New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-15
La " INTELLIGENCE.
CHARGE OF BRIBERY.
TRIAL OF JUDGE II. STUART.
COURT OF OYER AND TERNINER-Befors Jsdss Roos

COURT OF OYER AND TERMINER-Befor. Jsdss RoOsr-
THIRD DAY-wIDsEsDAY, Nov. a.
The court met at l0} O'Clock, and proceeded to bear
the evidence of Mr. Vsnd-rvoor:, clerk Of the court
Of s. ssops the cross-exeminson, which was con-
Quoted by Dir. Brady. The folio wing evidence was
elected:
do rot remember Of Judge Stuart's leaving the
bench on the 18th February and going out OF court
the peIso senteLced that day were senteaced on the
last part the day. Judge Stuart must have sentenced
them; 90 not Iecollect whether Mr. Sparks or Judge
Stuart frs showed me tbe clip OF paper from the dis
tct-sttOney.
Q. Was ii MOI the fact that Judge Stu.r came to
you after court, in your Office and handed you the
paper and you then told Mr. Sparks 10 look after the
papers A. Ny recollection is the other way; after
The indictment found l not certain tina. | said
anything about it, but recoleced the very well;
did not know at that time that Co,grove had an
aias when left TO see the dstT ict attorney, think
left Judge Stuart In my office; expected to find the
district attorney there and went to have him sl,n
the noe prose qui; at my return to my Office men
tioIed that the district attorney was not in his
office; / spoke of the discrepancy in tie names,
and Judge Stuart gave me TO understand that 1t
was the case he wanted; the une term of the court
Of Sessionse nded the 23d OF that onh 1t s the practice
curing the months Of July and August to try prison
to clear the prison off during the hot weather:
the July held by the recorder and the August
term by Judge Stuart Judge Stuart was taken III the
first Friday Of the August tenn; recelved note h0n
Judge Stuart stating he was unable to tend court
TO my knowledge person waned the papers held by
Judge Stuart the term he had them; the August term
commenced the 9th of August and left on the 18th
and did not return until the I'd OF September tue pa
pers of the cases are left in the custody OF the district
at orney when The is ready for trial unit they are
disposed Of except in the case OF the Issuing OF
bench-wsnant the papers in this case did remain In
ny office The Few indictment remained in my office
always
Dhect examination resumed-The July term con-
neuced the I'd of the month al ended on the 9TH;
the judicial duties OF the recorder in the court Of Gen.
eIal Sessions eIded that day suppose until Sepiem
Der, according 10 the regular order, though have
known this to he varied; the September term opened
the Sd Of the month; the recorder held that term
the Gh Stuart brough back these papers, when Stuart
said it en- Indictment against Cosgrcve ana not
Conbol, that be wanted; / did not know that they
were the person; subsequently l inferred from
Judge Stuats conversation, or perhaps be may have
told me so, that they were one person.
John Sparks, on being sworn, deposes and says-I
am deputy clerk of ho court OF Sessions have been
with that office abou! eight years witness
hero took the note previously produced, sgood A o.
Hall and pinned to the inoictmenti hrst saw tins
note the 18th of February las in the court oon of
the cOHrt Of Sessions; think j received 1t from Mr.
Nandervsort; it was between and o'clock, about
that hour being the usual tins the court adjourned;
earIot FAY positively whether it was before or atsr al
iournDent; when received the note | came directly
INTO the office of the clerk; | came in alone
! eh Judge Stuart in the courtroom; ! an not
sure whether he of toe bench; Judge Stuart
after me- accompanied by Mr. andervoort; searched
for tbe Indictment Of VIM. Conn ~ and could not find
any; Stuart present while was searching; told
him could not find it spgs eeted that the Indictment
might have been in another sme; he sad wait mo-
melt | will ascertain; he left the Office and in from
rec TO five minutes retumed he said The n.ule vas
William CofgrOve ther searched for THAI name aud
found he Indictment now bold In my hand handed
TIE inc ctment TO MIR. Vandervoot who was standing
bv his desk be took it and held some conversation
with Stuart in relation 10 the Indictment which did
not hear; think Mr. NandervoOrt left the office aud
went into adjoining office occupied by the district
attorney, and returned almost Immediately and wro'e
the order of noe prosequl IN the book, and at the
ane time directed me TO give Judge Stuart cettl-
fed copy of the order; Mr.. Vandervoor wrote the
tntrj in the minutes and made certified copy wsle
be was writing the original; began TO maze Tue copy
at the tame time that be bes TO make the Orgn4l
uC &c Stuart appeared in some haste he made no ex-
olsnaton in relation 10 his being in haste; (winess
tai es paper this is the same certified copy which
gave to Judge Smart.
Cross.e1smiua,ion-Whe Mr.. Vsndervoort handed
me the note for the district attorney he told me 10 go
and get the papers while was looking for the ludict.
ment Juoge Stuart and Mr.. Fanderv0ort came in;
did net bear any conversation about this being an ln-
Cicu ent az ainst hotel thief We generally closed tue
Ofce about O'Clock; Judge Stuart generally lett the
building the court adjourned; do no, know
whs ther he went to dinner; Judge Stuart did not say
be - in bury; az the same time MIR. andervoort
told me 10 give the copy, think Juoge Stuart also
told me be wanted copy; be did not tell me to wrlte
fast bu. he waited like gentleman until had finished
II, and then left.
James N. Smith, jr., sworn-Since the lst OF jan
uayy last have been recorder OF the city and county
of New York; in April, '53, was practcing law
YER Of this ciy 10 that year | was counsel for a
WHO arrested by the name of COsgrove; the hrst
time saw hun was al the police office at Jefferson
market: he was charged with a burglary co nmtted
at the New-Yoik hotel; attended the examination;
Judge Stuart at that time Police magistrate; the
bail fixed in the case at five thousand doars by
Judge Stuart: il subsequently, reduced 10 three
thousand collars; Judge Stuart expressed good deal
OF hesaton about fixing any bail 10 the case OF Cos
grove of the evidence which existed alnst
Cosgiove; my recollection was that the evidence was
So clear against the party that be doubted the pro-
pre;y OF admitting him TO ball. he then fixed the bal
at five thousand dollars; | think bis expression ws
that he would take good bail in the OF tive thou
ssnd dollars told him il was impossible for him TO
give that amount Of bal-that IL 9ss equivaieni IN
ire case TO having no bail liked al all that is the sub.
stArCe Of Sh recollsct al that time; silerward MI
Erink ard myself went 10 Judse Stuarts house and
had interview about the matter don't reco!lect
uht9 er this the same day. the next day or sew
eral days aferwnd; we saw Judge Stuart at his
house cannot state the conversation that took place
Al that interviews the subject the reduction OF the
bal and We got il reduced 70 three thousand dollars
presume tired TO get the bail lover, but have no
distinct reco!ection that interview think lasted but
a few minutes IN February, 1855, had converse
ton with Judge Stuart in reference to the Indictment
against CosgroYe; II was either on the 2lst or 2@di
thiDk the 2lst in CONSEQUENCE OF conmunic sooa
made to me by Mr. John b. Frink the bail in the case,
Ieft nv oce, leaving Frink there; started for The
clerks Office 10 see If any proceedings had been taken
in the Indictment against Cosgrovei met Juase o'n
art at the foot of the stairs coming out of his office IN
that building then told him that had understood
that proceedings had been taken to discharge Coseroye
from al Indictment he said there had no; and would
not be any this was after the lsLh l went
back egrin 10 my Office and hsd sonversauon vim
Finki FIink left my Office the next morning or the
mon ing but one after that, / am not positive
which Mr.. Frink came again to my office; IN
with him | then went to the clerks office; I