The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-23

The Of the plaintiffs attorney deposcd that Crst
called at his fathers Office IN June last Crist mentioned
that had been subpGncd and hc thought by the plain
t in this q Did he say on that occasion did he
say all that he DESTROYS Of being witnessr lob
ectcd to by Mr. Dean collateral question asked by
Tue plaintiffs counsel Ruled out) Q Did he say that he
saw all any OF the defendants present. (Obeced to-
Admittedly A. On the following morning when came
10 the office Crust and my father there heard Crist
say that he all the defendants present at the tar
ring and fca.hcrng think hc mentioned the names o.
Citing and Bogards he said tine defendants all knew that
this was going 10 take place
Did he say if you did not accept OF his testimony he
would go the defendants as he was determned 70 DO
examined in this case. OBJECTED to and ruled out)
Cross cxamned-Ihcro has been memoranaum o.
what Crist said at Office; made Il myself last night
il was to aid counsel in this case have good memory
rccolcct all persons who were in our Office hat
day; was requested last night 10 write down all thM
Cs said after Crs made his statement my father Told
him he did not want him as witness; a.er crs. saa an
the defendants he said he was an Important
witness for the plaintiff and that II we I'D mol put MIN on
the stand he would so to the DEFENDANTS thought ne was
spy and that the father would have nothing
with him; he said that Citing, Toby and Bogardus
were present at the transaction.
Re dircctQ Did your father ask Crist 70 make affidavit
OF his satementsP A. don't think he did
The plaintiffs attorney was examined, and deposed-
That the last witness is his SON. Mr. Cris at my Of
fee twice, and had conversation with him both
sous; did not send for him did not know there
such a man in existence he said that he had been sub
ponaed in this case, and he supposed was by me; he
islng law but was in an office in New York; /
hen had a conversation with him in relation TO this
the part Of the plaintiff that he was present at the arrng
and featherng, and that all the defendants whom had
included in the cas- present. ana many more whom
ought have included he Raid that great outrage had
bee committed on tho plaintiff, ana he wanted 70 see him
rghted; asked him he would swear TO what he had
stated, but he made no answer.
Cross examined by exjudge Dean-l am forty nine
years Of age; AIN practising law since 1844 drew the
complaint from facts stated to me by the plaintiff
q Did he tell you that the defendants named in the
complaint with divers others broke into and entered his
shops A. No. sir.
Mr. Schafer uterposed objection, stating that the
complaint was drawn in legal parlance,
The Court said il he directed any 10 break into
couses house he liable to be charged With having
done himself There is another objection you
examine lawyer the secrets communicated to him
Cross. examination continued-Q Did you hear Mowers
testify as the injury done TO his hand? Objected to
and ruled OUT
Tae Court said If counsel waited Ia contradict the
plaintiffs testimony the stand he could read the
plant to the jury in his summing UP, there was any dis
crepancy in it,
Witness Continued put nothing in the complaint but
what Mowers told me, he must have told me that Mi
Citing present &c; cannot say that he gave the
name Hunt Zone Of the deendants) being OF the
parties who entered his store he gave several names
beginning with an H''; think that probably Howard
was Intended instead OF Hunt, cannot say that read
the whole OF the complaint to Mowers, | have found
by reference to the rough draft that there is mistake
in the the affidavit in the draft 1t LIST Sept that
Mowers went up TO Hudson, subponaed Mr. Stewart
Annable and Mr.. Avery for last term
The testimony was here closed on both sides.
Mr. Dean asked Messrs Marsh and Schater what cases
they would refer to in the summing up.
MIR. Schaller said he had so many cases that he nad
some toilet
MI. Dean asked il he would " let" him few
Mr. Schalfer-n the first place will refer you to the
elementary" cases ( was raining and blowing hard at
the me)
After little fun the Court adjourned till this (Fri-