New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-25

Y
it l,6oO feet owueo b. one OF the psicouers' is's''
| Of l,oos.
On cross examination, witness said he bsi no rea.o
to be otherp ice than personal and polite tieni OF
| AID Uerrick; have not lobbed, can say on VNh,
10 any of the members Of the com non council tor
| two year,.
IL further on. stions Of fefeDse wines, said be va
acquar u with John Murphj he qiarreief With Ias
tecau.e he said the Uny Ooe op Josiog the sHr-
alton; asked the mayor not to sign IT, bat to have
herring; lie ssid he would hear pers)ns hit cay 0lt
| / rae not time, IL season, TO bring them up.
| Huh Herr1ck. s~orn-Am q brother o. AID. Her
rick | am q clerk in court of Common Pleas my
brother has lived in SItyrs street az or seven years
there Is able in the middle OF the sdng room
at his bouse; il IL usually covered With scraps oil
paper az TO bis editorial AID sdermanlc busioess;
ives at the house Of Mr. Wsrirg fortnight ago last
SUneay ny brother said 10 hum he unders God t7st
| Mayor Wood hsd read 10 him the law IN the grand
Jury ROOM aid offered 10 pro ect him, and slso hiI
| Mr.. Garter had said re hao enough TO convict HIM
my brother iemarked 10 him if his was so, thai IA
had b. en- requested by Mr. Brady to get him to make
sffidavir OF them Mr. Warine replied that III, coun-
sci had advised him no, 10 sign his nor 10 make
apy affidavit; my brother said he merely wished 10
know If these statements we've ,ruei MI. W. ssld toe
| iac.s be hal told AID II were true, but ne oh no,
Ike TO make sny afidavi's till be say bis counsel, who
han told m he was In q dangerous position, and &c
| old rot with 70 exssperate Mayor Wood or tue DIS
tict attorney; be said my brother might take coFn
bat be said and il bis counsel consen0ed to morrow
| be vould swear 10 Il; my brother wrote thsn DOWN
link that l. the paper; Mr.. WIirg vas good
deal corfu ed and ssr parts were real TO him a. 10
what be had said, re would contradict IT. think the
sat.u eni al TO hD after 1t had been Corrected
Mr. Whiting read the st.temAn.; it SAIL Mayor
| fernando " God was IN the grant jury room when l
went In; refused testify the mayor ad the law,
ard volunteered 10 say should not be harrnei; tbs
for, man said he bad enough to convict me, &C.; saw
ny Counsel, ate sp cared next day.
Mr. " airing said he was sorry these things had taken
place: that |; hsd itur him and AID Herrick; tlas
be was Satisfied he had bee made tool OF by Murphy
to assist the may and fjure you speaking to Aid.
H.; to yourself, my brother said, you know tnere
was no sgre. ment 10 the grade thai would take
morev snd no promise m de in regard 10 IT. MIR.
Wsrnp replied thst be had stated before the grand
jDry that there had been no agreement and that be
lefi the check lying the table my brother said you
know tever received such a check Wacng, and that
lever ssw it after told you TO put it back in your
| pocLet; W. said DON'T know that you know | left
| he check there but did; Murphy had told me that
if YOU refused take the check if left it the table
| or writing deck, it would answer; Warning ssid he
tboul ht all the mayor wanted was TO stop writing
shout the Joseph Walker in the psp and if be did hs
! thoustt they could settle it; my brother s9id he
! thought Il e mayor had put his hand into the public
treasurv and he would serve him up in The Alas,
and If ne could he would get him indced my brother
said be thought the present Indictment would be
! quYhtd, ard eft
Croes examined by the disrict.at.orney-Iknov Mr.
R9Sts ...oa = NJ, 20. . hartman ., ii,
brother The question was obected to, as this is not
I the Place 10 prose Aur uI-LlCt
torpt has ed his case and he could not nov be a.
lowed 10 lrove coparDership, even II il were civil
case. As to criminal csse there can be no partner IN
crime. This case was prepared by tho modern a
poeon who il ruling the city OF Ne1lork even be-
fore il went into the grand jury room and the prose
cuon baye rested. The ostricts attorney presea ted
few words In reply TIE ques ion was ruled out.
An eiyelop was shown the witness by ds'ri, at
torney-Do not know that ever saw the handwriting
before 90 not kno the Handwriting oftle note sho yn
never saw the check shown till Dill 30 yesterday in
the courtroom; cid not see il - >'r Warings and
did Lot beer my brother prOpos. " to have 1t de-
siroyed; rever the third p2v snO~l.
| Wiiness-We were at the house OF Mr.. Vain, about
threo quarters Of al hour; my brs her sad to him.
"You have expressed q sympathy, and now Is the
ell al ce to show it supposed Mr.. Warng to be con-
fused but co not know but It is way he has got; he
was understood at irt as saying he saw Mayor wood
in tie era dury room, aid then that he saw him in
the may office, and such, aud he would correct u.
Mr Brady called Luther C.. Carter, bu, he did not
answer. He then called
! Roe Lockwood who was sworn-Keep a bookstores
was ore of the grand jury two gentlemen were sp-
pointed sec.etaries; ore acted while the matter as
| TO AID. Heriics ~ss under examination. Mr. Murphy
can fret into the ersnd jury room; don't remember
that an affidavit Yves read: Mr.. Wa'ing and Mr. Wood
| were there, and the district attorney was in here
several iimesi Mr.. Murphy was the drst witness exam
il ed; the examos ion of Mr.. Waring )m nenced Mr..
Murphy I'll there, when the may presented himself
ana Mr.. Waring and Mr.. Murphy retired
The mayor was examined wltLess.
ell hat spired in the grand jury was private He
| would do as the court wOulc direct.
The district attorney iemaIkyd ba' willis he d NOT
grant t as precedent he thought best in this case to
! permit the questions 10 be asked.
The court thought the witness had right to state
bic own vote or the OF Others the discussions
but might as 10 Otner matters
After the mayor bad retired Mr.. Wsnng again pre-
scented himself; Mr. Waring said good many things
| he fist cay which he unsaid the second be denied
tie first day everything like having himself altered
the head of the che ck he utterly cenet the first day
having red slC0, but said for getting the care 5
| printed. he had Cfierod Aid. H. something like $25
be said substantially he thought it a good deal more
as coUr eel reIeais than The printing worth, but
that il would Influence Aid. HI vote on the grade;
he cont aoicte1 himself several timss the first day
eud got sometimes in tight plsce; / was not on the
grand iary the trs two days OF i,s string; do not
| know that Mayor Wood vitLess before that;
when Mr.. WHn 2 came in tie second day be seemed
10 re quite prepare ed and 10 make clean breast of IT.
be said The rst day that he afr aid he should inn
plicse hmseli; the law az to the case was read to
| Mr. Wsring BY the die & ict-aitorney.
Tie 6stIic,-atOrney Offered to read an affidavit of
hs own which Yves objected 90. He said the proceed
before the grand Jury orginsted entirely with tae
| district attorney irsm runors be had heard.
Mr. BraGy epled that the district attorney was very
chiysrous but it does not protect the party who oes
been shown as connected with it; that will be for tae
| Jury 10 decide.
| Tie affidavit was lot admitted.
| Witness-I 60 lot n member whether the mayor aud
dstIict aitor ey both 10 the grandJuy room at
The time the law was read; told Mr.. Wsrng thst the
l,w would protect him; / saw in hs mind that there
was somethii behind; the mayor was tlers then De-
cause appealed % him as to whether was not cor
rect on account Of my appealing 10 me mayor thin1
the dirrct-at orney not present. the mayor SAID
was riebt: the statute was not referred 10 then.
| AID Purdy sworr-Was interested in grade Of
Fieitysixh street. spoke TO several Of the aldermen
about it; among the rest to Aid. Hernck ne