The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-21

that Counsel again referred to the interview IN the Re
order's Office and suggested that Mrs. Connolly had in
tnsted that her husband could give evidence in this
case But, said be when the husband Connolly, came
then he was thrown out with promise that he should
not be tried il his wife would tell effective story
.sd we have had the ~oman on the stand to convict
Judge and to .s sacrifice her paramoar, a thief
aspect Of this case There was udge-Reoorder smith
himef Interested in the case in the Star Chamber,
cfety lsbong for the ruin Of his fellow judge In that
ssme judge the political opponent If the accused and
ooe who II is well known sat in the Board of Police
Commissioners in opposition 10 Judge Stuart and in
iurcton with Mayor. Besides him, there was Dis
tnct Attorney who imagined he had been injured and
thief and the paramour Of half dozen thieves all meet
ing together in secret and struggling for the conviction
Of an honest Judge and OF noted villain. Such the
lion to Re hoped Would never he made against tbs
vilest person In The community. Here was woman
known to be th,e and prostitute coming upon the
the principal offender She offered the brbe-and that
alone constitutes her accomplish. Counsel descanted
upon the sort OF corroborave evidence sought to be
given In this case by the production of her bank book
and showed how unworthy an attsmpt it was, He
been drawn three months before-on the 9Th Of
November, and suggested that that fact mgat with as
port charge which might have been made agains the
Recorder Sill less worthy, and contemplate
cuon in the case by the proof Judge Stuart was u
adverse pecuniary crcumstances He thought, or took
for that there W no thirst for blood here that
bat he thought the gentleman Mr. Cuttings) concep
tions OF professional cues in cetmna cases was some
what distracted by bis practice in criminal In
conclusion he intimsted that he would surprised
the jury should manifest their appreciation of this
mans testimony, by returning verdict of acquttal
without leaving their box,
The learned counsel sat down. overcome by his emo
ton.
The Court then took for fifteen minutes and
Ie-assembled at qus rter past O'Clock, when
prosecution. AfJlln eloquent exordium, ia which he
escanted en- the danger republican institutions flow
ing judicial and oci, corruption, he continued
bring out in bold relief the
OF The evidence in the case
THE JUDGES CHARGE.
Judge Roosevelt then proceeded, amid the deepest at
teution, to charge the jury He sadThs case gentle
men, believe is the first of its kind In judi ,al an
lated instance of the bribery of ord Chancellor Bacon
he confessed the offence and gnomniou sly dismissed
from efhce and branded, you may recoect with the
The greatest, wises and meanes of mankind.
The crime which Bacon confessed is imputed to, but
stenuousy denied by, the defendant trial. aud it
viii be for you, gentlemen after what you have heard
and after the few observations which shall proceed
make you say whether the impu tation- grave
and solemn must all admit ii to be--is l. not
well founded Some time in the spring of 1858, man
whose real name was Connolly but who chose to assume
der the latter Tor burglary committed in the New
York Hotel About two years afterwards without trial
OF punishment, the prosecution of the trial discon
tinued supposed 10 be- by an entry in the records
Of the Court Of Sessions not made by leave of the Court
st the instance OF the District Attorney but ut the in
the Court by the leave of the District Attorney
And the allegation Is, that the entry made
result corrupt understanding between the Judge
and the wife of the person charged In other words it
alleged that brite q $780, paid to and accepted by
Judge Stuart, the motive influencing the act The
case the efoIe presents two leading points Of inquiry
trs-was there in point OF fact any such proceeding
And second-what If TO- was its object and intentf
sha consider first the evidence Of nteut for the obvious
reason that, unless corrupt intention shown the
charge Of receiving bride cannot the other evidence
in the be sustained Intent if unlawful is seldom
avowed. 1t ia deduced from conditions and crcum
stances, frcm acts which speak sometimes obviously
sometimes clearly and sometimes louder than words
Al
deaneaed in the evidence before us, taking them
spd nA ooynectan as %s 01 oEa
30 the benefit Of every reasonable doubt Let us see
lead In the year 1847 and down to the LIST January
last the present City Judge trial. connected
with the police OF the city having at time the juris
diction OF examining and committing magistrate. come
years before 1877, there were two young women-the
The younger Elizabeth now Mrs. Fish-residng with
their mother and brother in the county of 0scgo The
elder subsequently known Mrs Ascensio then a.
MRS. Duyai-an assumed name--ard now as Mrs Con-
nelly came to this city in OK about the year 1887 Her
sga vas Then about eighteen Her manntr Of life unless
dwell on After having lived here twelve years. she had
&C ,se roa, sppes5s t. go to the police Office
d.tendant now before W, and that the occasion
co shieh .he says he first made her acquaintance 1t
afterwards, in the same year, she moved to Church
street. and there the defendant, she says visited her
house In the following year 1875, married she
sysynd her sister who attended the idug confirms
che ststemen'-toa Spanard Cuban, OF the Of
Ascensc This the first time we are introduced 10 her
married woman de jure II de faco Their CON
ruba felicity Of short duration in two days after
their ilstarred union he in fit of jealousy attacked
her life and she in terror fec to the police magistrate
sor protection, where she saw the City Judge On
her cornpisiht warrant OF commitment was issued
against the violent groom who some time after
mec to prison and after time being released he
let The country Cuba, where 1t is said died. From
Church street Mrs. Ascenso Mrs Duval, removed to
LAurens thence Wooster street both places
alleged the defendant in the habit Of visiting her.
20 that all the time when the alleged bribery, if at ALL
consummated, during the acquaintance which
Of seven eight ears sandng ,at,
although open to criticism lawful and proper
acquaintance and that of the objects of the defend
ant in his visits to induce this woman to lead diff
the intimacy Of the parties was inadmissSIe This is
not an action for civorce and the defendant is net
a o g amy be as
ther that the 18th February 1855, the two alleged
Y this as. Of bribery wse intimate NTH each W
viii nd period OF about two years, to the
f1rm by dsmissh sham trial the great object O
the anxiety Of both parties In April 1858, MS Duva
was living with a man whose character Is SUN
GENTLY apparent of the name Of William Connolly
Part Of the evidence calls him her man.
What they by that do not exactly know Tits man,
when arrested gave his name as William Cosgrove, and
was carried TO the jefferson Market station. TIE magis
tste at first deemipg the case to be one OF very ag
actual custody and to allow no bail. Being pressed how
ever by the counsel of Connolly he consented to admit
him IN nail Gxino the sum al So OOO an which
was found mpessble or announcement to procure; and
this bail ugh much reduced after wards retained
Mt sum OF s. 600 This evidence Ia of further i'm
porance than showing the ofcalas well individual
opac at that time by the City Judge Of the
criminal for whose release he afterwards, said,
eyinced 30 much solicude And the Grand jury seems
TO coincide In opinion with the City Judge The Grand
Jury promptly formed and returned the bill of indicme
and the Sd q May following and again on the 18th,
the case vas called for trial before the General SEES
sions when the party indicted failing TO appear,
bench warrant issued against him aud judgment o.
forfeiture pronounced on the bonds The cul-
prit il appears he liberated on bail, bad
left the State his female friend the widow Duval or A.
censio by previous understanding In few days after
wards met him in Philadelphia. very curious under
stancng there Is there On the 2sth Of April 1888 the
impeilment 70 legal union being now removed by The
Death Of Ascenso the parties legally married to each
other She returned the night to New York leaving
her indicted husband, as matter OF precauton out OF
this state There was some criticism, gentlemen as
that certificate OF marriage but II appeared to me
perfectly plain. At all events there is no doubt as to the