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

that he had not been able to do anything for her that
at the JUDGES house, Now Knight we'll remark, here
gentlemen that it Isl well established maxim Of the law,
and which will not fail TO commend itself to your
good sense that testimony OF conversation especially
when there il other person present. and more espe
oiay when the character witness is not free from
blsme and is party to the transaction must be re-
ceived with great caution The statute Of 1858 has in
express terms made the testimony Of ,ompce
only admissible but compulsory. person refusing to
testify may be sent to prison and kept there 1t Is
pretty rigorous act Such testimony is to be believed
not believed, however from ts intrinsic credibiity
incret biity from tine corroborave or
circumstances, and is not to be dsbelieved merely
h mat !, comes from the up 81 Harps erninis
we now proceed to the important interview Of the parties
on Feb H. 1855 of which Mrs. Connolly gives you sub
stantialy The following version
He told there had been prosequ entered but he
bad to bring " The and a he r mould write me
s he % n he in H s es %
mistake u ihs das and II he he had WIN Gonnos.
sell. s s % ss; ss ' !. s% IL.
a % ss %s aa he date Tn
lance q but folded up and put 4 in ny pocket for
nj night, for 1t was after II when got home.
There preence but that this certificate is genuine
There is doubt of its being in the handwriting of the
defendant Here then, is fact not pretended to be
troverted The paper is in these words-
o G,1Y AND ND Coz CoUS St or New YonK.
This to certify that on the motion he District Attorney
OF said city and county MOLE prosqa this day ordered
peace and for he city county il Tie q
en and ns Inc Compliant sn Cuna
and preferred agans. him in the month Of april 1883
00'D0' 0'a's criminal 0'''' s. H. STUART City Judge
night The the back of the envelope is
'Willaul Connolly. Esq" The error in the date
this he had dated 1T on The 10TH whereas it the
18th. The witness says
This paper took off with me and gave n IN INV
here was an error IA the date Of The paper the well
attention to that .hea hs said made no 's
fer s % So s but
not spoken to Hall about that day, but that right;
q n? Ssasf S e.
@ w1ud call on Monday but did not wssae
so many people in the office had given him the address Of
70 'ad the s ns might which sound
Worcester, otsego county; he said he would do SO.
Here then whatever may said Of the other particulars
his hand that the 17th If not the 10th, Judge
Stuart in his official capacity gave to Mrs Connolly to
against VIM Connolly was discharged and the complaint
dismissed. This certificate given the 18th, in
throw strong light other points in the There
no pretence that any oe osel regular or Irregular
cloud Of witnesses and the record of the Court put this
poin,.beyonddspute Maylwe not suppose however, and
In that way reconcile the seeming contradiction that
Judge Stuart in fact wrote and delivered the certificate
the 17h in the full that it's contents though
not true when written, would he true when dated,
principle which lawyers know nnc pro tune! Ger
tain 1t is that on Monday he exerted himself and in
manner neither usual regular to make the certificate
true Instead Of waiting for the District Attorney to ask
leave OF the Court he the Court asked the leave Of the
District Attorney to have this olle r0seq entered. Hs
procured note from the District Attorney to John
Spakand got the certificate of entering from the clerk
He ha6 obtained he knew from the District Attorney,
written consent for the discharge of VIM Connolly,
person whore offence he TO be OF compare
lively insignificant character and had applied 1t to the
of VIM Cosgove Of which he had often spoken
to The District Attorney and which he had considered Of
so greyous character that he had practically almost
refused bail When. therefore, he directed the clerk to
make entry of the discharge of VIM Cosgrove he had
in intent in saying that he had made the order at the
motion Of the District Attorney The important dis
crepancy between the names was remarked to him by
Mr. Nanderv0ort but he said 1t oil right Why was
not the order suspended till the return of Mr. Hall to
the tfce, next morning? why, at least, not the
why when issued taken by the Judge hi nscf and
transmitted TO Connolly, instead of being returned, as
wards tell Recorder Smith that no such proceeding
had been would be iakenf And why, further, when
Mr. Smith confronted him this subject, did he not
give satisfactory explanation ifany could he given
Neither MIR. Hall nor Mr.. Smith knew anything at this
time Of the alleged bribe being paid. All they knew
that the indictment against Cosgrovc dismissed in
extraordinary manner. No explanation was given OF
it by Judge Stuart On the contrary you will recollect
so dissatisfied were they for the want Of explanation
that instead Of acnuiescinp in the discharge OF tae con-
plant they, one of them in few days afterwards
caused Indictment to be found against Connolly
ment to be found against the Judge himself But the
Of the Judge did not it said end here but were
continued thwart the of the indictment.
But Mrs. Connolly had many interviews with the Judge
after that date is proved by several witnesses, pati-
cuaIly by Elder his confidential officer. wilt not deain
yeu gentlemen, at this late hour, by recapiiuatng the
testimony on this point will barely observe that
it + only importantly and indeed only admissaois.
charge against Judge Stuart The scene laid accord
ing 10 her account in the Judges private apartment,
attached to his public Office. Assuming that inter
view actually occurred at the time and place spe iel,
have next to inquire what the probabilities
improbabilos the truth OF the OF her statement
woman, however intelligent who for years has been
the companion Of thieves and prostitutes, who gives
false to questions which she deems counsel have
the light put is obnoxious TO the severes criti
csm and her evidence il hardly Of itself sufficient basis
for nvicton, without corroboratve circumsnnces
The hour II late gentlemen that shall not through
these hogs in detail These corrobatory circumstance
will therefore observe are numerous and some of them
imposing They have been Diet He'd to you by TIE evil
dence and have been clearly laid before you by the dis
tipguished counsel, both for the prosecution and
fully, gentlemen, without prejudice the
hand lear the other. II is your province to
determine whether the accused is guilty not guilty
and il your duty your oaths yielding neither To
caDor sympathy to give true verdict according to
the evidence and to give 1t also own independent
Judgments ana uninuenced II you deem proper by any
suggestions way the other, which may have fall
In from the bench.
The jury then a. 10 O'Clock r. NJ retired the court
room being all the time, up to this late hour crowded
with specaio
ACQUITTAL OF JUDGE STUART.
At quarter to IL P. NJ, the jury came into court
when the interest and excitement Of all present to
eliminating point The jury took their seats, and Mr.
Wander wort, the Clerk called their Having
swered to their names, the Clerk asked
Gentlcmen-Have you agreed to your verdi,t
The FoREMAN-We have.
The CIrRE-How say you, gentlemen, is sydney II.
Stuart guilty not guilty
The FoRrwAS-Not guilty.
Here there was applause in the court which
promptly suppressed by the officers.
The FoRtNAS--we have a recommendation. Shall we
hand IT to you (Mr. Cutting or to the CourtS
Mr.. CuTrNG-1he Court.
Judge ROOSEVELT (after perusng the paper)-The jury,
in addition 10 their verdict, make the following
mendaton:-
The jury unanimously Of opinion that in the entry
of the no proeqi BY the City Judge he has been guilty
Of irregularities, and II is the unanimous recommends
,i,u Of the Jury that Judge Stuart resign.