The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-02-10
Examination OF Close, the Private Watch
man, Charged with burglary In Williams
Before Justice Boswell.
c o DAY.

Before Justice Boswell.
SECOND DAY.
The examination of private Waterman Henry Close,
charged with burglariously entering the grocery store
202 Grand street, owned by G. L. Smith, on the night of
Tuesday last, was resumed yesterday afternoon-Coun
seuor J. Dean for accused, and Mr.. P. 0,Brien for the
people.
Charles L. Smith called-Counsellor Dean asked if Mr..
smith was in the court yesterday when Van Colts testi-
mony was taken. Mr.. Smith admitted having been 10
court part OF the time. Counsellor Dean then objected
tSa bis coS testimony snsa ya being g taken AXE ,, according 9 s.t to the z. ruling Of
The Court ruled that the testimony Of Mr.. Smiths should
be admitted, although he did wrong in returning.
No. 2O2 Grand street; VIM. Henry Van Colt is a CLERK
night. lett Van Colt in the store to watch It against bur.
glars; went home, and was awoke BY Van Colt saying,
in front q the store with Mr.. Carroll; went over to the
store, and found the boy there with some two or three
other men; Mr.. Carroll was one; the boy said he saw Mr..
Close in the store; went into the store, and struck y
light; saw two bags OF -four laying at the edge of the
trap door, out Of their usual place; we rushed down into
the cellar; we taw that the bacs window of the cellar
had been burst out; we searched around the cellar, but
found no one; two barrels were standing under the ~in-
dow; the window Is about six feet from the bottom Of
the cellar; noticed the wndow on Monday morning; Mr..
Close was IN the habit of coming into my store: we came
tack into the store, and lett the boy; Mr. Carroll aud my.
self went in search OF Mr.. Close; went through his beat,
and do rot End him; be has bcsn employed to ratcn my
store rom seven 10 eight months; l think he travels on
AZ - WV NhO y VIC UuD Him
in the oyster house, about elaven O'Clock, in Grand
street; ! beckt ned :r him to come out, which he did; l
said to him, my store has been broke open; l intend to
wat, n /. the rest of the night, and wish you to stay With
me- he came a'ong with me; Mr.. Carroll said to Mr..
Glose-"M Mr.; Smiths store has been robbed, and William
Heury says II was you that robbed it,, Mr.. Close said,
"Toes hef-where Is hefn we replied that he was at Mr.
Closes house, where we had Ibeen to look for him;
the boy was called, and we all proceeded to the store to-
gether. We all went in and sat- around the stove; 1 re-
msrled that 1T was q very unpleasant Circumstance;
that II people were disposed to steal l would prefer that
thew would not steal from me. that the evidence of thia
case was that II was Dir, Close; that he and | were very
friendly, and ! was sorry to charge him with any sucn
thing i said that ''even IL there was . possibility that
1t was OF him that would prefer not to do it;'' I wish
ed Mr.. Close to remain part of the night, that I might
replied, ''sre you in earnest, or is it a joke = / told him
"was in earnest and was not disposed to joke with .
that occurred in tie store, as the boy related them to
me, in respect 10 a mans being in the store; Mr.. Close
said we could not think 1t was him, for the boy, know:
ing him SO well. would have %ceItsinly spoken to him.
he doubted the pistol having been fired, and thought the
boy would not have shot at him ! said to Mr.Close' 'that
take its course said ] did not wish to proceed illegally;
something, was said In relation to searching his resi-.
deDee; laid l did not think I had any right to do SO
with Mr.. Close, and he seemingly dropped
s4a% b at t si%o I t sGIas .,ss Mr.. s c.41oS; Clover gssy woke loud I'd
in about two hours and a half; Mr.. Carroll left before
he woke up; he said, "Yon thought was asleep. but
not 60 on his beat before IL O'Clock; about this time it
WAS daylight; ! requested Mr.. Close to stay in the store
Win my BOY, anu 4 went out, Wnen returned MT. Close
wished to know What I was going to do; told him {
should proceed with the Law; he wished to 60 to the
static, stat. n t tSo nish STG ~ n,o him .d to !, th ! sta station on; IN the frat
ought to have told him; said l did not feel 1t my duty TO
do SO ltfis was In reference to the arst robbery | told
been robbed, ami l felt it my privilege TO watch the
store myself; Mr. Close said, on that morning, that he
Watching, and il / saw at to drop il there | might;
told him that would not satisfy me; he replied that was
all he should do-he should not commit himself; there
~nQ n uIare preuarel in thu atorA for thu lny 4 n ayoan
that night, under the counter in the back part Of the
store; y was situated about 2 or az feet from the
s'ove, which set of 10 tho left.
Gross examined by Counsellor Dean-I have given the
substance Of the conversation between Close and my self;
act; Close denied that IL was him, and said he would
sooner loss his right arm than confess II have known
Mr.. Close ssven or eight months; found Close In the
oyster saloon sitting by the stove; several others were
in there; recognized . man named Powell; saw several
men In there with stars on their breasts; did not ex.
anime the back yard that night to see II there were aoy
fost prints in the snow; the sash which WAS broken out,
was about fourteen inches vice when we got to the
store we heard the alarm; 1t was about fifteen or twenty
about half past O'Clock; the boy went over with me;
went to bed about bal, past 0 O'Clock the boy returned
manned there about ten minutes knew the boy had a
pistol lnew that he occasionally carried . clue have
snoy INT. the sSy from 70. fou, 70 g, Ave years r &c Y e telling
once or twice ! did not want him out At night; the boy
upderstood that Mr.. Close had spotted some men who
were likely to commit a burglary, and that the boy by
being with him would receive o part Of the reward;
l told Mt. Close / did not wish him to offer any induce
ments for the boy to be out nights; this was before Goa.
~soldation; Mr.. Close saii he would n the boy
mot TO come out with him; when ! talked with Close
abont settling We might have walked towards the door;
Cicse raid he would lose his right arm before he would
have to prove IL; I did not ask him TO pay me for tue
goods that had been stolen from me; asked Mr. Close II
cooCs I had lost and the money | had paid him FOR
wst~hirg; early In the morning I went back OF the store
and traced tracks ffom the window, across two lots, to-
wards seventh street; the only track I saw vas that Of
A person going from the window towards the fence; I
weep ducss and hens In the cellar; they do no, run In
he yard; Mr.. Passenger, rext door, has access 70 the
came yard.
Rssuisf examination resumed-Ou Monday I noticed
the iiout trap door, leading into the ceilsr, was not fas.
tened; hft II unfastened, and concluded 70 watch; {. was
not fsstsnsd on the night Of the burglary.
Ifwarf J. Carroll svcrn-f resice at No. eco Ceand
s,rv,, know Mr.. Clcss and Mr.. smith; saw thar lat