The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-14

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q ON the reccgnzance being forfeited bench warrant
wa ssuedf A. Yes ir; believe IL passed to the hands
OF obcer fowyer officer spcer also had at time;
,osgoe Was never 10 my knowledge taken on that war
| iani; II was returned by Mr.. Eowycr.
witness 10 SIR Brady)-I nj, locking al 4 memo
randu on he back Of the indictment that the tai
| Thursday.
Q. state 10 the ceur. and jury whether duriug he
February term Of the Court of Sessions OF 1855 Judge
Stuo called a. your Office aud on what business A..
Juege S,uaI called a. my Office tue 18th doy Of Ie
Iraiy a his year,he laird MOI day Of tc,n-about .
o'coek III tie Afternoon jGst the Court of Sessions
adjourned or shortly before had not been ia court
Mat day; Mr. sedgwi,k conducted the business; City
Judge stuar came into my private office where was
alone, The ate writing we ced 10 talk
about he II isveioy for which was preparing
points 10 le agued On tie following Thursaay in the
General Il ~ ct he supreme Court and when it was
argued wheih'r We spoke Of other matters than the
PeNe'ty case cannot remember; there may have been
convesanon about her incidental matters; Justice
suar' wa sitting or the sofa; had been writing
wei IS talking With him; he then said, can
or w" atel ~ard--" Hall want you to enter aoitc
1fos fo who has been indicted two taree years
sgop either asked him the reason and he ssidor he
answered without my askipgthat il was case where
witnesses hOa al elt The city could not be found
ana that 'he man had promised was determined to
LEAD m honest life asked him II he thought IL fit
case for mile Yroqaa he SAID he did told him
wouid come into court and see about III he said ~ see
!on are very busy or words 10 that effect Just give
I'M "S wa N'-''s
q. Who is J,bns A. BY the word John unde rstood
mysel' have been in the habit Of calling him by his
hrst name; b. has been attached to the for long
Time then ssLed The City Judge the o. the
for WHOM be wanted he nole presg, he gave me the
Isme of VIM. coonoy; did not recognise the name Of
VIM tonno'ly; never had heard IL before.
y lie 80 an him waen it was A Nhat that .ine;
took piece OF noe paper and commenced to write; he
hs @ o or as n1,e William yfans aGo
asked HIM WI at month the indictment found 10 30
that lie clerk might find it, they filed by months
he .aid " May lsh2' he afterwards read it over and
said :" may HI Nay, 1862 added the words in the
margin; he then LETT the with the note this was
about O'Clock.
Q id you into possession Of that note
again A. was shown it the next morning, and have
repeatedly seen sipcc that is the Witness read
"Nole 5rscquf az to William Connolly indicted somc
time about May 1852, MGy, 1858, by request Of Jutge
Mr. Cutting notified the court that the paper would De
considered a. r,at in evidence.
- When did you leave yoer office that day A. left
shortly after tlat vent TO my civil Office and did not
turn to my official Office that afternoon; have an i'm
preston hat ! went to the law library first
9 What occurred utxt morning A. was shown the
noicn tnt and the notc next morning " Mr. Wander
yOort, the CLERK was shown the indictment against
Nr Gosgove just as it is except hat my signature
was not then at The bottom oft. Tho note to Sparks
Has hen, now, pinned to the Indictment.
O. What occurred then? Conversation objected toll
Winess-l car state the acts which did. After
tin sign,d ny name The indictment having first
gone into the Clerks Office and looked the minutes.
q When Ills Indictment against Mr.. Cosgrove
produced TO you by Mr. sande WORT did you recognize
il the indictment against Mr.. Connolly? State the
conversation Question objected to ana admitted. FIX.
cSption takcn
u On the nlowing morning this note was brought to
your flee by Nh. Vanderyoorts A. II was.
0. state What TRANSFERRED between yourself and Mr..
Nandelvooi in reference 70 this note which You had de-
yeed - stuart and the oe proeqai referred to There
in lofjected TO- admit ed and exception taken A. He
brought this Indictment folded you have it, and said
leie i tie noicimen, W ich Judge Stuart wanted mol
Iaos ye.tciduy and he laid it the table, told him
he mistaken that tina, not the indictment; no
opencd II am showed me the note pinned fast to It. as Il
Is q
Place teW.,n himself and Judge Stuart; conversation
FUSED reiween us about w. Cosgtoye the discrepancy
II name was referi.d TO in connection With the inter
view which lie bad bad with the City Judge.
q. What was his application you. A. To comply
with he tems d ,he roe and sign the order for roll
Pros. which had been written | saw the minutes.
Minute. pioouced.)
O. Ate thee tie minutes which you that
sinnY A. Yes IN recognize II from the
| which iook ,lsce in ,eg.d to the ensures
Minutes OH, evidence and ohec cd to not being
yoofis. Mr. Brady argued against lts adlns sibity.
jude unGerstooo that enc Of the elements Of
the prosecution the irregularity the entry Of the
| nal, gros,ln
| ~ Brad Not at 81, sir.
Judge kooseN eThe offence is the corrupt intention
st,ndilg and ii MISTER whether the action
was seguiar % irregular.
Mr. Brady in order obsiate oihculty would ak SIr.
sll did he mace motion for aoe roseqai in the
Of VIM. Cosgrovey
Mr. Cutting opposed to this form OF cross exami-
sra,icnnr this time.
Ludgc k,oseve decided that counsel had right to
ark the proposed question before the minutes put in
evidence.
M cutting adm tilted that no motion was made by the
let Attorney fer mite lrocqui in opeu court and
tho defence agreed 10 take that admissions far
a. il goes
Juuoc Roosevelt would assume that the entry was not
open court yet he would let the minute be
.ead Exception rahen
nr Dtad1 asked 10 permitted 70 question the Dis
iiC Attorney whether anything in relation to this entry
tocl uloce in open count
vi. Cutting objected Objection sustained and excep.
ticn taken.
The defence presented its Exception in form, which
was that they fIeed to show that motion
in court for leave 10 enter oe rcqa in the case o.
Wm Cosgiuve ana hat The Court gave tue District AT
tory tight to enter ao frorCqui And the defence
claimed examine the ~itne,s at this stage
that point.
VT. tuttng projected 70 read ne minutes, a. pub
Nsh,d in yesterdays HERALD.
q. What The fret that you ever heard or saw OF
that cfuy the minutes A. The following morning,
| on the 9th.
G. And in the case Of VIM Cusgrove, on the 18TH Ind
made motion TO hoe pro equ III coart or out oil
| courtr A. No,su