The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-10-25

injured both and the other that be was SATISFIED ne
was led into II by Murphy, and made the tool OF the
Mayor in njurng him (Herrick) my brother said he
might wen tell him that there no understanding
between tham the subject Of that grade and that ne
lad caused to be taken any check any
money; waring REPLIED ~ swore before the Grand Jury
that you received any check confederation from
VOTE and that left the check lying your table when
went away my brother replied "You know never
ceved any such check and that after told
you TO put 1t back in p0cket Warng said then II
do not know whether you knew ft the check there
not but did leave it behind and Murphy told that ii
you refused to take the check and should lay it your
liable or writing desk it would be all rght Warng then
went to state that he thought all the Mayor wanted
for him Herr to stop writing articles about the
thought the matter would dropped said he thought
that would settle my brother said he thought that Wood
matter Of Joseph Maker and that be would continue
Jury and have him indicted waring said he hoped
my brother would get ont Of the matter some way or
other and then We left that is the only interview
had with him.
Cross examined by Mr. Hall-Am acquainted with John
T. Ropes suppose he Is my brothers. partner; they
have been in business together for fifteen years.
O. You understood them TO be business partnersP Oh
ton taken Envelope handed to witness) Cannot say
whether have this not; Qetter handed;)
know whose CHECK handed to Witness
have that check yesterday but not BEFORE did not
it in Mr.. Warnings house; my brother and had
check (another letter handed to witness have never
seen that before in the conversation with Warning my
brother denied having seen the check after he handed It
g. Then be distinctly admitted having seen it once
Objected to and form Of question changed.
said he never saw the check after he pushed 1t back and
told Warng 70 put it in his pocket tina. the substance
Of what he said have never talked with waring the
subject except that night stayed there very nearly
three quarters Of an hour, perhaps longer.
Q. Did yonr brother say anything like this to Mr..
Is your time to show a. Yes something like that
Warng appeared confused but It may be the usual way
in which he talked; talked very little, but lstencd
went there at my brothers. request went to Mr.
Warnings Office my brother asked some questions, and
when Waring went on and talked, my brother asked
%ssns soa
understand from Waring whore Wood when he
sured him ofhis protection Mr. Warng said his counsel
Mr.. Dewitt; have never been TO Mr.. Dewitt;
have been in court for the last three days. have
sitting by your elbow; very much interested in
the matter on account Of my BROTHER the only
sat beside you that there to sit by my
brother.
TO Mr.. whiting--y thought would keep good compa-
Roe Lockwood, examined by Mr.. Brady-Am a book
publisher in New York; one of the Grand Jury to
whom the case was presented.
Mr. Hall made the observation he did yesterday that
the secrets Of the Grand Jury not proper sub
ects Of examination, but that he would not object to it
account of the peculiar line OF defence.
Witness-There we're two gentlemen acting secreta.
res at the time Che Of Aid Herrck before them;
the first person who came into tine Grand Juyy in
.
If there afdavit, do not remember it, the
day WariDg was in the room, and Fernando Wood and
Murphy; think hat the examination Of Mr.. War,na
had begun when the Mayor appeared and the examine
was suspended; Waring left the room and the Mayor
sworn Witness Witness here asked the Court
for instructions as to whether he should these
questions.]
lowed the violation Of all legal rules in this case and had
acquesced in the Of counsel He had obiec.
ton to do SO in this case account OF the charge of
spiracy which set up by the deence but he LETT the
matter TO the instructions of the Court.
Mr. Brady asked no favor in the way of straining the
law.
Judge Roosevel(to witness) The counsel of yourself
and colleagues Their voting in that body and yours you
are not bound to disclose, and In my judgment you
ought not to disclose.
The witness had no objection to tell all else Examna-
ton continued -Waring returned the second time; he
and Murphy had both left the room at my suggestion;
Wasing presented himself again the following day heard
all his testimony.
O. Do you recoec what said on the subject of al
teriag the OF the bank til 1t check? A. He said
II done by Of the two but 10 not know that
ated which Of them made the alteration; he said good
many things tho first day which he unsad the second
q. Did he say ~ did not alter the check from one
bank to anothes A. lie denied everything Of the hind
the first day.
q. Did he state that the he had offered for the
business card 1882 A. He said It might be about S25
something moro, bat he utterly denied having offered
$40, the first day.
@ rid he at lat anything Ike this; Il gave, or
offered to give, Alderman Herrck SIS for printing 500
cards, much larger price than the work was worth;
thought the extra large price tna gave Alderman Her
rick would influence his vote in my favor?" 4. lie ad
mi ted much in that first interview; he very Oh
confused Al the time and got himself into tight places he
stated substantially what you have said that he gave
s25 for printing the cards and that the extra IN
huepce the vote of Alderman Herrck
Document handed 70 witness.
Cross. examined by Mr.. Hail. remember that this f
dayit before the Grand Jury and read; the FIRST
remember what order the Grand Jury had made before
Murphy came in was not member Of the Grand Jury
the first two days Of session. Mr. Wood had not been
there before that day. 70 my knowledge did not
what turn things were taking, end suggested that
Warng and Murphy should retire. and let the Mayor be
examined, Warnings manner the second day was quite
different from what Il was the first he seemed inclined 10
make clear breast; he stated he had been afraid to
crimnate himself I'll, he had conversed with COUNSEL he
read the statutes bribery Mr.. Waring; Mr. Wood
did not read from the statutes to Waring.
Mr. Han here offered to put in evidence his affidavit,
show he said that the only prator In this mat
ter was the gentleman who had perfec. right to De
consrirator namely-tbe District Attorney He offered
il 10 show that he the first 70 in this matter
Mr. Brady objected to that affidavit being received
The Court thought that the affidavit was at present
admissible az evidence though at future stage of the
proceedings it might be.
To Mr. Bradyt not on the first occasion that Mr..
Hall read the law to this Witness not positive whe
Their Mr. Han snd Mr.. Wood were both there at the time;
told Waring that there was constitutional provision
which would protect him IN giving his evidence; APP
peaied to the Mayor the truth of what had said
and he sustained IT. should not have appealed to the
Mayor had the District Attorney been present and that
satisfies me they not there together two three
OF Us told Warning he was bound TO answer saw there
something back in Mr.. Warnings mind and suspected
he was fearful Of eliminating himself and told him
what thought the Law was in the matter, and appealed
to the Mayor, and he confirmed what had said; the
mai point that he would crninate himself: the
statute was not then referred to- looked for by the
foreman but he had got the wrong book supposed the
law Of 1853 did protect him in answering, and It t.
that | referred.
To the Court told him that II he did testify there was
law which secured his constitutional right to be poo
tected from punishment and il that appealed
TO the Mayor.
B. B. iurly, examined by Mr.. whiting-Am engaged
in particular business, but do not exactly under
the term of gent cmsn y took interest in the mat
ter Of altering the grade Of Eighty sixth street at first
TO IT, because informed it would involve
pretty heavy assessment property OF my own there
spoke to Alderman Herrick the subject he explained
the nature the deep grading and informed that he
thought majority Of the property owners were In favor
Of the change and advised me TO Withhold any opposi-
ton this after II from the Board OF Coun
cinen; called on him once or twice. he thought he
would advocate the alteration because he considered IL
would be satisfactory to the public Mr. Downing inform
ed that the alteration Objectionable aud solicited
u, With in