New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-11-26


40, when he elai, ed thai was entirely by the wr De
psrrmen Witness ~ re- E question referred to le,
ser from Andrew. g. An ia Wsshngton. d',sd IL,
ne any y" o-ma'iou about the BIinsnAde arrest
Nj saes: sC >ad IKE 70 ask few qu-t,ions
Pred.it Bow njiad 10 on as assistant afer an
q By baf''- When Prcyos'-Nrsna or ms oepu.S ~
res PeIsoA 81 d~ieraires IS tsoyai Is Il nsua 20
suca priso the charge Of the eiotendent wVou ."
order N ~ .ing-is it ssue'sl .,a
Tao Jodss Advocate signs II; IN cases oi
ae.est ied 4sioysty &c Provost Mafsa-i would Dc
@ It,eeus that Ma Briuusde got ipto prison and re-
long while, sni IL seems tibet her |
Ro~is. us. no IepoH he csIIled ne1
70 ksSeI who made Iepor, -di',iH'y s'se % K"
p.y; ithoat smy o,e. n, commits her 70 prison.
wish to know tits v.usi oi Uen hs,a.s e sod no
Ga tbe CITY Of EesslOTk consent ot petos shouV uo
looked p os the statement deputy Of tho FrovoMa
- 80. - No urnen record all upoa which ths
pAty holding tie Jail retain the cause o. commitment
,h;us Il il BOT only usual. but hsve never known
.ncn -, gut At TIE sane presume all officers VIII
.Ts- r.nfp amoII, of gneut, else the nirf might
s-cspr property stolen "nle The order was beng
cent 10 WssAins ton ior his srIest. .
Jnass D-sn aid tlis would make it for him to
exsu,ne iVrthcr as TO the Loewenthal case, .,,,
O Wa any cOnritrent ever issued Tor Loewenthai by
Nires.-I do not think am here that particular bust
Judge D.sa-The question is whether the state
OF 0acer, IL veroa or wIitten the Supeoi' dent
would s,siD prisoner uDderstood the snw- %
be he bad known such case propose to sho" Tue
en be has 10 this c.y Is Lcew.ne arc ths he
hss bod "a without conitni,ns nom soy
Esgi.tIsie -,
Rowen--t he these exceptional
Nj Draper it is gsners practice but hat there are
sxcelts0ps.
Provost there is such thing commitment by
magstse that Prov lsrshars order Is the warrant
apOn which be Is held admit that under tae state Courts
his ueceary that shall be taken before gis
spd there shall be fEanGsioD bat 40 u1detapd
the practice OF The War Department aud their Mar'hss Their
order for the person a.d kss tHe perso pro
this question whether the order o the l<oyos Maish
l. the warrant on wn.eh tie prisoner Is held
Wtness-i suppose hss mus. be left with the party who
bold. the person. md not me- If conntte1 prisoner 70
know could compel him do it bg, Ia the condition Of
thing. hSd it the convenient in fact the only place unless
PEST Bosen-Y OF would regard as sufeen warrant.
A Cersioy wouldi committed other beside LOew
Judge DcsnA the time Of commitment did you have ans
wSnnt fon an, Judicial officer =
o You oIde, to Mr. Kennedy the upon which
the prisoner held ana that he regarded AZ uileien
A. Yes Sir.
Tie examination Of Mr Draper then closed, wber
President Bowen asked if there were any more wit
ne.ses, addressing Mr. Barlow as the prosecutor
Mr. Barlow said be had not seen the prosecutor, and
added ihst be would look for him.
President Bowen-Look 10 the first looking-glss:
and you will find him. There two more
witnesses for the prosecutOn-Mr. Barlow, be-
Ieve disclarns to be prosecuting attorney-who are
not here to-day. With these exceptions, the inquiry
spon our par, is concluded
THE DEFENSE.
Judge Dean, in opening the defense said, they
e. entirely willing 10 adult any testimony having besri
~hih DIR Kennedy 10: only have deense made
ID, perfect vHdc4tGn Ihis qlesiion Of slre.
~hicu properly excited public mind
eassd Drew, ,sa, M Keanedy bad sced 10 lois mater
noatr 4, order, of lie War Dep.rm.u. tbs, h. bsi
iote his duty as al otser, while he Masbs
and only his duty and there fsU sny where /.
vas ia The avs EN- uuder which he setting mo- IN the
heisdusl ~ho tho tine bsi.g edoiuerng that ys.
t4u in this city He would That ives bsttog
sse1 ~ the Dsspcs wlh .y a. he fousdS Of til
question It admitted thai this iesa
s.s.on as responsible for it. be adult; il
would within the power o. the state Of Neu YORK
s,s to allow pIisC OF ts United states TO be iuri
onrd In SIS arrested by iis Ulcers M-ssaehD
had reference 70 the r0gys Slave law. Ree il
Asd been ne UNIFORM p.seaee 10 allow the jail,
With oaenses ssanss the feder.l laws judge Dean
here refer ed TO he execution Of GoIdon in case
soun.e raised the qoes that be In the
ranks inasn.ueh there was SAFE law prohibiting
Toubs gave written permission, which he'd BY the
ss.n sufficient authority Mr. Kennedy should
BE- eond nuto for following this Practice. lie
or his conduct ~ admnstefia: the sy'tem tn,
sh.iges sssin., Mr he9nedy We e improper conduct.
ssd the arrest Of Mrs. Bum made. These chaIses
instead Of having been pIo'ea by The pro, sellon
s.d been di'Po'ed Goo1s S S'As' determined Gpo,
her b.e. to New, York no' nicely adyi,ed somsbody
tosmr Bo~ls fr IN .IIe,Dg Mrs BrioDsd- AID
ehsrsr. it one ''ssG4 proves. nsr.hs'.
t sn-siins rs b. Wsshingon .ho .hat Il was Done
within the jd elton sne by Tue order ri Provost M4r.hsi
Baker Beer in l Testimony SID noihiag shout hi.
sp~sns hfs Bnnsinsde 70 g. 70 Phi sdelpba sud pend
seven ,ish, days with hun He emitted oil tlis hcclue
ss sSsT IN l. W.. ssS ands sc s oai o.
b.irr = lie would shew tast NJ Kennedy iusis'ei
ppou d for her release If Nh Kennedy
pot been setting under Bafe orders be would hve skd
s.,. ,s;s ssi 49, ss5 .tlss lie S2 . Nv 2'
. Dslef b-ius IovostAsr nit at the tint, M. h
vs.. 1ptaed fioyo, Nsr.h4 q ~ aihern Diidos Of
Eewasik Az y! Atite tine Of the h't compliant he
w.s Pfo7osi-heissai When she sss ought here af,r
ses ae-'-d sePt 20 he VS. siil f!9yo.t. afshal bui
t 80 OF October new re ieved and Mr. Driper appointed
and therefore Mr Kennedy bad 10 as,6oi to rel, as
Be any iso lie. sis~lsro. I'D not in '" TIE
gentleman Oh. tIisL Ms Baker admits that Ls spoke
would Illegal her And be to Mr. Ken
pedy Superintendent o. Police that 10 al had
eided her .ues! e,~snsnaDe d. no. Le,sys ,la il
Dir Watson ssil hat h'I irssi he w,ud lay,
Bairrs trslo1S !. u- nbcn it raec,. UPON ~ Ws,.on
II. s.kee a to a. jasee 70 Mr Remedy after rea
wond be - waehs: # wse NJ kennedy. M
Baker, OF the War Ders tmen.
DIR. PHELPS.
DIR. Charles Phelps, recalied-A receipt was
shosn which witness Thom.s Bowles write In the
Old Capitol Prison on the me1s arc. hi; ss % ,ac,
Received fron Charles PheIp dollars ~
ony Lelo to ars brsnsdr by order Of L. g. bsLer.
"TuonAs BowLEs."
.. TESTIMONY OF PATRoLHAS WILLIAMS.
Parolnan John Williams of the Twenty sixth
wheE abe arrived the sth Of September; CAPT
A..,stani ProvosMsrba OF New-Oreans deck. bo ~
o. Bs.Dssde whom h. tuppos'd spy ssit 10 bad
ZINE report the Provost Marshal Kennedy. and
p-S v.uste psrer 70 d. Phsp ,s.s Wines. took her
iheu oud Dot anything that witness .hood w'teh
Nuse Decor witness tod the hacsGsn TO tell him
v5c. he took her witness ieponed Sergt Van Hagen
81 the I~entv-tiK'h Precinc'.
TESTIMONY oF PATRoLaAs GARDENER.
patrolpsn Charles Gardener of the twenty sixth
Precinct sissmbOsi Squad 'woroWs. On IN. dock when
We t1i;on cane Ia who appeared TO cher ssd
said o. had uus