The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-15

the sn ao o, State the residue Of ,Pt thu uss co
| vcrsatton2 ~ w.
objectedto as not proceeding from the cross examin
ton question varied TO restrict il TO the
| date. '
. Witness--Ihere was nothing ss,d further ~ to til
time OF the entry knew IL was entered and il was
consequence of some which passed bet
Mr. Hall and me that together into the clerk,
ohee i,a ad who, no, ask \. Mr. Hall about the date
and not pressed.)
q Az to the mortgage you spoke Of have you seen ii
bave recollection Of having seen It. WITNESS cor
rectipg himse)-I am mistaken did see the mortgage
my knowledge on the subject Of the 81 900 is derive,
from ipformstion did not any money paid myself
my understanding or money which passed from
Mrs Connolly to frink whether II at the actual m
bsil was given or Immediately after cannot tell but Il
was about that time; know that bench warrant agans
Cagrove was placed In the hands Of two different oicer
afsr the recognizsnce forfeited Mr. Frnk made very
bonds.
Mr. Brady called the attention of the jury to the fact
thi-
5000 to answer.
Committed 9Th.
Witness-Till the has passed the Court OF Ses-
sions the magistrate has full control as To bail he then
ceases To have there must have been in the either
notice to the District Attorney waiver Of the
uce; my visit to Stuarts house after the indct-
ment was found must have Informed Judge Stuart that
the District Attorney consented to 81, 600 bail.
commits in default ball. to give notice to the District
Attorney has either do that get waiver
the notice and 20 before the magistrate.
suppose as In This case the 9Th Of April before
Indictment the magistrate admits bail for 81 OOO the
prisoner IL I'm close custody the 18th Indictment
is fcund and the I'D he finds ball. what il the prac-
tcer A. Ihepractce Is to before the court and give
bail unless the District Attorney gives waiver the
notice and allows the bail to be taken before the mags-
uate
VIM. George Flder next placed upon the stand
Mr. stoughton, on the part of the defence argued that
instead Of going ping up corroboratve tesi
mony on unimportant points. Judge Roosevelt held 10
his former decision that IL matter for the discre
ion OF the prosecuting counsel what order he observed
in the case
Wness-AIy present occupation is nothing; my las,
occupation was police officer attached to the Court o
Sessions Mr. woolridge was the special officer Of the
Recorder; WIS the special ocer OF Justice Stuart my
Office while not in the Court Of Sessions the Office
stuarts court from the 23d of May 1853 while Judge
Stuart P6fce Justice in the Jefferson market Police
Court remained there till the 10th of January, 1856
when ] was transferred to the Court OF Sessions,
and got the privilege Of attending Judge Stuart's
Office; know Judge Stuart since 1850; / have
been connected with the Police Department from
9Th December, l6&9; Judge Stuart was then Police
Clerk; know Mrs Connolly, but did know her by
that name iii was detailed TO the Court Of Sessions
asceraned from Judge Stuart that that her by
his seneing me on message 10 her; tina. litde
while after had been detailed TO the Court Of Sessions
POSSIBLY four or Aye weeks.
q. Tell the Jury what the message was that judge
Stuart sent you with 10 Mrs Connolly a. Judge stuart
told me he wished me to go errand for him; ask
ed him what it was; he said he wished to 20 Mrs
Connolly in street, street norih of Jay Hud.
son. he told he number was IL IA or TO- ere
bouts he said there was some
by the bail about her husband and that he wanted Mrs
Connolly 10 fulfil promise that she had made to him.
that Mrs Conroy had promis to fetch her husband N
whenever the Judge wanted her to, he told TO say
Mrs Connolly that the bail making disturbance
and tlat she lad promised to fetch her HUSBAND in and
that he had bee nae naied started 20 ~ over there
and bad difficulty in finding the place cid find H.
the number about IL or 20 or ~ did not Ind Mrs
Cornolly.
The witness here stated 10 tho Court ha, he was un
tandd nj. IN Wlir
would criminate him. Mr. Cutting replied that he did
not mean 10 put any question the witness which would
at all have effect upon the Indictment aginst him
that IL upon totally different subject, with
totally different parties, and having no connection
whatever with this
q. Not having found Mrs. Connolly, what did you then
do? Collected to. Objection overrufed, ond exception
taken) A. saw LADY who said she the sisse-
q. lid you afterwards report To Judge Stuart wha
you had dopeS A. might have told him that delivered
the message, something of that kind, hut have no
recollection of II have distinct recollection thai
spoke 20 him afterwards the subject Of the nesge
my best impression IL that told Judge stuart that hig
seen Nrs Huvas sister-I do not know her name-and
that Lad told her TO telegraph.
Mr. Burced counsel Tor the witness Elder addressed
the Court by permission Of counsel both sides, aud
stated that no express implied undertaking had
been given the part Of the people that he would be
protected secured from any consequences which might
result from his examination fencing 10 endce himself
when he is put trial and he insisted that fairness
qured that the iat, of the State should be pledged TO
bin that nothing which he might disclose his cxami
prosecutor
Mr. Brady, on the part of the defence had no osjcc-
ton TO he witness being examined in the fullest manner
Mr Cutting had no authority to make any bargain
about but the statute of 1865 proside that testimony
50 given shall not be ose in any prosecution against the
person tesiiying He assured tho Court that the in
dictm, nj against kder had nothing to do directly In
directly with this pro secution.
Judge Rooscvs inmated II Mt i that So there
could be no question In the matter.
Mr. Bustecd mace another argument 10 the court, y
she~ that no witness Is Obliged 10 answer any question
which may tend TO cIimnate himself in regard to Al
matter thing matter how distant from tine par ticu
lar Judicial proceeding under whi III he examined
Judge koofcvet decided that II the witness in
volved In any prosecution under the Of 1855 his to-
msny could not be- by the terms Of that act used
him and he supposed that general Foe, tho
aith c the State was pledged that no testimony given
witness in a criminal should be used agains;
hnssf
Examination resumed--l told Judge stuart that told
MrF. buyapp sister 10 telegraph Mrs. Connolly at Troy
TO 10 this city: the Judge made remark which
did not Ike aud walked away from him; 1t was 70 the
efecr-vhy did he not do he had tsi me he did not
at any time tell 70 10 Mrs Connollys sister and
tell her not to telegraph knew that Mrs. Connolly
Mrs Duval because knew IL the BAH u fripk,
whom had about the ofice; I knew Mrs Duval
think have her call on Judge stuart or
twice; sve seen her In the Office down stairs mum
her Of tme,-possiby hall dozen times for the first
time very shortly after detailed the Court o
sessions u ir possibly two months ago since her
there for the last time her anywhere elsc
than IN Judge Siuarts Office; present At one
maybe two conversations. where she down salt
ing for the Jndgc and Wien hc came IN they commenced
talk together.
q Where did they generally converse togeher-in the
room where yoa we're, in the room where you were
nats A. II Judge Stuart not there and ! wa
would ssk her ~ tske scat and II any lawyers 9th
In would ask her any other lady, 10 go into
the ide private room, when Judge stuart came in
would tell him lady inside waiting 10 him, and
lie would hang up his hat and coat aud 20 In.
q. When he vent in to Mrs. Connolly, did you ever
hear on any occasion the roDvrrtaton which took place
between thcmf A. Never air how long they remained
together could pot tell; cannot my how long they
talked The occasion referred T. having heard them
conycrsrF
q. BY what name aid Judge stuart call her when he
met her A. never heard him call her by any
name: he merely said how do you do X
q. no recoIee, what ssid in that conversation
A. rccollect ething of a. It In the morning
about 10 O'Clock In February March April Mrs Con
molly Mrs. buvs-as then knew ber-was speaking
The Judge ABOUT hes husband stating that Ahe wnntc
the matter fixed and the Judge told her he had better
in snd be tried she said he dia he would have 4
Re locked up In Trison and he cky and had tn,
consumption, Il would kin him; also that he wanted
reform and become good man, and go into tie market
and deal la butter eggs ash and forth, commission
his happened In the office down stairs that Il the sub
stance Of all hat remember she Into Sire ofee
the cher side of the road within two three months
heard her "a Mr. stuart that she had called NJ