New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-20

quet vhat they may zee must give H 10 he sse9
| sice Of the hvue.
Mr., C,Ak-It Is only IN sXplsnatioa.
| Win ess, iresap.ins)-t rover signed any writa
ro'ts Of NJ evidence in The grsas jay rsoai seos
we're read to NE; since Friday tue ProsssussaG
oh,.r in ih has never seen ne or had any soa-
v, rsaiion with M.
Rev. Benny E. Montgomery; sm eerxymss e
the Protestant Episcopal Church 10 April, 1855, ~
sliced on he conner Of Tenth and Ii Ewsier swsst%
| fbiacelp6is my parish The parish Of All Ssises.
| Mo, smepsips; on Apnl 20 msrris& William Peter
Como ly 10 Msrsar Mary Murphy that the erai-
rsl entry in tho psth register here; have privss
ult book In which tue name u Coaaolly alsne y
entered, also AOr 20, 1885, the indo, s-msat "a -
certificate 10 mine; The word Mary, which 10 ersssA,
s in my HAND wri ing; tie alteration Is right, Do asS
think the word April which 70 nght writes
BY me.
Cross. eI anned-The ink in which this esrt6eAts
10 Wi ten il evicently psle and the word "Aptil" b
in quite black ink; my memory Ia very good, bat -
have married many, would not be apt 70 rsoslcst
psrticuisr Parties ON have married.
Direct txswinstop-lgi s barely possible that may
have used different kine Of ink In making the stecs-
ton there difference in he shade Of tho lax 10 Ne
letter "P," and that ia the William Connolly On Ne
eldon IN EFT, bat il may be tha. it 10 csassd bye
heayir strike of sIen; should think it vac.
joseph Is. Sable, ssorn-I am the aoethessry q
the New York hos tsl; keep meteorological table,
take note of ban meter and ihermo neteS snd The
way the ~ipd blows three tmes day; on The lta Il
February 1885, hero was rain; have ssow nstel
since he 9th OF February; on The II b, rain oil deg
hi the 10Th the WIND norm e4sLi We
day was Ihursdsy.
Crsss-ex IN ned WAS not in the habit Of raisT
down il Wal sueet stage at that time, and 90 net
know VIE TER the stages had " SOP ct Nssssa street
Mr.. Cuttpg-l expo 9. to prove the rseords fjsAs-
melts ct Sy dney H. StuAr la favor OF ysseph L.
While for sges and costs filed Dec ~, 1884. cad
the execution issued in that judgment 70 ursed sy tie
tbenf 23d Feb, ls55, indorsed IL ratified Fee. a.
ls55. Aso the record Of q judgment reco erred by
Richard W. Horn and others against s. II. S,usr. Scr
slN - damages aud coats, filed 29th MARCH, 1855.
These documents The counsel said be wsud sffcr n
evidence would follow up BY proving the sssixn'
mtpt Of salary Of Judge Stua. In advance 10 stoure
tie csbts be owed.
Mr.. Brady objected TO the admission Of the prssf
proposed.
The cour, over ued the objection 10 which dcoisisa
the council for the defendant excepted.
mr.. Cuitrg here read the documents mentiensc1.
James Sp.irs, sworn-l am a mefc0antI ksov
SIDNEY II. Stuart by sight, held assign neat a
bis salsry in vance; il paid 10 me- sfsr 10
pad TO il was returned 10 the conIolerl this
about the fourth Of July, 1855; | held an srdss fse
els bit hunt red and seventy five dollars OF hs sssrys
l. wa, for an order discounted the order wa sivsa ~
Judge LothIop.
Mr.. soueh objected to the whole of the testimony
OF this witt ess.
Milte Arrowsmiih-l have been paying teller Of IL
S4smen's hank for savings since Sep ember, 1888
Mars aret NJ. Duyal has had ana nog nas "a account
wi h the bark; in this psss boz now shown me ars
or nal entries; the bank debts aIe Ia the hsAdwrdng
Of the ciyDg teller; the crect entries are in mne
Mr. Cutting here read ftom the book under the dsee
of Feb Is re payment of i've hundred dollss 70 Mr..
Duvdl.
Cross. exam ed know this depositor by sight
do not know abe has than account ct We
bank; 1 think Ia the book she gave her nswo %
wIdow, and think rs the widow of VIM Dave, She
has always had money in bank from the data OF tss
first eLiry; | do not know Of her haviog any esher
account in the bark than u IL one; by exam'na non,
find hat Mag,ret NJ Duval came In person On the
l5h Of +. biusry and d, ew five hundred dollars.
James Tin son, sworn--i am auoi or In the con-
fha nrde IL
handwriting of ydney H. Stuart IL presented fer
payment about the lst Of Juyi i was pressutsS ~
Mr. Stes; it wa indOTsed by Mr.. Lathrop. Nc.
Cutting here read the document in question. 1t was a
Order for the psyuen Of eight bundled and seventy
FIVE dollss one quarters salary, to the order Of NJ.
Latbrop, ard signed by Judge Stuart Toe salary
Judge stu.r's order; the salary due Dot. was paA
| to Harvey Hart On Judge Suarts order.
| Mr Cutting announced that the prosecution would
| here rest their case.
would OF make a. opening but be would submit ~
matter Of law thai this Indictment agai; st the de-
| feLdsnt lad not in view of tie Testimony IN
this case been sustained. He should pre-
sent u at The Indictment had been disprsved Ae-
riding 20 the statute Of 1883, man TO be smenabl0
TO the law must employ bis ebictai action, ioaueaced
by a corrupt motive. TO be sI,ensbe He cOnteodsd
also that there ~as law by wbi ia man could BE-
convicted OF thing not perfected In al Indictment
cbarsing him with q thing perfected. man might b
ment charging bin with q thug consum mated.
II the ncictnt meant any thing it mes that Judge
S'usr Lad received bribe and received 1t in bis
oeiai capacity, and In consideration thereof that be.
IL BIZ cfefai capacity did bis Influence to procure
this Hoie proseqni 1t vas proven coDcasvsly that
n0le proS,qui never enered In tn, case Of VIII
lie Corg rove that the nd indicn en-, 40
tolu.e Iulhy, and that no court OF Sessions OF any
intelligence could refuse TO that tho second noiet
ment was found while the 6rt was pending.
Mr.. Cutting Con ended that there had been q legM
noHe prO"qui enteied.
Mr.. Bracy announced that he should proceed 10
offer tie CIV depte for the defense. lie called Mr..
CuttiuZ for the notes taken by Mr. Hall Of Ms. Coo
Loly o wi, fpce before the grand Jury.
Mr.. Cutting said 10 had DO such notes, but Mr..
Hal in bis Office and could be called II it was
detire
Mr.. Brady said that Mr. Hall had on . previous
&C ion given him bis soes taken In the grad
II e evidence IN the care.
Mr.. Cutting sac that Mr.. Hs had related TO him,
rome days sftsr Il evidence was given before the
grand jury, ke had written from recollection the sab
suInsd wss the same which Mr.. Hall had loaned 70
Dir Brady.
Mr. Brsdy ,aid that when the docu nent was given
hip thtre sucb qualification made A. are
referred 10, but II ass given him "a tue notes takea In
the Lson Of the witness btrore tds grand Jury.
Mr. Cutting SAID that In any event notes whica hex
been taken AID not read to The witness ceus not be
evidence.
Mr. Brady ssii If Mr.. Hall would say that the note.
were written ubs quent TO the eKaniL alton no would
show mole from Hall stating The contrary.
Mr. Brady 1eD called james CLARK ~ q witness.
who on being sworn, deposed:
rose in court to day when Mr. Cutting spoke 10
me- / offered him payer; l never spoke 10 Judge
S usIt until within tn days or two weeks have
seen him in court and out Of court.
CrCss exsnined-I No u ated by the side Of Judge
Stuart o. Friday am The person mentioned a. having
b. en- It'll Co.'S rove 10 rhe New-Yo hotel burglary
\ ftff ..cd fnk hur .lsru aA