The sun. [volume] (New York [N.Y.]) 1833-1916, 1864-11-05

ovcrrulei the plea to the jurisdiction. and also de-
cidcd Nat they had jruisjction. Cpl Foster sskcd
the court to render Judgment of guilty. The De.
fcidsnts could have put in any plea they pleased
they Ind chosen 10 r'csi to the jurisdiction, aud
mus, abide the consoq lonccs. Tho court denied
the motion OF Col Foster and the prisoners in
turn entered the plea Of "Not guilty"
Mr. hePherson moved that the sccusci be sew.
cred, and separate trials he gran Ell them. The
motion was den'cd. Mr. Mcpherson then novel
tha, the Juigc-Advocs,e cleo, whether he will try
the several parties rs principals or accessories
ihey could not re both Col. Foster said be would
~, amend his specifications. lie would not con.
sdor tho parties as prime pals or accessories. but
would try them upon the charges se. forth on
The spcclLcatious The charges were not drawn up
as an indictment at common law, but as such pa
pcrS are usually drawn IA Proceedings l.ioro uil-
try courts. Mr.. q lloite aryucd that II was tho
duty Of the court to compel the Judsc-Alvoc 10
elect how he would Try tic several parties whether
rs principals or cutssorics The man who Ia b. be
deeuicd acccssory Las one limo OF defence,
snc tho principal has another. Trc evidence in
titncr case must bc different, and the jutls ncnt
mus, be different Mr.. Phcrson's motion wa,
denied. The court then took n recess until 8 NJ.
yvEsrNo sraTo>.
Mr. Gillette submitted tho names Of number of
witnesses as 70 character &c. among whom were
Hon Il. u. Fcnton. the Republican candidate for
Governor Of Neg York judge Nelson. of the L. 4.
Circuit Court; Col >. \ foster, the Judge Advo-
cate John 4. seymour. hrothr Of Gov. scy rnour,
and others Of this city and Il various sections Of
the state 4 hc~ York.
Col. Foster was opposed 10 rum M oil over the
country u secure these witnesses, especially -
many AS T. characicr lot the purposes Of this trial.
He (Col. Foster! would ali that hitherto tho
Characters OF Col. North and ot Nj. Jonss were
unimpearhAtlc.
Mr.. Gillot,c said he especially desired tho pres
ense OF Mr.. j. /. Seymour, ~ prove that Col.
North WAS not commissioned, ~ charged In tho
specincatonS ~ an agent To set the votes Of New
lmk soldiers. Col North vas tho regular agent Of
| the State of New York.
Co. Foster said that did not 60 ints the present
question. IL ma tcrel no, whist ind Of an agency
| Col North hed. II fraud bad been comm .tei upon
soldiers, and these parties were proven guilty, II
matcrcd ma what the nature OF their agency WAS.
The Court reserved Its decision as 10 the sdmis.
sion q 81 the w,ner.cs.
Mr.. James o. Clerhsnc, reporter for tho Court,
wns the first witness sworn by the Government.
ho testified that two days az, Mr.. NJ. NJ. Jones,
one of the parties accused, rnsdc statement, un-
der oath, which ~ss tax down by the witness in
! writing.
Cross.examinsd sd-Col. Foster was present who,
Mr.. Jones' state elneut WAS made. Did NOT think
4 j. Fos'er wore his uniform that occasion. Mr..
j nes was brought into the oflce at Carroll Prison.
| Witness did not tell AI. Jones who he was, or
i what puNnehb WAr. W ~ NOS that Col.
Foster told Jones who he was, put thought he did.
Did not think thst Jones was Told by what author
| ity the queNions werc asked. No ono was prcscn.
| except Iol. Foster, Mr.. Jones and witness Joues
DID not sign the nffdsvit, nor WAS Is read tn
him. Jones was sworn by the uplifted hand. He
said be (Joncs) was willing TO swear to the correct-
ness of what ho Lad said. 1t WAS taken down In
| shot.hand
| Mr. Gillette asked that the original stsnogrsphic
notes Of Mr Clcphane be brought into court. lie
asked further that thri party be sent for them ia
sl..s 81. II. A..L .na -
| di,iun IN which they had boon taken away. Mr
Gillette held tha, what purportcd to be an stfdavit
was really none; for tie subject matter had not
been road over 10 the witness.
Colonel Foster spoke Ht some length upon the
| manner IN which the counsel for the defense were
contracting their Case lie did not recognize tho
right OF counsel 70 imputo fraud to the reporter,
| who WAS a sworn officer Of this Court.
| JOSIAH l.. ClsghorD, FiIrt Iieutenan and Quar-
termastor Of the s9th Untci States colored troops
testified that lie visited tho New York Btate Agency
| on the 2Vsn OF last month, md saw Msssrs. North,
| Jones and another man nsmei Murphy thero
| Witness said he came ia " put in a proxy for Q
vote. Murphy signed his name ss u witnsss To the
power OF attorney, and form ot oath was then
| administered to the witness. No nams signed
| In the blank space left for the party " sign who
administered tho oath. Al second visit witness
saw North, Jones' and Cohen ut tho Now York
State Agency. There were number OF parties
| there gctnng commissions 10 60 TO the mont 10
| tsLe so'dicrs votes. Thcrc was letter read from
n Lieutenant In tie Navy, ssking that o commis-
| slVpNT De sent " the l. :. steamer Brooklyn Col
North said II would not do to let u be known that
they were going to take votes on the Brooklyn, for
the Administration would throw impodiments In
their way. Col. North further told witness that
they had difficulty in getting officers to Ggn ath-
Guyits.
Witness was here shown . power Of attorney,
ani recognized II AZ tie one he had signed.
CTuss-exaIpined.-n WAS Mr.. Jones " no filed up
the blanks In tho power Of attorney, and Col.
North Was moving about the room Ths paper
would have been satisfactory TO the witness II II
had been properly sworn TO. II WAS not the wit
ness uehgu 10 send tie paper away with that
KIND OF oath In ". Witness gave the power Of 81
torncy subs. .qnently 10 Clarence seward
| MI. 'IephaLe, recalled b Col Foster, read tho
statement made by Mr. Jones at Carroll Prison.
tol. 4. lngraham, Provost Mashsl OF the District
OF Columbia, was sworn. lie testified that be AZ
rested Col. North aud Cohal at tic Now York State
Agency, and the rooms placed in charge Of
Lieut.. Hunt and locked up until witness received
sn order To turn the mont over " Mr.. Brad.
ley, Mr.. North's assistant The back room was
yesterday, given up to Messrs, Kelly and other
New York Commissioners. Nothing WAS removed
fron the Office, excepting souao blanks taken from
the hont oice.
Tho Court then adjourned until Monday, Novem-
Der 18th, in order 10 give the defence time " get
their witnesses the Court allowing them to sum.
mon oil on their list.
Washington, Nov. l.-I.eut Col. Murphy, Of
the Seventh New York ARTILLERY, who was arrested
and committed 70 the Old captol Prison, On tie
charge OF being implicated In tic election frauds,
b has been released on parole
Tho Mcclellan Ticket " ithdrawn In Ten.