The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-21

nesses; then said what have told about the prisoner
Al the bar; gave them description OF the prisoner As
remembered his appearance; l nexs IeceWsa yo.i
telegram and very much surprised a. receiving II,
the dress the prisoner Elmra was gray anu no
round top SLOUGH hat his goatee covered more OF
his chin his not as long as now MS
costume az the ai to-day was not the color as that
he Emira didn't want TO 80 70 the JAIL 10 see
Nv NJ PisTeeont~I WAS surprised at receiving tel
sgrsm to come here; could not imagine who had In
formed OF what had said OF the prisoner didn't want
10 come here nor want my 10 be mixed up in the
matter; man came to see me, Mr. James W. McCoi-
ugh and be should come and tell the counsel for
the defence VIVA. had said and would have TO
by suopcna / thonght would DO or importance to
the prisoner II recognized in him the had
in Emira and If not It would DO equally important 70
'ohn G Bartlett sworn-witpsss lives in Washington
was driving stage for John Shauborn r. b. in Janu-
sry February hsrch and April 1885, made round trips
every day during tho month Of April; there were no
pckets beyond Good Hope.
Cross eaaminsi-on the l4th of April wen. to 7.
B., bat there were no pckets beyond the bridge.
BY Mr. Bradley-n there had been . cavalry picket
the road on the 18th Of April between Ave and six
Northern man; am from New York, and was q Union
man during the war.
Mr. Bradley stated that II had been !ndustrously cir
custed that he had offered the witness Hobart ST. 500 10
induce him to testify different state OF facts than he
bad Aworn TO- He presumed Mr.. hobart would deny II.
sary TO make denial go far he personally
oerned he ind arent about i but he called alton
tion 70 the show tho Of portion Of the
newspaper prees OF this city in bearing down upon the
defence In this trial Of this he should foel de-
graded hc should go into The spapers TO deny such
charge fov himself but he thought 10 but Just 10 make
this public denial
Mr. Pierrepon, said he did not know what reply 10
such publication had not been instigatsd brought
about 10 any manner by the prosecution
Mr. Bradley did rot mean 10 make such charge
Judge fisher asked what paper IN this city had pub
lshed ouch Rrtciest
Mr. Brad!eyI have not read the articlea but half q
dozen persons in this city have called my attention
articles the Chyoasce OF the purp0rt 1 have ind-
Gated.
Judge Fisher said he did not know what no could do
what authority ho had TO mako an order in such q
case. He had NO authority 10 suppress articles In the
newspapers
aud testified that his brother the prisoner at the bar
twenty three OF he was born April 49, 1874
Mr.. Bradley moved that a recess be taken until
O'Clock p ~ 10 give the defence time TO OBTAIN the
testimony Of u witness who had not yet arrived but
would be hero At six o'clock by the train.
br. Schneider the sick Juror questioned as to hrs
condition, and replied that he hOue ht II he could to
the hotel and lie down till Ave six O'Clock he Would
be able TO back at that hour aud hear the test.
mony OF the witness who expected Accordingly at
forty minutes pas. two P. H. the Court took recess
unIl six O'Clock.
The Criminal Court re-assembled III six o'clock r NJ
Mr. Bradley Jr. said for the purpose OF hurryIns the
arrival of Rov. Father Boucher he had gone TO Balt
more expecting to meet tho witness, but he failed
arrive yesterday He Mr. Bradley received telegram
announcing that the witness had left Montreal yesterday
morning due here this afternoon but may pos-
sbly have missed the connections al different ponts
Nh. Mcrck said the witness mght arrive by Monday,
ana II that we're so he hoped the defence would DO al
lowed 10 examine the witness Then, az such time
when he should arrive
Mr. ,arrinson said the prosecution did not feel dis
posed go with their rebutng testimony until ali
the testimony Tor the defence was in.
Mr. Bradley suggested that the time for the defence
to examine the witness might DO limited until Tuesday
or "Wednesday next
Mr. Carringon said u would be remembered that he
had boon pressed very hard to with the trial. and
now that commenced he did not desire allow
ihe reDuttlng testimony to go until they knew the
of the defence developed by the testimony. II
was matter for the discretion OF the court whether fur
ther time would ne allowed.
MI. Bradley said no had expected 10 close the
Wednesday, and ]. was their misfortune, aud not their
fault that the witness had arrived He had stated
To the prosecution what he expected to prove, and il
they choose to admit t then there would be further
difficulty.
John ]. Reeves recalled and examined by Mr. Brad
ley Witness mad his book in court, and
tell the Gate when Surrntt was at my shop In Montreal
and measured HIM for Garbadi coat; 1t was the
Garibaldi was delivered on the qth the man meas
ured put down his name a. John Harrison
by Ar. Pierepont-Neyer measured him for suit
after that
Mr. Canngton said he thought the defence could close
me rebuftng testimony IN two days, and he therefore
hoped that the defence would be compelled to close
M Bradley said there was doubt that the defence
wonld have proof for eubmssion and II probable
that the defence would then desire 70 dscuss but would
scbmit the without argument He Was ready now
10 submit II without argument.
Mr. Perrepout said they would talk about that when oil
the testimony was In.
finally agreed that the should adjourn
with the understanding that Father Boucher arrived
hs arrival the prosecution shall put In the rebuting
testimony and the or the defence shall be copsd
cred closed.
The court then adjourned until Monday.