The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-25
Trial and Conviction or Thomas Carltn, "A
Deputy soesiH, Cha ~ged wish rlsiseasance.
COURT or GENERAL SESSIONS.

COURT or GENERAL SESSIONS.
Before Recorder Smith.
The Of Thomas Carlin Deputy Sheriff. Who stanis
charged with mafeasauce in oice growing Of al
eed reelec, Of duty, yesterday b-fore Recorder
Smith The Court early hour crowded with
spectators Mr.. Carn sppes,ed in court as,ine sy ar.
L. W s,ouehton and Mr.. H. ) Clinton as counsel. Tue
p,osccution conducted by Mr.. Whiting.
Upon c,nnepc,pg the case Mr.. whuieg said he woali
cce the privilege of opening to Mr. Arthur T. jones' who
vas the con llsnunt this case. This gentlemen &C.
eodingy, mad. the opening speech, in which he .te
Ieral argument upon law and ethics aud p ch.d Int
the sheriff Of he State tie District Atoraey
ard Judge hebee From the sateuen, othe appears
Dir Csgin Sic i'll, went To n stable in Mercer street
10 wit ,spesn upon the keeper of the sta
and t. skt potessioD II bone While bcr- Mr. Car e.
ali we'd bu,seH SO be- hansbao1ied ino conversation
With Mr.. Z Inns and while la this c)nyersation with
Mr. Cal in, wsn nnsno~a 70 Mr. Carua ran og
with he horse and heuce Mr. Carn Il indie for
ieasBrce or xegeet 1T duty
Arthur =. jones the frs witness examined for the
proseca,ion-I live Ia fweny-teird street. sni do ba-
Deee ut ll5 H. oad~ny; am chant d auction
III the month of lecember, 1854, aua Iaau1ry l6ai
the OF gay hnrse kept l,m at the stable
a Ceaver Mason 6. aud 30 aercer street, had u.d
hat horse since November H. 1854 CAV, 800 Cor him
! beletcd i'm worth that; be has sioce becou,e
valusblt the papers you fhow me tnrn bel 1,
hy Ar. Ceever in January, 1890; after thee papers
reic handed To me, nad an tnterview sh Mr. Cara,
teputy 81 erid, did not at fiat him but NJ Fore
man, no wi h ne did know him; convCrsatiyn
ttcn c. mnehctd Win darhn, IN which he haid 81
nj, way 10 Bebcc Donono's Office, who wish
to withdraw tue rtpevn suit. but not ing u
tumbugged, and viii not withdraw the suit uau put
The hor.e back into tac stall where took min from"
told him IL trick get the horse out of ny posses
sion, on ase grences they had doae twice before,
had put him b,cR where he had taken hin fcm and Car
in raid he WORLD not
james Willett was the next witness c,llei-I am
Under sheriff Thomas Carlin Is rcpuy SHERIFF: he
appointed in January 1853 and has been up this
tinc; have recollection Of the papers you SHOW mo
know there suit OF the kind aliudei TO in tnesc
papoIa, but Of those papers shown me i have
knowledge; If there bond In the tha bond
70 me- eauu"t s,a abe her he shsr and bi Sen
y or ei'Le Of thon ever returned thii TO NJ, JoIes
only krcw from repuiai this person to whom Cartn
delivered The property; think he told he had given
the horse TO Judge Bebee have collection of his
ing he had de,ive' ell to Collins he said he look
to Judge Bebee get him hrough the cifGcuy quo,-
toned Carn every day, to know what ne doing
about the hoss Judge Bebec said this horee ont OF
the county, but he would 1, returned; e ,ouh not
soy where the horse out o the county never went
with him 10 look for the horse found ont where
the horse had been kept; The undertaking bond
The part Of Mr. Jones is not among the papers iu my
ofce have recollection Of having such bond
At all
jaime. r Whitehead was tho next witness exaniusi
by Mr.. Viii ing1 am lawyer doing business at no "
inc street n January 1855, a student at law In
the ofce of Martin h smith; isnow Mr.. JONES' IN ,dc
out he bond and delivered TO Mr. Waiting.
Cross examined by Nj. stoughton for ,he defencerhe
OF the sufcties to this b,Id Isaac r. Bailey
ia,mer Bailey the attorney, the dcfea-
oid not keep ho copy myself aemani led tho delivery
Of the horse; Igave the Undertaking to NJ WiIlets Me-
Wie,t said ii should be attended to; did MT a, any
tine Carin the subject demanded the delivery
Of the horse at rabseqnont period he again said tho
matter should TO attended to.
sr. Arthur T. Jones again recalled by Mr.. Whiting
- have no recollection Of having any conversation with
Mr. Csrn unless II the last of January the st
- February, At tho Sheri's Office ia company with Dir.
Whiting. then NJ. Whiting made demsni the
sheriff. Mr. John orser, to know why thu, horse not
delivered up; Mr.. osser replied 'Go aui asx Wule-t-
he knows all about t Mr. Csrlin Afterwards called
sp from the office below by Mr.. wilett; you, Mr.
Whiting then asked him Why he did not delver up tn
hor a. he said he would deliver him tue next IA
al three o'clock that he had given up the horse to Col
lias at the request Of Judge beoes do not remember
any other interview with Cariu.
Coesex iruined by Mr. Stoughton Il bought the h,rso
in my store the lth OF November 1884 had known
The horse FOR tmo frln delivered the horse
Ia rcus cd TO give receipt Tor the horse when Car
lin offered him to refused because did not thak
reccpt necessary; nj this time did snap for
the horse lost sight Of the horse and eveythiug ele
AID cared Tor nothing but the principal; know Mr.
John Collins have known him for oDc ,imo anil
hare known you FOR time aso, Mr. -toughton (hr
Slough topfaank you, slr) hovo had tho horse since
March, have used him ios of times; from the tune
founc the htise in the St Nicholas stabca, appropr
aed him 10 my use.
Mr. Richard Hoffman was then sworn for the prosecu
ton II reside at no 5s BeecGer street. a professor
Of music; know this gray horse n controversy bsiyecn
Mr. Jones Mr. Collins saw the horse In the posses
sion of Collins the lath Of jaruary In Madison
nuo, Mr.. Collins was riding him horseback he was
coming down town.
Cross. exomi, eJ-rhe horse was blanketel when
Mr.. Foreman was then recalied-I with Mr. Jones
at in'e view wi n Mr. Carlin this the Goth
doy Of uary last heard the conversation tae con
versaon opened b. Mr. Carn's saying lac was on his
way to Mr. Bboes Office, m he hca ID they ntontet to
discontinuo the suit h said they must make up ther
got L!n Mr. Jones said he dscontn the suit
Till he returned the horse whore he g., him; Mr. Car
Mr. whhpr then read In eyiieuce the rorieyn pnpers
10 tho Of Collins Jones' In this case, and here
the prosecution oraed.
Ifntn raJ st4aJ nfattrg Tia
ssia the facs were that In the 1851 Mr. Joaes
residing at New Rochelle; Mr. Collins, Of r. X
C,ns, with his Sfe. resided there at the tac
Mrs. Collins owned this white horse, and sir. Jones
taking fancy 10 II offered Mr. Collins large sum lr t
Mr. .oiins refused 70 sell H. and left f,r New York and
efs ihe horse i, possession Of tho stable keeper, Mr.
shue az New Rochelle With no power whatever for bin
to It'll it; wls Mr. Collins absent Nc. Joaci by
fme collision other purchased the horse OF Mr. shus
and Ar Collins afterwards dndng his horse In possession of
Mr Jones' and belle ing be olen he took possession
OF IL sgain. Mr.. Jones then insesd OF hringng su
against Mr. Collins and trying titles with him brought
eu against tie stable keper aud this managing 70
get hold oi tho horse again, he delivered nm pp 70 NJ
Ioees egs Ia. Mr. Collins then commenccs roplesin suit
10 gt the horse baeE the second or third tue (lhe
counsel thea went further TO state, the horse after
this bad been arst sezed by party and then by The
ot err and had been changing hands up 70 this time be-
tween the parties in question
Mr.. John Collins for the 6efeneet sui mart
by prpesSon; knew this white horse; Last summer
by the OF J0nes had him. tho sur4ier oef1go
he vas "a New I;ochsIe Thanksgiving day found the
horse had been taken from hs stable and mex dav
found him IN carer rason's Stable; vent there with
NJ. Carlin TO fcooviu papers; ~c found the h9re
chod up In stable p.inted The horse out 70 Mr. Car
I'm Mr.. Csin demanded the horse cf the Keeper tho
horse brought out snd named Cr1ger 20. on
tho horss and rode h awAy; Gsrlins back - n me
horso whom he brought out, Cfugsf lad his bride
under hs coat gave direch5ns 10 crnger TO do thi.
sioelihIy; Carn knew nothing Of these arrangomeat-
Of my intentio1s; while the borsc being I'D
out ! hrd engaged tarln In coavof.asi1n,
with his back % the horse; carlln dif not sos
ibt hofse vi Crugsr vss eetis9 on bis bac. and tng
BIN sway cfufer went 20 stane IN Great fo1oS street
a. directed ,ariu then sang out sni wanted 70 know
where going Nth that horse told him bel th'
horse IN my po-sessinn and would Play the same
tick Mr. Jones hal played, Mr. carin very ~ lch
fpl.asei and said had not served him right df net
tell him whore the horse going; told Garlic ~ vs.
OF his business the h0rse rode away It 1Dod
-peci; Carlin the nnxt day ~ uni the horsc
Aouia tell him where tho horse wa; f4rn csei an
halt dozen tirnes fir the hosc, bat never would
tell him where he horse was; ~ou'd not te Il. Beos
my -e where The horse was hnsly seat tha
hore TO Nr. Ecbee's stable nut q sympaihy y W. ttr
In who anxious 70 get him; tooA him u West sle
| Ter county after took him assy from The stable.
Cross exam iEsd--Hf. grugsr BE- lese u