New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-11


the bar TO drink at time during the AFTERNOON puV ho
large crowds. o, 80.
Augustus Toss sporll-Is police officer in April 1862
was IN charge OF the lower portion oil thS osu n1e ~
knows Metropolitan Hall employed by MI huhLe e "
Keep order in the hail. on the afternoon OF April IA is
there music other performance III the lia ti'
tables in the hall all square ones ON the ngnt III quc
ton at the hall; sent another place. .
Cosserdntaod-At u o'clock on that day was at IN
night; was stationed at Tbeater another
policeman TO metropolitan Hall III Wlthess place thd'
Thomas carer s,-orp--witness lives In DIST. between
First and Second SITS has lived In Washington 10 years
keeps livery stable knows VIM. T.. Ccayer his repnta
ton truth bad and witness would not believe him
on his oath from his general reputation ,,,, ,,.,,,
witness heard many people say ne wa p pr he
nemI te kaIG 10 % Si1 liar in fhe Community
whore he is known; he Is horse Doctor witness never
sokcn of ON tic race track he charged with throw
ing OF the and betaymg his friends during the war
Be- 10 Ntrrick-Wltnes knows OF his own knowledge
that Ccavcr was tried in this Court within the last six or
eight months; witness has missed him rom the com
munity, and he reappearcd about two weeks ago. uoht
know The day he was tried . =, ,,,..,,,
has lived here fortyseven years known Ceayer ever
ince he came TO Washington; his reputation as TO ruin
is very bad witness would not believe him on ms Oah
@ ai5 5c,e5r SItIess is making medicine called
HorDeTs Mixture; used 20 carria and follow hack
ing when the war opened witness s9ld OUT and wcnt
with Mr. Carey livery keeper Ceaver never doc
torel horse Tor witness witness has doctored ms own
horses witness knew Ceavc, but was not IN the hablt Oh
asSociang with Inn; used to speak with him. but never
had any difficulty with him. heard farmers from the
COZ Bry say they woud not believe Cloavor thing;
horse have heard his character often questioned; wit
has not had conversation today with Carey about
Ccayer yesterday Carey told wthcss ne wa sunLon99
to Court about Ccayer; witness replied tlEt he wond
not believe CLaver on his OATH Carey san nc @ouiu
have witness summoned; witness said he hoped not
james ". f,mRuy S~ofi,-Witness lN9s ID this guy
knows Clcayer; he is an Englishman; Lave heard MS
character spoken Of his general reputation Il bad; from
his general reputation witness would nos Ike 10 DeheNe
Crosscrnnincd-Iave heard plenty Of persons say they
would believe him oath witness mover placed any
good OF him; have heard his character alluded to many
Times tho past eight or Line years; 1t IS Universally
bad; witness mt knew whether C!eayei kept livery
stable or not witness keeps Livery stable. .. ,.
John O. cook suOlH Witness lives IN Washington mas
lived since 1885, knew W. T.. Ceaver his reputation
is very bad and from that reputation witness wOud NOT
dross craniIca- Witness used to be in the hotel bust
ness used TO buy and sell negroes and has kept iyely
heard Ccayer and Raiucy had bought out livery stable
formerly kept by witness Oh SAtst witness iDlhks nc
employed Ccaycr once To attend 20 horse witness mas
known him Is lG years; never heard any man speak
any good of HIM occasion man was arrested Tor
send Tor Ccavcr and hc win the man out; his
reputation was such that IL was understood be would
has heard Mr. shelly aud Mr. Middleton and many
Mr. Middleton said in the ClubrOom about two weeks
ago; his reputation il the general talk among those who
knew him; yet heard man speak ln ms faVori
witness don't believe IA this community, who knows
him. would here and say on oath tnat he would De-
Joh,I Raaeg sico15-Wnoss lives in this city; witness
knows Clcayer; his character very bad witness would
Ceayer and witness the nephew Oh Samuel
Raney. -,
not believe him ON his oath heard Mr. OBryan say so
over year ngo, ard again last night wess wonaht
Henry Middleton, siroWiness lives In this city has
lived here eighteen years knows Clcavcr his character
u very bad. and witness wouldn't believe ms oath.
Crorserns,iHcd-IIas heard Samuel Rainey, Michael
o%e sS oath tn Witness placed his horse in the stable
kept by Ceaver; thought he would keep him. as he had
southern born, witness couldn't help his sympathes
by M uerrok-winess was born IN Maryland, Prince
M McIrici.-A good place to be born In Haae"-
that's where they raise who men lIS,usr a 0o,d
place confidence In him from his general reputation
civ i'm various now keeps small grocery
Fst don't sell liquor have no license never has been IN
sneak of CIeayels character Ccayer told witness he
did not FOR an oath n he could make aiythn by III
about the conspiracy t1a and said he lid not care Tor ms
OATH witness used 10 60 down to ms stable 10 see some
friends, among others Mr.. VIM. llussey.
By M Ms1ick-It general talk abont his char
octer he said ne wouldn't scruple about taking oath
one way another provided he could make anything by
R NJ, p,yr,oopt-IIe was talking about the conspir-
acy trial; II was late in tile afternoon. and they were
reading the papers outside nnd Clcayer made The remark
above alluded TO- presence OF witness and others;
witness continued to there sometimes TO collect money
due witness by a man there . ,..,..-
James Roy sirop-Wncss has lived in tins Guy 80 9rJ'
years; knows Cleaycr whose reputation Is pretty bad
Mr.. MeTick-lIaye You had any conversation WIN
il he testified in his easel
Mr. Darlington objected. The couhsel must nrst lay
Mr. Bradley read from the report published in The
RrDOftei show THAT Cleaycr stated on crosseNalnna
on that he had received no oner OF reward Tor TESTIFY
Mr. Bradley stated that he expected TO di-proye tins
testimony 10y the witness on the stand $500 .
The Court ruled the question not material TO the
MIR Bradley now proposed to offer in evidence the
record Of the trial at which CiraVer was coVcedot
and marslaughtcf Ill lhc cary P'tl VI tno Vih vi o
The Counsel for the United states objected The record
III. (l.fttf lk Np AIglVI
r' H WsoH sated that II was not record Of conyic
ton; II II was record OF conviction 10 would not De
competent to 60 evidence touching tho cchplty OF
the witness Cleaver but as to his competency rs VIII
Mi Wilson read from Bennett & stearnssleadns crim
nal cases To sustain the point raised. e.,
Mr. Merrick stated thai the prosecution was MISTAKEN
II was record OF conviction aud sentence CeaYer was
sentenced 10 Ave years in the Albany Penenihuy. lie
held that the record admissible affecting both his
credibilty and competency as q witness -
Nixon as sustaining his View ~ the question He sub |
mitted that IL 1t was record OF an infamous elie " was
allowable 10 20 the Jury affecting tho credit OF Tue
witness He offered the record ~ the record OF an IA
famous crime aud as such e3mpeten 70 go ia eyemGe
new trial YET the record could 20 20 show ms ctedng
Mr. Peepon sa a e ieSTu uu x" v. m 70 one
particular point and thought IA no case teeotd eoua
Be used To affect the credbily OF witness AFTER Tue
counsel had neglected to produce II To prevent the "t
ne1s iron .sr s the Court would take coguzsnce Of
its own record. aud not portion or IT, whether was
complete in one boob or n0t-it made no aheiehce NJ
could moi ignore the fact that he had helped to eyse
his own ruling In the Judge Wylie aud hnset be
ing on one side aud Judge Ohm on the other S.dce the
reversal OF his ruling and the granting OF hew trial
Ceaver had been baied out and tho case nSw stands 40
.hOugh he had never been tried az all bee ,sc con-
s Al the subsequent trial lac night be enabled to prove
his entire innocence Therefore he Gould not are what
There Mas In the record Ia offer .tsdes. the crime for
which Cleaver had been tried ws manslaushter-a crime
affecting the truth or iapy OF man me Jaw PR Pr
Sumes cyery !nnOcept until convicted therefore the
record could not be adpitted -
The court then toye recess till 10 O'Clock tomorrow
morning
POLITICAL