New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-13
sested, He said that decis,on vas made BY he So
mr. mn sourt in ls47 In shich they held tbst u1ee

II il reported ia 4h DE no. DUN sg the PeoP .: ne
matter wa taken to the 10. -lainrr I'i cOu'
no statute and law wss p~s-ea l'h Iof' = - 80
A.. ,yep ,sken by the Sdprens c0art IL 70 IN zoe
sane law giving the right OF Two pere1p'o' Sua
}et-0es IN civil The tafo secuon Vi Vuc -
tsa nothing sbai BE- taken Al saa "' orsse.ted
Ybe osurt though the act ambiguous 10 is terms IL
vas said the object If the e" "a 70 give I'VE y
enpt6ry challenges In csses Woers 'ne maA nun -,
pun,shuent old not anOu Z 10 Ten yeare, ~nco nsa
not existed before The court considered t1e JUL
OF the Law 20 enlarge and not to cur'I toe isu.
OF challenge, and the objection vas oVerrule'' INC
sxth Juror also peremptorly coaienSeo, anu tn
impaI Deiing continued. Among the es1oes 49, 49,
BY council for defence VS. whether u juror na4 -
caro- which wa publisher by the disTlc'-asornoJ
ever bis osn signature 10 relation ~ ~ an in ic,
nelt 10 proof to sOme extent Of me goh. VI 'u ~
eused, Mr. b. cODtenoed tasf II th7fe II SUI 4 I'll
ing II should disquaify TOE wltooss' ~ 'V CON-
"epssrn" Mr.. B. said shch has over A&el l1e COM
xn.ntS indictments have been found, a0d IN Que $50
the district attorney ID en- er'ng none Pfo8s4u 'a
that il was the witnsss and Lot the person lld''si
Mat should be proce against The Jadge 10 )auI
the whole was a mattel Tor The consd-rauon OF toe
txiers Several exceptions we're mode on this aod
other points wDcn are to be presented Oh Tuesday Tor
the coi<i ersiol OF the curt. One OF the sne'ees
stated that he had r, ad the card OF Judge S'u-L
Toe Jury, at 81 O'Clock, was completed az folows;
Robert Beatty, jr., Fourth ward, binder J0nn Is.
Veteran, Fen ward, grocer; Charles ). Wright
Ninth ward, grocer; George r. Peterson, SeVenA
pmber merchant George Burllug, Eie7e1t1 Wafd,
frui erer; Garret w. RycSmaD, jc., Mon ward, mop
dealer; George G.. Taylor Cen!a yard secretary "a
suaDce company Jacob l.. S-ixas, Fh'een'h ward,
merchant; Da iel Cusnm-n, FDs; wafd, importer;
AIabsoD j. Briggs, Seventh ward, cooper Ddrlan
Pesrtsl, Thirteenth ~aro, wheel wight.
OPENING OF TIE CASE FOR PROSECUTIONS.
M Cutting then opened the the pari OF the
prssee ution Of which the folio wing Is an outline:
He ssid il is the fret time that ia ci4' officer has
been snaigned on such charge 10 TINS state aod Il
such practices here charger are alo Ted 70 pre-
vail The az will have been aid 10 the root OF our
inst, utions. person named CosgrOve was arrested
on char e Of burglarOasly enteru< ons OF The 70 ms
Of the Nes-YOrk bOtel. He was taken before Justice
Stuart then Of the police who considered the charge
eo grave that be required five thousand dollars ban,
bu on application of MIR. James NJ Smith, jr, counsel
for Cossove IT wac reduced 10 three thousand do1
and John Ff0k became his bail. COsgro 'e went Oh
sd concealed himself, and the recOgnZance was Tor
fei cd, and Mr. Frink endeavored afteIw-Id % have
him arres'ed, but without effect la the summer OF
1854 Justice Smart entertained the det OF obtaining
the domination for city Judge, which was about to De-
come vacant and was then held by Judge Beeoe. lie
succeeded and elected, aud IN January le1o, was
sworn into Office. The city Judge ana The recorder
hold the court Of Sessions alternately month after
month. January the recorders tenn aud t+0ru-
AIRY was Judge etuarts and t.e proceedings am
sbout to relate occurred a specta or, evde lily not
long in New-YOrk, here cIied out: Hear! near
and was Immediately ejeced One afternoon, Mr..
&. cobtlnLed Judge Stuart entered the office OF Mr.
Hall DIST attorney, who much engaged at the
time and told him that he wished 10 get mole pros
eeui entered ali OLD Indictment against per,
son who v ,hed TO lead an honest life. lie sad
that ali the witnesses were gone, an1 that there
was I0'biDg IN the indictment. 1ae dlsHc'-
attorney sad he very busy and could nos
III. n 20 into court TO make the notion Jddge SAID
he would not trouble him to 20 toto court bat II ne
would write note to John Sparks the de Juty clerk
OF the sessions to haze The nole pfoseqdi entered III
the MINUTES it would be done The district attorney
asked the ucge what was the name OF the party,
when Judge s replied that the name was William
~
attorney not recollectlng regard 70 any per-
son named Connolly, AUD suPposlDg-as was stated by
the udge-that il was an Old case and nothing IN It,
asked when the indictment was framed, wh-n Judge
=. said it some where about Aprl or May, 1888,
and that The distrlc'-attorney wrote the note and
Jadge = went with it himself 10 tie Office OF Mr. Van
dervoort, clerk of the sessions, and saw him. MIR "
said there no indictment against Connolly Judge
s. vent out, and came back aud said the name was
Cosgrove. Mr.. V. found that COsgrove had oeen ia
diced for burglary III the hrst degree. Judge ..
wished Mr. V. give certified copy of the dismissal
Of the complaint, but Mr. V. fret went TO inquire of
Mr.. Had, bat who had left his office a1d Judge 5.
assuring him that it AL right, Mr.. Y. gave the
Ger ih,ate. Mex incoming Mr.. Nabdervoort Went with
the Indictment to the office of Mr.. Hal, district
attorney TO ge, him 10 certify on the ba k tha was
dish isseO The district al 0Tney told Mr. " That his
note was 10 person namsd Connolly and lot Cos
grove, who man well known TO toe police under
he aypellation of Buffalo Bill The dis rict aJtor-
new, however with ve% making the ind c.
nent conform to the certificate which had been
given, signed 1t, but taid he would in-
q Dire into t. and if the proceeding was
not correct he would have Co,gTOve Indie ed
again. Mr.. Fnnk hearing of II, went 10 Mr. Smith s
office 10y that time elected recorder aud told hun tlat
aIole prOsequl had been enterrd. Mr. Smith teeliog
Ghst CosgTove having been clisnt of his, Il would
appear bad thot noo prOseq Al should be entered TO
soon as he bad become recorder, said he would 10 10
II clerhs office arc ascertain IN regard to It. GA
going to the clerk door he met Judge Stuart, who
too hin tnat suc1 MOLE prosequ had been EN- cred,
nor should be. The recorder lold mm il ought not
to be done. Frink went 70 Mr.. Smths office next
day snO said II true that CosgrOve hsd actually
been discharged Nj. ). wen. 10 the dstric.-sttor-
ney office and sscerialGed al the facts IN reSa'd 10
it. Subsequently i'm March the district attorney
caused Cosgove 10 be indicted AZ an, aud that n1ict-
meat came into court with bauk piece of pa
il that It should DOT be seen, but confidential Of
foer If Judge :. naned Elder noticed it. aud told the
sister Of C. wife 10 write 10 {. aud his wife not 10
come 20 New York, ~ the mole prossqu was Sc ASIDE
Madame Duval VINO a native of this State bat
married Spsnlard and Obtas Ell some property on his
death kept house Of assisnat aud became bail at
the police office for d womao who had been indeed;
and in doing SO became acquainted WITH jus uce Stu
art who frequently after sard visited her. She be-
came acQuaioteo with and att 4ch-d Connolly, under
the of Cosgrove asa mis- being arrested
Madame ID deposited With Fruk thousand dol
lars to be bail Tor (. {. 10 Pn'lsde pbla and
followed hun and they msrTi q thsre. Subs
gently she returned 10 NeEYork TO take care of her
house Judge :. said 10 her she had dooe avery un-
wise thing to marry such man, but II she had told
him her intention 10 mary HIN he wo1ld have 20.
him oil more favOrsbs terms. H. told her
he expected to elected city Judge and Mr.. 81. ds
trlcta,torney, and when he got INTO Otce he would
manage To get her huso clear. She 20 New.
York IN January. Judge ;. told her 20 come IN FEB
ruary. She cid the 18th OF February,
JUG re s., and it arranged she should meet him 8;
his house that evening. She went Judge 5. toll her
that he could get her husband clear but 1t would cost
some money, as he would have 10 pay something 10 |
the district attorney. He sad il wOuli cost soolt