The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-08

The Court-Now you may ask him abou. other times,
ana tnen we viii sec about his question.
O. For three months before his death you In the
PANT o. hetng there frequently A. have have been u
istlcns frequently calling his and he W mine
Rayadi se you frequently within the past year seen d.
y State under what circumstances
| District Atorney-we object TO tho question.
10, aeenca-The prosecution occupied three days
Court think you can act In this matter to bring
what did you observe IN their conduct towards each
District A'torney--we object
district A,s msTelf oS ss % sp ,esI or l
g Md you observe them going to any place Of
District Attorney object TO that a, II 4. gross.S
A. saw them 60 out frequently together from the
house, saw them IN the streets frequently together
Q How did they walk In the street <. believe shs
most generally took hold Of his arn-aiways when saw
cour-whas ese' A. saw them go to Saratoga Springs
O. Do you go with thens A. did sir
Cour-Now anything you observed on the way or while
theres A. 10 you want PARTICULARS
CourYes, particulars and your conclusions drawn
Wi,ness-When first saw them on that occasion met
tem board the boat together they went down sup
QWhere did Dr. Burdel stop at Saratoga A. DR. purdel
wentto Congress Hall Mrs. Cunningham got into car
rageaId went TO where her daughter boarding and
stopped there till left; returned Monday afternoon
/
when LETT, did you them together: A. Thcy took
| a ride out to Tho lake together.
| Q. Which daughter went next with thens A. Tho
| daughter Augusta.
CoariIienteInen, we will noweake TOP O'Clock
| to
Mr. Clinton-For the same reasons that the District Acr.
neg asked thai the adjournment should Inst night take place
| ull 10 O'Clock to-day
| tour.-The circumstances were pecular then.
Mi Cinion-Ihey are p ecsely the
Mr.. CLIFTON, though the Court was speaking at the
tme timed arguing for adjournment till 10 O'Clock.
attempted him, and complained OF the
counsel Directing to the rule which they had agreed upon.
Court-Dr Roberts we will 90 on then to-
night. IL the counsel objects to my ruling Let the counsel
for the defence proceed.
Counse, for defence-l was hourly
COurt-troceeI, sir.
The Attorney General said he was unable to sit so long,
and would have to be excused If the case went
Counsel for defence eilnly understood that the ad
jcurnment lake place till 10 O'Clock; have SUBJ
! runacd al my witnesses for 10 O'Clock to morrow.
The Court said changed the thing, though the Jury
had kept together, and his duy get along
| with the case M fast r. possible.
After some further consultation, the Court at r. NJ ,
adjourned gu O'Clock tomorrow mornng counsel and
Court agreeing expressing their desire AID conviction
| tina. the would be closed this week
Administration Of JustiCe in tho GATED
| States.
| [From the Paris Consttutionnel1
Every Frenchman VINO has visited foreign coun-
! tries must admit there is none where property,
character and life are 80 efficiently protected in
France. Every attempt to ipjurc, to dcssme or an
|
punished, and snch is the force 0i public opinion
that when a wrong is done or an insult oifeed In
public it il frequently difficult to prevent bystaa iers
from taking part with the injured party, very ften
| in too warm aud jealous q manner.
Yet, Notwithstanding the certainty and obvious
ness Of these facts. persons who have no expert.
mental knowledge Of the administration OF justice
in England and America are often heard TO praise
the system In use among these nations In order to
illustrate the merit Of this judgment. proposet 70
extract from our foreign files two cases which CO
serve some reflection.
The first relates TO the proceedings had In tn
United States courts on tie demand Of the Frenci
government for the extradtion Of the thieves wn,
stole monies from the Northern Railroad. The per
M. de Montholon, Consul General of France; M
Bets, Commissioner; n. McKeon. (Distriotl At
torney; n. Joachlmssen. his assistant; NJ. Tllou
counsel for the French government; aud N. Busted
one OF the prisoners counsel.
From the NV YORK HERALD, Fob 2I.l
, Mr. Joaobmsen asked NJ de Monhoon whether on The
return Of these papers from Washington they were accom-
panied By any desraichS A. Yes.
@ (showing the witness Psper) Is this the des
paichs
On this question being put Mr. Dustced asked pcrmis
sion TO look at tho paper, winch was accorded TO him. and
he then objected is being introduced la evidence
The Commissioner ovcrrulcd the objection The paper
then handed back TO 81 dc Monhoon 10 look
papers retained from Washington. Mr.. NJ. thea
handing the paper 70 Mr. Joaohmsssn, when Mr. Busted
took H.
Mr. Joachimsscn Immediately claimed it, return
Mr. Bus.cod held up Ia his baud and said 81 going
70 keep this" de then put 1t IN hs coat pocket.
Mr.. Tou n counsel of the French government, de-
nanded the return OF n. de Monthoiop's PAPER II had
nothing TO do with the case, and had been produced In
perfect good faith
sir. Buaiccd refused TO give Il up He believed that Il
had been produced in very bad raih.
The Commissioner asked Nc. Busted to give up the
paper.
Mr. B,s,eed again positively refused.
Mr.. J,achmssen, Assisan, District Attorney asked II
they were obged TO ait there and submit to the papers Of
TIC prosecution being stolen.
Mr.; Busteed, walking quickly up to Mr. Jo,chmsscn,
asked, edo YOU mean that 10 apply 10 met'
Mr, Joachimsscn-l mean stolen. | don't know In
whosc possession Il l..
sir Bnsiccd maintained that had right TO n,cr
fefe with him In his holding possession OF tho apcr for
the present.
The COMMISSIONER have a right 10 determine that tho
paper tho private property Of the wpcss does not
belong TO this Gaze, should be delivered up 10 him
Mr. Bistced-And have rgh, To refuso.
INC isu r ai a askel lVI an nmehae adjourn
case 10 te Judge Mr. Bustccd got that paper pr
Naic gentleman, and not as counsel in the As
Mr. Bge'rcd shook his head.
The District Attorney said ths, France comes into this
Court under the solemn compact Of the treaty between
tons, and under tie authority &C the President OF the
United states, gni claim that that government and tho
ycgcs cf ANY citizen, o any high Official Of the United
States IN c prosecution Of this demand under tho treaty
made between the two nations.
All this time Mr. J. b Fogarty debating The letter o.
| gentleman WHO making cory Of ".
The District A,rncy called the attention Of The Commits
\ sipncr ~ this fact.
The Go nri.sioncr sad he had noticed Il from the be-
ginning bot be Iowerlcs- VA The m,ller.
MI. nloa-Ihia Is a mo=t extraordinary and novel rro
ccctng
Commissioner Be,is-Ihis shows the incouvcniencc Of
sush proceedings before Commissioner, who has not the
power Of Court Mr. Brstecd that documcn, belongs
NJ lie MotthuiOn, Of the archives Of his Office, and
he demands Il. 10 you make am rcTlyf
Mr.. Bstccd--No, sir, and " you demand the paper
refuse to give up On tho point q po'roncmcni wish
to be heard.
Here the District Attorney followed by Mr. Morrogh
another counsel for tho prosecution TO the table
where the counsel for the defence were seated whereaOn