New-York daily tribune., 1866-01-13
LAW INTELLIGENCE.

UNITED STATES COMMISSIONERS OFFICE-JAy. I?
before tonmi,sioner OssoRS.
THE HOTEL BURNING cHARGE-THE EXAMINATION
or ROBERT MARTIN, The ALLEGED coNFEDER
ATE or KENNEDY.
The United states ss,. Rober, Martin.
The preliminary examination IN this case was re-
.ured. ,
q, d,v. after the fires IN NewYok and the prisoner
tbere, sa~ Wm. :. McDonad there Jacob Thompson,
man Of the nsme Of CheDsu of the name Of Williams;
tink he wen, by the name OF Headey don. think saw
Kennedy there; aid uot know saw Kennedy tl ar was
srre.,rd when | recognized him man had er<
no, Al the tine saw the prisoner bat about two sler
Chensu the day or the day anef saw ne PRISON
.psS, sSnI and nS' ws@s IN ancrOr q n. ire
saw one tts City Ale Wants, sni the other NO 10 ru
tOu nV.r saw ,he prisoner in nswlon ns wens sheIs
M Lsrocqae-we have nothing 70 DO with witness bust
law MeDon.id William. aud Chensut there.
O. To whom did they refer you In regard to the fires in
Objected 20 by S Larocque. wha, they did when no, in
the presence Of the prisoner cannot be evidence against hin
The Commission,r-C. not.
M Courtney argued that conspiracy had been shown, and
therefore th,, the declarations Of the eon'pr.'o were evil
AZ, Irecone conended that no conspiracy had been shown
and no evidence given that the prisoner was consprator
bu, If here still the decA'ton. o. 'ome II
thu absence Of tho defendant cannot ho heard ssanst bi
To be evidence they must have been part o he YES 2e"@
In the courso Of the commission OF the se no'
nj declarations admissions made aiter tho fact
Mr. Courtney argued length that the evidence ws'
being declarations zting 10 the getse
Thr ruled that under the warrant being foi
ynr Md and comfort the enemy he should continue the
10 be Of continuous plot OF which the act charged
~ a. hut one instance In that view was inadniissibe
The koey intended to conne the charge TO that
ON. act x Ne prisoners counsel was right dthe evidence
Mr. Larocaue ssued that the could only be tried on
the overt and rowing search for charge
against him. that the rvng aid and comfort to tho hsbe0n
without an overt sc charged was nothing. , ,,.,a
III. statute makes the giving 90 sao 40
romfor 10 the Rebellion itself crime. Ths conspracy W
bum tho City N-wYok merely an onsho9t o. ~
rra oDsprscy to give aid and comfort 10 tue "e0'''
therefore admit II. -, III rb.nan, In
New York; may have spoken to him. nae o f r. bs bnS
about 10 days after tho IRE he said he nred ,hink n.
ng.-the belmont Hotel, Tsmnany Hotel ~ ~ R.,mnn, h
..id Frrnchs himself; he said that In nns ~ la cc.nr,S
m his sprinkled around W.. ths fan lsbt al
and Ia coming Of his he h,- ho,,, A.,
inng hi, roem to be open and he thisw oo.s N tns'
roo In hrins either rsmmsny Or A. :. he va. eonir
he rot some on his Clothes which seoA ~; n, .t
out Of tho hotel were alone "Hf 1as stn. I'm tS
Pl.es no came nv 10 retire to the warehouse part
nS'' A.. h,,iJins whore the ccovsfsauon Vas ned
2, we .sob Thonpsos that visit 70 Torono think W.
Mcdonald ..n. ns 70 ES.asu .; Konn.d, know o,
!o;n, p1 70 zee Thompson and Why you VENT 0bsctsd
your eo'nu W,isms present. when was sent 70 him
S x.i. ssid be wiling TO do anything 10 substsn'
I. .n i.nocsncs Of Mr.. mcponai now under srIsss N
and could sdvhs anything that W. fsa'bs he
ss.,s what you said 70 Williams TO cell that out (Oe,
,VisoI A. believe wa ths Hrst to inform him Of
NJ Donald arrest, and told hu thougs hs duty % 90
hs could explain the which led 70
O What anything did he say q 70 tho ,nnoesnco oi NC
Donald or the setting hfs to kewYork Mr Lsocqus 90.
c,sd TO that ~ osay sdscarsoa to matter that wss
pssssd) 4, he sLa hspoaald Me- unsssnt @ any Vem'