The New York herald., 1864-11-05

line o desepce and the principal has another The evdenc
in either case must bo different, and the Judgment mus
M McPhsrsoss . motion was denied.
fhe court then took recess until three p n
AFTERNOON sEssION.
Tho trial Of Colonel North ct al resumed al thrs
O'Clock.
Mr. Gillette submitted tho names OF q number Of wit
uessss ~ 20 character, &c, among whom were Hon.
Feuon the republican candidate for Governor OF Nov
York Judge Neson Of the United States Circuit Court
Colonel A. Foster, the Judge Advocate, John r. Soy
mor, brother OF Governor Seymour and others Of tha
city aud Of various SECTIONS OF the state Of New York;
Colonel Foster was opposed 10 running all over the
country 10 secure those Witnesses especially many
TO character, for the purposes this trial. He oooel
FosteT) would admit that hitherto tho characters OF
Colonel North aud Mr. Jones unim peachabe As 70
Mr.. Cohn, he did not know ssy thing a0ont him. Col.
roster was willing to procure such Witnesses as were
NJ. Gills.te tboueht necessary to get all thess wit
for they had specially ID Wow to get witnesses OF
both political parties. The defence especially desired the
presence of Mr J. r. ssy yuour prove that Colonel
North was not commissioned as charged IN the specin.
cations, ~ an agent to get the votes o, New York IL
OF New York.
ton Il matered no. Whist kind Of an agency Colorel
North held If fraud mad ocen iited upon soldiers
and these parties wero proven guilty, mattered not
VIII 1t tie nature OF The agency
Mr. ,Iettc urged tho necessity OF having all those
tpesses In order 10 prove by them that at different
times they were 1t the New York agency, found
Indications that poiitica or moral wrong being
oonc. One OF the vi nssses asked for the former
State agent and political adversary Of Colonel Mort
and in the room at various lme=, could prove
whether apy OF tho proceedings were wrong or not
Colonel Foster said he did MOI sec the OF hay.
Ing many witnesses to prove alleged fact and
pecial Of running ali over tho country for them.
ihe court reserved It's decision TO tho admission Of
Mr. James u Cepbancc, reporter for the court the
nrss witness sworn By The government He testified that
made statement under oath which taken down by
the witnefs In writing
Cross examinct-Coonel Fostsr was present when Mr.
Jones' statement was made did not think Colonel Foster
his uni Orm that ,son Mr. Jones brought
into the Office at Carroll p icon; witness did not tell Mr..
Jones who be was or what his business was; not
that Colonel Foster told Jones who he was, but
thought ho did; did not think that Jones was told by
what authority the questions asked no one was
prescott except Colonel Foster Jones' ard Witness
did not sign the AFFIDAVIT 1t read over TO him;
Jones BY uplrted hand he said he Jonesl
willing TO 10 the Of what he had
said; it was taken down IN shorthand.
Mr. Gillette asked that the original stenographc notes
OF Mr. CephaGe be brought into He further
thai third party bo cent for tbcm In order that they
might be brought hero in shc condition in which they
Mr. Gillette held that what purported to bo an am.
davu was really none for the subject matter had not
colonel Foster spoke sne length upon the manner
IN which the counsel for the defence conducting
fraud was Instituted against parties there could be
doubt that officers Of this court would be also charged
With the same crmo He did not recognize the right d
counsel to pue fraud 10 he reporter, who sworS
officer Of this court.
Jossh /. Caghorn First Lieutenant and Quart
OF tho Eighty ninth United States coiored troops testS
ned that nc visited tho New York State Agency on th&
2cth Of last mouth, and Messrs. North Jones and
another man named Murphy there. Witness said Id
pny signed his name AZ a witness 10 the powe&
o, a,trLey, and form Of oath was then ~
the Witness sgrcd In the blank space lei
for the party to egn who administered the OATH al
sccocd visit witness North Jones and Cohn at the
New York State Agency; there number Of parties
tboro getting commiss TO the iron. take SOL
dicrs votos ,hero letter I,sutsnant In
ted States steamer 1rookIyn coionc North would
no, do 70 lot be known that they going take
throw mped,msuts In their way loonei North further
told witness that hey had di6euy In getting ohcsrs
Wines was here shown power Of attorney. and 70.
cognxed u as the one be bad signed.
tross examined II was Mr. Jones who nlled up the
moving about t8c room; the paper would have boon
|. tsiactory to .he witness = bad been properly sworn
hway with that kind Of oath In It; witness gave tnsl
power O. attorney subsequently, % Clarence Seward.
Mr. Clepbane, recalled BY Colonel Foster, read The
statement made by AIR Jones at Carroll prison.
Colonel T. losraham, Provost Marshal Of the District
Colonel North and Ohm the New York state Agency
and the rooms were placed In charge Of eutopspt Hunt
and locked mp until witness received an
order turn the front over 10 MIR. Bradley, Mr.
Norhs assistant tne back room was yesterday given
Up 70 !mess neny a.a o.oer Sew aork oomm'ssoners;
blanks taken from the frcnt oface
Lieutenant L. Hunt, Of the provost marshas once,
Colonel lngrahams testimony, and testified
70 nothing further
The court then adjourned until Monday, November a.
IN order TO give the defence time TO get thor Witnesses
the Court allowing them 10 summon all on their list
Colonel Murphy Released ON Parole.
WASHINGTON, Nov. 4, 1884.
Lieutenant Colonel Murphy, Of tho Seventh New York
artillery, who arrested aud committed TO the Old
Capitol prison on the charge OF being implicated 10 the
election frauds, has been released on parole.
The Alleged Mercantile Bank Defalca.
tion.
fHB POLICE TRACING 1T uP-ANTECEDEST9 or
CHARLES WINDSOR.
The alleged heavy dedication on the Mercantile Bank
Of this city created quito sensation yesterday among
all classes OF Citizens but particularly in commercial
circles, where the alleged defauier was well known