New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-21

hcplaTs OF the IN efview-fs strong II not co 1ein-iVe
proof uJGer biz orn hsnd that on tae l7ih II no.
on the 19.h, Judge Su.rt acting in his official char
aoier, gave 10 Mo. Connolly, or 70 her Husband,
WDhtm Connolly tsq, formal certificate tna. the
indiciGept against William Connolly was dschsrged,
and The complaint dismissed, &c.
This Certificate, if given, as alleged By Ms. Coz
boy on The Nth, "as In every sense uttr1e ana ne
fslsity in that event wo1'd throw strong hight on
Other parts OF The Thre Is no pre;ensa a. any
bole picsequi, regular or ir egular, whether Ia tle
name OF Connolly or Of CJsgOVe, had been ent@fed
before the l9ib The 10 of MIR. Hall, and the tes-
mony Of Hall, Vancervoort SPARKS AMI Smith, az
well ar the records Of Inc court perfect cloui Of
witbo sses-Dut this point beyond dispute. Msy Ne
lot suppote hoseSer-an1 in ,hst wsyireconciIe the
seeming coDtracictio1-:hst Judge Stuart ia fac.
wrote ard delivered the ccrf ,a.e on the eve lipg OF
was Eon6ay, under the full sssufance, not ex-
plsioe'l 10 Mrs. Connolly, tba. it's co1sats,
ntk opgh rot true when written, wolid be
tue when dated Certain 1t is that on Mon.
day be exeTted hin self-snd in = manner nei.h-r
usual nor res uiaf-to make the Certificate true.
Instead Of waiting, ar already observed, i5r
Tie District attorney to sex me cave OF me court ne
IN eject re es,iog the court; assed leave Of the dis
rict then induced the clerk % cake the
entry without proper authority, and 10 make sad GER
tf, copy ss Of complete and perfec, recor1 when
be knew that il OF complste, and that ne district
storr ey at That time h41 no luten Io7 OF making
So He lad obtained be anew, from the dstrc- e.tor-
nfy, { written sent for the discharge o! Villa N
Connolly, person whose ofeDse he Represented to be
OF q CONF ara i've UUllL
j, 10 Tie d. char, OF William Cosgrove whose
he had oep ;ased over with tie oisrc'-sttornsy rs
that Of glorious off nder, and the evidence OF which
when "a ssed upon by himself ss pocs justice he had
pros ounced 20 strong and OF so aggravated aeacer
as almost to warrant decia OF al pal, sud whose
security when allowed he al ifo IL az iEh ashVe,
ard even on second application ba iefusei toreduce
below three thOus AID dollars. Whsn, therefore he
erected the eek TO make an entry dischsrgog
William Ccsgrovs be bad no warrant IN the
district attorney either in fact 10 intent for saying
that il was an order made on the oistn t'>tofney
no!ion. Tie eItIy was uDIue, bo'Q ~ e.te' AMI 10
spii and j. Naturally sugs ess toe lGquiry Why ~nen
the Clerk called the judges attention t. the important
Circumstance that ar. III sill note wal Tor william
Connolly, and not for William Cog owe wsI not thu
entry suspended until Mr Has re urn, the next morn
ing. or ii sde Why al less was not he issu ~ OF
cel tilted copy suspended, for fsg hours uotl Mr.
Hall could be cSnsulted7 And w1v, when Issued,
was it taken by the judge himse and by bin, or oy
bic agency, Immediately transmitted TO Connollys
wife, instead Of being returned ds promised, to Mr.
Hall And Why, when spoken 20 on the subjAc' by
Recorder Smith, at the Instance OF fntk, the bail,
on ire 2lst or 22d Only two, or, a. the utmost,
three days aftr the occurrence dld he say that DO
such proceeding had been or would be taken And
why further when Mr.. Smith, hsviny asceftained the
revere 10 be true confronted him with the contradc
ton cid be not give some satisfactory explanation OF
the transaction, # any could be given!
You will observe that neither Mr.. Ii nor MIR. Smith,
C., this time knew anything of the alleged bHbe, If
there had been any accepted or rendered All they
knew was that ;be party indicted was on the evidence
burglar of ordinary character and that his indict
ment had been discharged by the judge ia extraor
binary manner. Under the circumstances, these gen.
temen would naturally expect explanation, and an
EXPLANATION if possi bic would naurslly be given %
them If their testimony is believed none was given.
On the contrary, so dissatisfied they, for the
want of explanation that instead Of scquiescipg in
the oschsree OK the party, they or one OF them in
few days after caused new indictment TO be found
against him aud a new bench warrant 70 be Issued,
followed ultimately by criminal prosecution agans.
the Judge himself.
But the sction of the Judge in Mrs. Connolly's
behalf old not terminate it is said with the entry of
the MOL pros. lie made efforts subsequently, if her
to be believed, to nufy in effect the new
Indictment, thus cOrrob0ratiog 1t Is said the truth OF
the charge of corrupt motive.
TbeIew indictment was in March last That she
had interviews with the judge after thai date is proved
by several witnesseseepecisy by Elder his con6den
tal officer The nature of thoee interviews however
depe nds mainly on her testimony. IL che is TO be be-
ieyed their object wac in the absence of material wit
reeses, TO bring about trial on the new Indictment
and thus in fraud of the law TO procure verdict OF
acqultta as substitute for the nOlle prosequ' which
lad been nulied it was supposed, by the new indlc-
nent.
will not detain you, gentlemen, by recapiulating
the TESTIMONY this point will barely observe that
il il only important and indeed only admissible, as
throw ing light on the probability Of the main charge
hat Of briOtrya charge the direct proof of which,
it will be remembered 90 far Is the alleged tender AMI
ptarce OF the money are concerted TESS e1cu-
tyely on the statement of the witLess Connolly. She
alone she says, present when the deed was done,
and 70 other witness therefore, could have testified
or has pretended to testify, to the interview whIch
then took pace. The is laid, according TO her
account OF it, in the Judges private apartment al
tached 10 his public office which, in the month of
February ast was in this building.
Assuming that iuterview-and there would be
nothing wrong or unusual in mere interview-acu
ally occurred at the time and place specified, we are
Lot to iLquire-an inquiry which has in part been
answered sIeady-What are the probabilities or i'm.
ol,o1; with IF tho of AZ
ment
A woman, however intelligelt-and her intelligence
rather aggravaes the obiecton-who for years has
been the companion OF thieves and prostitutes who in
effect avows that che gives fase answers when not
under oath to questions which she conceves her inter
Iogaors have no light TO put and who, although
sworn to tell the truth is ashying under the influence
of promised discharge to her husband from the pen:
alties of an aggravated burgary-such witness,
say, is obnoxious 20 the severest criticism and her
oab I'll less strongly corrobo aed, to an ofense in
which she confessedly participant, is hardly OF
itself sufficient basis for conviction.
These coroborating circumstances are numerous
and some of them imposing. They have been de-
tailed 10 you in the evidence partly OF the woman
herself az partly of other Witnesses and have been
placed before You ags sin with great cearness aud so
ity though in opposite lights by the distinguished
couI sci Of both the people and the accused. You
viii weigh them carefully, without preJucice on the
one hand, fear on The other. IL your province
pIelogaiive With which the law and tie Constitu-
tion invest you-to determine whether the accused
is guilty not guilty and i, is your duty, on your
oats, yielding neither 10 clauor nor sympathy, TO
give true verdict according to the evidence, and to
give il also so matters of fac are concerned on
our own Independent judgment, unnfuenced, II you
deem il proper, 10y any suggestions. ore way or tie
other, which may have fallen from the bench.
The jury then retired. At 1850 p m they returned
into co.r. ard rendered verde: of Not guilty"
The announcement Of the verdict was followed by
mantle stations Of applause, which, however, were
Suppressed by the officers. The foreman Of the jury