New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-15

a Gle prssequi bad been entered or not my otec.
rather to ascertsn the cate OF the entering the
order; bad escsrtaired without seeing the pap.rs
that the case had been dischars ed within 'hor time
after, think, he'd az interview with Judge Stuart;
think Mr.. Frirk accompanied me to Judge uarts
Office; tbiIk used some pretty strong language IN
elati0 to tie entering OF Ioe prosequ in the c.;
t'iLk ssld wond have the mat er investigator;
that it should LOT rest there; that pole prosegu
being ent red mms ola civ sfte nv coming into Office
would lay me liable to public csnsu'e; cannot re6te
what further occurred; | wss excited at he time;
not recollect of any explanation he msde or a.
ten pied TO mske; tie interview was very saor.-Dot
exc eoing Minute snd half to two minutes.
Nr. Brddy-Is Mr.. Yancervoor, in court! want
10 ask hin ques ion before cross-s1smne.
Mr. Yandervoor a, peared aud testified as follows:
have searched for affidavit 10 postpone the trial OF
Cosgrove, but could not find it, co not know t1s'
have ever seen IT,
Characterization Of Recorder Smih-It is inpo's-
bic for me 10 state who called on Ire 10 defend Cos
grove; do not know toat ever saw Ms. Duva,
aiss Connolly, alias Cosgrove previous to her ap9ear
ance in tos court; have recollection o. any pro-
fessor al business with her; have an impression that
sav her at my office the Police OH zee at er
this csHe but not certain; knew at the tune sman
named Albert Butts previous TO the time was con-
peced with This there was charge agalost Bdrts
ofrecevns stolen goods for which ne was indicted; he
was never tried on the Indictment but my impression
s that MOLE prosequ was entered; cannot tell
how long since tnst was since then there
have been several civil suits in my Office in which he
was party; think they are determined by tais time;
/ think there is suit still pending in the Common
Pleas in that business the relation of counsel and
client has never ceased though sin the first OF Jaau-
airy have not had ire 10 attend TO civil business
presume exam bed the afidayis in the case OF Cos
grove before applying for BALL Judge Stuart was de-
cidec ly opposed at rst 10 taking ball. magistrates,
know acting uncera view pat forth by toe dstric a.
torney could refuse bal in case where the evidence
wss clear against party; cannot ell whether
knew the Cosgroves real name; knew the woman as
-. aha had
married Cosgrove; think old not know her By any
name except Duval until ne was bsiled; thnk
had proposed person as bail up 10 the time Justice
Stuar said he would take good bail; think thai the
first object was 10 get the bs fixed; told justice
Stuart tnst five thousand collars was too high do
not Think the dbtriCt-sttorney about the subject
Ct ball. made Strenuous exertions TO get this amount
of bail and may have seen the district attorney WIN
the view of getting il reduced though have recol-
lection of the matter; 1 have no recollection
of affidavit in the TO get the case postponed;
do Dot remember The witness 8 name wlose absence
was the ground of the application for postponement
Of the case; do IOt recollect of attending the trial
considered that my relation council for Cosgrove
ceased when he of from his bail; he sea me az
fee hunor red collars at the time he ran Oft never
asked Frink for it, nor the woman; did not ask
Judge Stuart 10 get Il Tor me.
Odd you say to Judge Stuart anything like this:
q" don't want TO have any thing done with the indct
ment again st Coeerove until am paid my ee OF one
hundred dollars, which is due. A.-Never ar, moth
connection
MIR. Byads-You need no.. Did you tell Stuart
that Cosgrove owed you one hundred dolarsl A.
No.
Q. Then you can't imagine how he fouad it out
A. / will tell you by and by how he found 1t out; |
never told Judge Stuart not to have no,e pro5equi
entered that indictment, because never spoke %
him about it until after it was entered cannot say
what Stuart sad in bis justification at the time Fink
and visited bis office; / do not remember Justice
m
confused when l mentioned the mater; do not re-
member that he said one word; it might have been
ten days to fortnight previous TO the finding OF the
Indictment that fret heard that il contemplated
to bring ON Indictment; think had conversation
with any person upon the subjsct except Mr. Hal;
far as know, the perrOnal relations between Judge
Siusrt and nyten were good; never entertained any
but the kndest feeling toward bin; L should t1lnk II
was day or two previous 10 Buriis going TO Boston
that he dess mated TO 90, when it was understood
that be knew the parties residence and could procure
their attendance: Buris and MS Connolly were pres
eDt of the il terview; FTink has been lent OF nine
cured Frink to become bail; j do not know that
Frink had any acquaintance with COnooly Funk
at that time was pretty extensive contractors chat
tel mort age was given Fri,k by Mrs. Duyal on her
furniture inc ennty in Of Cosgroye, running
away; tie furniture, understand, was of little val9e
Connolly and FrDE; The day the district
attorney was at my office Burts ana Mr'.
Cosrove were there; no other person was al
the interview; application was ever made to me to
procure the entry OF ROle Prosequi IN the new IN
dictment; Mr. Hall gave them note stating to pro-
tect CosgrOye from toe Indictment IN case be came on
! think the meeting a. my Office was by appointments
nv impression Is that II was escertaInei that the
women was in town-that chs had been seen going
into Judoe Stuars office; it was within sour after
that think, that she was in my office; my recollec'
ton ia that tie district.att oruey and myself were
present at the time when Burtls ana the woman cane
10 my office; they were sent for; do not Know VINO
ell tia IA fv1f
| certainly never furnished any, aud do not
know that any was furnished; i knew Of Bqrtiss
! eturn cam OF tell when saw him; think 1t was
shortly after his urn, and If recolect rght al my
Office; told him TO 90 and see Dir. Hall, thai he was
the party to report to- since then | Thick we have
never met have no. seen the woman since tne inter-
yiew; think met her once; am not positive ether
was sent for to meet her by Mr. Hall, but was
engaged aDo did not GO my impression is have not
seen her since thai interview, though am not POSITIVE
of that think the bail sgreed upon at otuarts
house but pot taken don't believe was present when
the bail YVES taken suppose i was the prec1ee OF
MAGISTRATES TO refuse to take bail after Indictment
without consulting tie cistric attorney; have no
recollection either way or the other as TO whether
] saw the district attorney.
q. Did YOU tell Frnk anything Ike TINS, at any
ime-that stuart hsd promised you that be would not
have nole prosequi enterd in that Indictment, or
col sent 10 do il VI ii your fee paid A. No. never
in the world sucn thing ever uansplredi L can ex
plsin everything which will explain boz Judge Stuart
gathered the icea Of hundred dclars; only know
by hearsay that Burts and Mrs. Duva were ac-
uuaipted; they were evidently acquainted atmy Office
the best Of my recollection Is that Burts remarked
in the conversation that be knew where Cosgroye sud
Mrs Duval were and ths, he could bring the there
do not think Burtis was sent for officer Woodbridge
did lot brint Burtis there; i hsd learned that
Burtis and man named Fish had been lniphes,ed IN
some charge in some part OF Massachusetts; d. not
remember the crime; / have heard that Fish wa
connection of Mrs. Duvsl1 gained know edge OF fa'
NOR about Burts and Fish, ,hould think within
month or ,ix weeks; about ten yesn ago l think,
there was charge against Fish, which defended, and
about three years ago brought a. action for Fl=h
ID. r4u a .nissn-Y