The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-29
UNITED STATES COMMISSIONERS COURT.

fence-Close of tho Cause.-The Commissioner
Reserves His Decision till Saturday Next.
Before Commissioner Osborn.
The United states Us. Benjamin B. Rosen
| ber0-The examination In this case. which
has excited go much public attention and
| which was incidentally made subject OF ref
erence in Judge Benedict's charge TO thu
jury in the Circuit Court yesterday morning.
| sumed The court room, as on the two previous
days Of examination, was crowded, and the CORE
! spending amount Of interest prevailed throughou,
| the proceedings.
Mr.. A. r. Lawrence stated to the Court or
the part Of the defence that himself and counse
acting with him did not deem themselves under
any obligation to set before his Honor state Of
facts which they deemed properly belonged to the
prosecuting counsel to show and establish as against
| them. He did not consider they were bound to es
tablish negative or to make any defence to facts
outside the law In the case by putting in evidence
facts the contrary Of which should be shown afrma
lively by the party complaining In consideration.
however Of our client we propose, your Honor, TO
and then to rest the case We are SO
| firmly convinced that the views we advanced
statute are correct and that the position we then
l assumed based on the statute is 80 unassailable
that we prefer now to adopt the precise course that
there is no case here presented against client
! that we are called upon to make defence for. We
WILL however, call q few Witnesses.
TESTIMONY FOR THE DEFENCE.
The first witness called was Frederick Myers-Re
sides in Hoboken, is member Of the Kunhardt Co
vessels OF this line sail to this port from Hamburg
touching at Southampton, land their passengers at
the present time OF the companys pier, HOboken.
The ships OF the company carried the United
States mail IN December, 1868; prior to Decem-
pier q North river r; generally at thai time
the passengers were landed In the stream prior to
steamers landing passengers at Hoboken.
THIS testimony was gwen on ths part Of the de-
ness Livingston for the prosecution who testified
that he had landed from steamer OF the company
referred to at Hoboken prior to the year 1862 Never
Hoboken prior to December 1863.
The witness was oross-examined but nothing i'm
portant was elected
TESTIMONY OF ADAM GILLESPIE
BY Mr.. Lawrence-Resides In the city Of New York;
Is cerk in the Superior Court OF the State OF New
@. Do you ind among the naturalization papers on
1le III that Office the naturalization paper Of Moses
Livingston. A. do.
Paper produced.
Counsel for the defence--This is the fellow who
swore here the other day that he was citizen for
witness-This is the naturalization paper Of Moses
Livingston, fled October 81, 1868.
Counsel for the defence-Will your Honor mark
that this duly certified paper shows that Livingston,
who swore here the other day that 1t was two months
since he was naturalized he was only naturaliZed
three days before this prosecution was started and
that the name OF his witness, instead OF being Brown
or Brawm. as he swore. was Max Livingston. This
other and true witness of his is wei known, though
he sails under many aliases.
Mr.. Fullerton. for the prosecution, objected to
counsers remarks.
Counsel for the defence--we told you you put your
foot in II, and now we prove II.
Mr.. Fullerton--We have put no FOOT in 1t we can
not withdraw very easily.
The paper was put on evidence-the naturaliza
ton paper OF Moses Livingston.
Counsel for the defence-Your Honor will perceive
that the paper has been filled up by the transposl-
ton OF the names; the names Of the parties are on
the wrong place. The name of the principal Is
signed as witness, and the witness signs his name
In he place Of the principal That Is the way they
do business at 80 Chambers street.
The witness was cross-examined, bu. nothing i'm
portant was elected.
TESTIMONY OF PHILLIPA BRUcHBAoKER.
This witness was also examined with the view OF
invaiidating the testimony OF Moses livingston, the
witness for the prosecution before referred to. Her
testimony was principally directed TO show that the
witness Livingston had lived in her house for some
months and 70 Identity ~ the witness as
The testimony OF witness when she came by de-
scripton identify Livingston, the prosecuting wit
ness, with her own lodger, he not being In court,
was objected TO by prosecuting counsel, which OBJ
jectons were sustained by the court.
ExAMISA ALTON or ELLIOTT SANFORD.
Elliott sanford, member Of the New York bar,
called 70 connect some OF the links necessary To
the connection OF Mrs Bureacers t,he previous wit
sary thereto, as to conversations with other parties
the principal one being the absent and important Lv
ngston. Counsel for prosecution objected, the Court
sustaining the came. Witness would have identined
Mrs. Burbacher' odger Miss Livingston. the Lv-
ingston sworn and examined In the case Saturday,
and whose examination was 80 important and
occupied such length or time; but the prosecution
put the defence to me necessity, before witness
principal party thereto which II was impossible for
the defence TO do.
BY Mr.. Lawrence--Restdes In the city; was a clerk
IN the County Clerks ONCE since January, 1884,
o. Look az these Ave certificates Of naturalization
and state IN whose handwriting IS the subscription.
Chsres f. Low" 70 eaen s o. .nese papers' A. In
Q. Who Is he A. Clerk OF the supreme Court
o, Appointed by Charles L. Loew, Clerk OF the
Supreme Court under him 7
Sounsel for dctence-what do you object uows
Mr., Sedgwick-To tina word appointed" under
o. How long have you been connected with Mr..
l.oew's oincei A. About nine months since Feb
0. How long has Mr. Mexican been connected as
clerk With the supreme Courts A. Ever since MIR.
3. when did you see Mr.. Mexican last act as clerk
in that COURT 4. No, since yesterday; saw him act
O. WHAT seal 10 tina. attached TO those i've certin.
Gates Of naturazationi A. The seal OF the Supreme
q. Is each OF those dvs impressons-the impress
sion OF the seal OF the Supreme Court 20 each-the
genuine impression and impress Of .he real seal o.
inc supreme Court OF the state OF New York; A.
believe them 20 be.
o. You have 40 doubt about iti 4. No.
d In whose handwriting Is the subscription
| "Oiarcs Il Loewp 10 each OF those papers9 uouI
! certificates put in.l A. Mr.. MckeaRS
i q. What Impression does each or those papers
4 bear a. The sea- OF the supreme Court of the
+, United States.
q. Have You any doub, that It is genuine impress.
sion and real sea OF Supreme Court OF tue stats
Of New York; A. have not any.
Y: PROM whose ollce were those papers issued
=. DO not know that; from the Office OF the County
Clerk, suppose.
The witness was cross-examined by the proscou.
/ tOl, Out nothing Important was elected.
TESTIMONY or PATRICK d. MURPHY.
by Mr. LGwrencc--ls connected with the County
CLERKS oiiico siuce las; January.
u LOOK ~ ueSe i've certificates and cay in whose
handwriting IL the barie VI Adolph SchIcsenpcn In.
serted thctenY A. In the handwriting oi Isaac
Honoymann, copyist In the County Clerks Office
u Look at these other four certificates and saw In
eel and others inserted thurelnt A. In Mr. Uoney
mannis.
q. You are familiar with hts handwriting. A. Yea
q. You have seen him writof a. Yes.