The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-09-14
os~ So alchesas OefaiS stion.
EVIDENCE OF BALOOs AND Me-. RuaBRs-na
LaWikh rIsUaA k0kD.
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EVIDENCE OF Nh. BALoOs AND ROaKRS-na
Lawish risoaAKakD.
Hesr,ng before Judge Rassel.
In ccrseonercc Of tie lensih " time consumes In the
argument on qns'hing ,ne liquor hdicmepv In the Gene
Sessions proces oibfs nabeas corpus relative
10 tre imprisonment Of John LAWYER, targed with
oeznre The funds Of tue proprsors Of 81 Nicholas
Hos,, commenced ui 3 O'Clock on Saturday,
The p.,se.crss we're c1mmeo jed nv counsel for Mr.
lasier resotfy ipe deposition III tllss Ba CLARK
in ihe ~ HcS1'st nta made before JUST Conn oily on
me 10 o. august, 10 whieh M alleged be Law
which be believed he ssleT) resaed sad .pprop, ssed
90 hf own u.a, aho lrooaeoec oross examine MIN
utoo He 'sia ne mones paid by D. asrshai vas
PAPER money rroid nGs slsse demo nnaion Of tue
biih my on,y Ia 20 give out the boArders l
hay DC rsacns!y recetFed more but noof.en; did
when NJ Lssic- pno MA assistant Mr.. Wills, wore sb-
,ent sometimes Wiis 70. oeIere In : Ter mad his
baakiast snd sonshmas 81 he hal been there oou.
nacDlh previous NJ sArsh ali ID sying the b4l In
question ,npK rece " d no bills On the dsy in cues
nop, hut conic rot soa ola dot dit 40,
Ia.ls, d'o -ia h. money paid by Or. Marshall i
cant stAe Of my kun sledgs what became OF the
ney after d. Marshall handed Il 70 VI Ls.ier never
an neo the drawer Of the desk 70 see It va, there
Direct examination b. Mr.. Harring ON DR.. Marshall
paid The hill seou. O'Clock In tho morning Mr. Wins
ws nes there NJ tie time she bill paid don't re,o
ec' Of gong 70 the aoosy drawer Of which Lswer had
charge on that osy the bills received were those Of
persona leaving the hcuse; sometimes handed hem
LAWYER, and At oher timer put tnem in the drawer
tu desk nave 0itan re0aved from guests hiio
Lsne' ~N pr.sen, which handed over 10 him; the bills
so-etea 10 biz wore put in the drawer and
MADE pencil on the cash book
Q For What puS poe the pencil marx made In tho
cab boodt tOhjec,ed 70
The Judge ier mite question: remarking tha. Il was
irreievADs
To bis attention 10 II when be returned that he
nigh, exsmne the accounts and that they we're
turned; would speAk 70 him soout IT, after which he
would rub ont The marks and make the entries the
book IN biz hand " ting
@ What did LAWYER 90 ~ith the money! Tobjected
to
Juo se Russell said must oonnne himself 10
the 40 srecioo charges against the accused
Mr. Harrington suggested that there should be . full
examination In nike these show that there
intent 10 . orime b. tue defendant
The Judge replied ,hat no only determine on the
face ~ Toe o red By the committing magis rate
ehethe, he vas j. nns' In committing Lswer the an
would allow him to travel out OF the two charges
M HArrins,n msnt .lned that tho Judge had power
10 la~ to review the proceedings OF committing mags
rhe CITY Judge re ined by saying he could sho
Sci 'au dozen ~ authorities OF tne supreme Court 70
Tefute bat Idea HIS honor said that n he took es
stAem. Ut for BIZ guide, the money which Mr.
as charged with emosz1lLs-
What war done BY Ls~ler on his return In relation
to examining the money that had boon aiken BY you
during bis absenceY
0ojpctsa -, o. ground Ina, II did NOT throw any
fgnt upon the noes charged upon Lawor Objection
su,,Air.s ana erection taken
Gourmet for LA.er chaense any persen provo
his mb. app,ooriAted the tao Gums OF money with
which be stood charged Of embexzling.
The Judge read the examination 10 The wit
The examination 81 ChAs. Y. Rogers Was resumed by
Mr. Harrington
Mr., Hscb pad Der bill about Y in the morning; could
not cay VINO presen At the time. whether the
nigh IN ,he clerk could say whether Mr.
ailis was there not; the money paid TO him which
Me- Batch gave 10 laid on LAWYERS desk; that IL
the kno Hedge have OF IT, Mr. LAWYER had cnargo Of
the day book the casn received from the guesA
f the house entered In the Ia ter book the day book
contains the names the guests of the house
dave you examined the cash book (oojected TO-
or Harrington intended to show oy the day book that
sler acknowledged The receipt OF Ms Hatch money
AID bs the cash boox thai that night he balanced his
cash boOE without givg credit for the payment Of Mrs
Hatch bill.
The Jocse ,ad tina, the pro iuction Of the boo would
destroy he es.ence Of the charge OF endorsement
M Hafr peton cnended thst the books snould be al.
mited In evidence, or they would prove declarations
made by BIN thai he received moneys and aer wards
converted them . his osn
me Judge, 70 shorten the discussion declined 10 allow
counse to prooucs the books OF the oslabnshmout
Mr. gers oesireo t. have his examination read TO him
before signing IT, ach was compiled with oy the Judge
M Harrington said that . pina Ja1e OF en-
btzzt ment bad been made out and he shyud be nit
no should De remanded that charge
Judge Rosseil great difficulty that ihcre
evidence T. sustain Indictment Tor larceny, hSe
being mate out
Guns thu oefendsn, said he would no, insult the
Judge by 70, lyire 10 the o'her counsel
Jadse Rassell ORDERED Mr. Lsslers discharge
The follow Nc 10 co y OF tho order
The -itpes support RI the Ia complaints made In
the pap- before Jus,ie Fandreau having examined
for the prosscuuop hereby direct the discharge Of
Jof n IAvler from the isonuent mentioned Ia his
pctoI the ground that the chAgos against him have
Ciy Judge.
Counsel for M LawIer Informed M Harrington that
VA required tn which be testify replied that they woald
have ohloalty In nIdiDg him when they wanted him,
sno tosk he departure
Mr. LAwler sno trends then len he Judges Office