New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-14

etty OF Mr. Alexander johnson attempted 10 be cLea
awsy; spd he believes thst Il was 90 eoered oy WI
| / m Co<erove who was me, by Wh,ta.D conf ,g out;
Co,ovs ran but was csusht IN the entry sDd arrest
| es Anotber ote was Of NJ. Whitman who stated
| that Mr.. J.hnson took board there about u cooe
| evening apd ave him room on isorta story. ne
placed an named Ca 10 ~a'ch, a. several rooms
| bao previously ben catered aud robbed "ehs -
tea the fourth story bell rang, ano on mr. '" so'ox "
| Carr said be hsd observed peron tntef tue rooo
No 1874 On out stiODing fbe person thar heh 90 On.
ed the ~ rson sad be- had 10 see an ndivdua
resiorg there, and willing 10 10 to the ofie si1
| Mr. W On going Gown s'ars be rap and attemS .es
10 escay G, bu overskeo and srre-ted. Car also
testified 70 seerg Coegroye 20 in. IL was also shown
Ly oh er attic avs thai Mr.. Johnsons caTpeS bag eas
ben broken open and the contents scattered on TOP
| of be bed; also burglars ools found. Sc. The bad
| by Coeprove and Johu b. Frnk of Wake street. for
81 Oo0 as bail TO Cosgtove, taken 22d April, was sss
| Witpess-I do not recollect whether no, was
present when the amount OF bail VAS nxec think not;
| wss ACQUAINTED al hat tin with an officer named
George Elder: ibnk be officer OF the Sec nd
district co, IT. in which Justices uart and Nc 3rsth
| oficisted: Justice Mctirsth is deceased.
Crossexsu intd-Thibk Justice Stuart took no pass
| In the txumin siion.
| Mr. Brady read he examination of Cosgrove. He
stated thai be- was born in Ireland butcher by oocs
patton ano now resides in Ohio. Is not guilty OF the
charge.
| WItuess-There was no warrant Issued; Cosgrovs
was brought in BY an officer; Justice Stuart vac no
doubt H. the cot at the time OF taking the complaint
| but M ht no, have heard IL; the usual mode Is 70
| make out the papers and get the magistrate TO sxn
| thtm.
| TESTIMONY OF rHE DIsTRicT-ATroRSEf.
| A. Oakey Hall, sworn-Am district alto ney; beea
30 since ls Jan. last was previously ceputy OF Mr.
Blunt, district attorney am acquainted with Jas1ss
Stusrt; think inst becsne acquainted with him IN
| 1850 alb UT the time of the e, oton OF MIR. Blunt
have bad cfhcsl business wi judges be vas sworn
into flee ON lot Jan as city Judge; Mr Smith alec
con mer csd to act recorder in Jaauey be held tho
Janusry term OF the session. Judge Stuart held the
| February term.
NJ Cutting asked the witness TO state what occur
req between Linn and Judge :. on a particular occs'
sor. Mr. Brady objected as the proceeding 10 his
| case must be the same as In conspiracy. Fist shew
the conspiracy He said the oeie Sc have some nsnm
as well ss the prosecution and Gao claim thar the tee-
tinopy be brought in It's proper order. The mooe
| now pursued is deeply unjust toward the accused.
| The man alluded 90 is walking about the sfreets
of this city, an0 has BE- en-, anc the second indictments
| never tried-~by, it wi be stated by and by Mr..
Cutting rephec He said il is nece sary to show that
Justice Stuart commit ed an act by the influence OF
bnbe. ard II Ii Necessary TO commence al the De-
ginning of toe csss and to show that he made wrong
representations the cisti c, attorney. Mr. BRADY
sac the remarks in sivan e. were unjust to the 40
cused a. Showed the improperly OF admitting sucn
| testiu ony as is attempted, add the testimony, after
all will not bring any on our way IN f>c ~ 70 toe
real ob ct. of the trial. Ii is said that Judge Stuart
deceived the dis Ict attorney b, calling the man IN
Octed Connolly instead of Cosgrove while the former
was n a ly his name, and he was known Dy one p6me
as wei a. the other-aso that Juoge 5. caused the
polle prose aui be entered out of court No Judgo
could be tined for influencing district attorney
10 enter nole proseqni except Tor nisuemeanot'
| peJhhps. at common law.
The court said the mere paying of money to judge
is not wrong per the question IL, what was II
received for, and Il is proper that the mode OF snos-
ing that is within the discretion OF the counsel for
prosecution.
Witpees-I filled up the Indictment here shown my
sef it was during the time of Mr.. Blunt as distric-
attorney April Is, 1853. Mr. Cut'iag read the IN
=. -. uu1fh
the inc orsement H. in which Cosgroye pleaded NOT
gui,l The called on for trial 1874 May,
1858; there had been one postponement oy request
of urfel Mr.. Smith, affidavit OF Cossroye oy the
name of Cosprove Cosgrove failed TO make bis ap-
penrsnce the II b. and hs recogniZance was orieeo,
and y bench warrant Issued; 1t was gwen 10 oihHa
Bower. He never ART sted on H. 10 my kno*i
edge; on lg,h February of this year, Deiog uiru
Monday OF term Judge Stuart called on ne In my
pIvs'e office; 1t about o'clock IN the afternoon,
us before after toe count of Sessions had ADJOURNED;
! had not teen in court that day-Mr. Sedgwick hav
ing Iducte the bJsiUess when Judge y. came In
was sitting at the table writing; he C lmntnced talk
ing about the of PeveIelly for which was pre-
psTr & points 10 be argued before General Term
Supeme court ION sppesl) the following Thursday
Justice had been sitting on the SOFIA, while
writing talking with bin; be then said, as near as
can pCOllect, "Ila | want you 10 enter nolle
- proseqni for a msn who was indicted two thrt q
years ago" askei him In rel alton TO IT, or he said
without asking that the witnesses had all lett the c
and could be fou d. and the man had promised 10
tsd honest life; asked biz if he thought &c wa
| fit case for nolle prOsequ and he ssid 1t
was; | told him ] would come into court and
see about it, lie remarked, Il see you are
"very busy, just give me a Iote to John, and that
"will DO Just ia we'll" John Mr.. Sparks, deputy
lerk Of the Sessions, whom Judge y. and myself had
been in the habr of calling by bis inst name;
then sskeo Judge s. the nsIpe Of The man for whom
he wanted the rolle prosequi, and he gave me tho
Dame Of William Connolly, which name had never
head before; took piece of note paper and com
mer ced to write | asked him what month il was; be
said MAY, 1852, which wrote, and he then said it
might be May 1883 and placed the latter words in the
margin; gave him the note and he lef the ROOM me
note was shown 10 next morning, and 10 that nero
shown appended TO the original Indictment Mr.. Vsn-
deryOor clerk Of the Sessions, brought " TO me PIN
ned the indictment now; after some time signed
my 10 the nclle prosequi; before doing 30 be.
leve went into Mr. Nandervoort Office and looked
the min in the note Mr. Sparks told him to
write the nole prOs,qui at the request OF Judge
Stuart and bring It TO ne Lext morning ana wouid
sign II.
Tie Wines was asked if he krew the indictment to
be that against Cosgrovs The question objects
by Mr. stoughtoD, for Defense VINO said the prose-
cutiOn has skipped the alleged bride ana now gone
TO The other end of the Argument presented
The Judge said if argument is 10 be made on every
question that il asked the trial will never get through.
| Ibe ties inODy was admitted
WiIes,-Mr VsndervOort said TO me, here is the
| indictment for which Jude Stuart wanted o n0ile
proseq u Yesterday and laid II the table told him
| he was uis'aken that was not the indictment; he
opened ard showed me tze note, and detailed con-
ytrsstion which had taken place betwten himself and
Judge Stuart; a conversation occurred between M:
| V. and mysen and the discrepancy Of name alluded
TO; Mr.. " brought them, orI went 10 his office, and
saw the minutes 81 TO the judges order
Sir. Cutting wished to read the minutes, but object
ed 10 by Mr. Brady not having been done Ia court;
they are not the MINUTES of the court and Judicial
indictment. TO be such it must have been done in
court. Tat IL maxim 30 old that the moss has