The New York herald., 1868-02-26
DIyuLGIXe TELEGRAPHlc COMBINATIONS

secrets OF private telegram from Washington 10 john
Sammond, gold broker OF 40 Broad street, resumed
yesterday before Judge Dowing at the Tombs Police
Cour, This is tho nrst attempt IL Is believed. ever
made TO procure conviction under this statute which
Is as foows:--
Any person connected with any telegraph company
this State, either clerk operator, messenger
any othor capacity who shall wifuy diyulge tho con-
tents the OF the contents Of private
nuncation entrusted to him for transmission delv.
cry, or VINO shall wully expose neglect to transmit
or deliver the same, shall, on conviction before any
court, be sdjadged guilty Of sdemesnor and Shall
suffer imprisonment IN The county jail or worknouse
the county where such victon shall be had for term
OF not more tban 'hrse months or shall paw nne not
to exceed i've hundred dollars, at tho discretion of the
court; and any person who shall wilfully, BY
vance with any clerk, operator messenger other
employ6 OF any telegraph company. or otherwise viii
iuly and wrongIuy obtain or attompt TO obtain any
knowledge OF teegraphc message aes,atch,
communication or communications while the
shall be in transmisson without rst having tho
and authority OF some person having tho right TO give
soch sent and authority shall be deemed guilty Of
msden eanor and shall, upon couvioIon be punished
by Iue of not more than thousand dollars or i'm.
prisonment for not more tnan three montns by both
such line and imprisonment
The following s the additional evidence presented by
the prosscuuon.--
Charles q. Burd being sworn, testified as folow.:--r
am employed in the Franklin Telegraph Company as
general agent; know HE accused; he In tho
employ OF that company as an operator IN It's main
Office, No. II Broad street; he usually worked Of
the through Washington wires; he was discharged
FROM the employ Of tho company either on the llth
or 18th; had conversation with him after his
discharge on the 18th; told him thero great deal
OF trouble about dscoug the private dispatches OF the
company, and he had better leave town pos
sole he said he would no. go; told him no might
walt and take The consequences; told him had letter
from the Eusning Pos TO president about his dis
closing the contents Of their press MESSAGE that they
very angry about 1t; he said nothing about the
charge then left him, and had another interview
ibe afternoon OF this day; hr. Slearns s
president Of our company. and was writing
10 him IT Boston whom the accused came
into the office Stated TO him that was writing Mr..
Stearn5 al that time upon the subject; stated had
doubt tnat when enclosed the letter Mr.. SteaIns
ant Smith, and them upon this matter they
would order 70 have him arrested he stated
others IN he office were doing the same hirs meaning,
presume disclosing the contents oil messages; told
him that II ne would give mo any evidence or proof
Of any person in the Office doing 1t | would
have INN arrested; be was unable 10 give
me any direct proof, but made vague state
mes,s tha. be though. some persons were
Post were angry and we're going 10 have him
rested; that We had no i'siil towards him, bu,
determined 70 stop this thing from going on he stated
that he knew he Tad done very wrong and that he
very sorry for IL; the name Of the broker John
a. s I,s II T "R rdaass sS q
teman IRON Now Orleans, who tod him that any points
ysed The accused TO leave the city for one or weeks
until this matter was blown for own rersepal
good to 90 to broker who concerned wish him.
who had got him into trouble. and who ought TO fur
nah him funds 10 leave with that the substance OF
the cOnserss.ion he then left
Mr.. John Sammond was then called as . witness for
the prosecution.
O is TAI row handwriting Chandns the following
documepti
MI pxaR sm-Ploasc learn Il he enclosed Is true his
join sAMMoND.
Mr. snmmond-It seems 20 mc that this examination
Is 10 lnpicate me; II seems 10 10 have that
aency; therefore plead the rights of witness in this
The cour--Tbere ia complain, against you.
hr sammond-lt seems to me that this ia the ten
dency O th.s proceeding and therefore shall can my
r.gh,s witness; tha, is my feeling II tbs matter
aud from the course pursued this morning am led to
entertain hat
| Prosecuting eouusei-That is not my intention. Mr.
Sammcnd has Of course. his rights and shall rot
sis: upon bis giving testimony.
l The examination WAS postponed for the present
Joseph W. sioyer, on beng sworn, tcs,iaedmI am
manager OF the Franklin Telegraph Companys ofce, at
| the employ Of tne company: ne was working the
Washington through wires; the following exhibit Is
| Roches hondwriung:-
Eaiag Pe, WI contain desr,tehes stating tina, The secre
,ar Of the Treasury has ordered the sale OF soooO sod
| also that Impeachment y dead
| II is written on be paper uscd in the companys Of
dee the FIRST knowledge had in regard to the matter
| was when my attention was nrst caned to II by two
gentlemen who came 10 The Office representing the
Ercng Pos. no exhibited 10 q copy Of a despatch
which they had received FOR publication; they told
how Il INTO their possession and showed the
| note attached; had conversation with Roche: Grst
ca!ief che 10 account for this, took him
side and talked the with him, he did no,
deny allegation; saano, say distinctly tbat no I'd.
mIed /, IN % many words; called his attention TO
,ns iA ina osa s,pa Deen se'' arE' ry
ne sad In reply lie thought others had been doing
the thing, and he did not know Why he should be
complained or In reply told him that this plain;
iron the Pos tho rst had received OF that
| ,ure that sl others wao had been guilty OF this
conduct would be deat wth as severely as he would he
| iurpisned with proper evidences he
gave mo me name Of the party TO whom the information
| ~as sepl--nsmely John sanmond-snd said he vas 10.
4 uodnced 10 him lSammoadl by gentleman from New
Orleans. accused stated that be had tnade dollar
BY furnishing this information, aud said that he ought
not q % bold &c strict accountability Tor endeav-
orng = make dollar or two, told him that
him, and regretied to be compelled &c discharge him
he made threats during the conversation TO the
whcn minated might follow. that would not stop
| with him The following, marked Exhibit D. s 10 his
SYw Yoas. Feb II, 1868
| r. Fax BFLpgv I: Cot
% % %gsas' 6 so 70 s'ss @ n1sy sna' % nes rea esS ar
non Aso .hat impeachment. regarded a, dead Su.w
on that day ether desphtchos came the time,
and The tie original this was sent 70 Fisk, Bel
| den 50, 10 The ordinary course Of business.
| John sammond ;ssuled-Ny place Of ou.iness is
no ~ Broad street, kuow the defendant; received
th5 Communication when was IN the gold room; from
whom cpunot tell, decline TO answer rhst Old ~
Ina pece of paper think would cfn nate SELF
a. 'sSssS nonhn WHEN witness oeo mes 70 apsser
pa ,ns ground Of cr naty IS from fear Of punlsh-
ment q lhe criminal Law now tell this witness that
se sided from any such process ov the faith Of the
sss,e : hass placed hm on the stond and he is
gusrded from all trouble about that He must, tbors
ore ass sn ome other ground than that Of GRIM, ns'y.
guaranteed min the lath ot tue state that ne shall mol
pe pforpeosd Assrst, aad am competent % Go 80,
| q Wtai cd you DO With ths; paper when you re.
| ceved ~
Winess-l presume atn 10 reply
Judge Dowiihg- Certainly sir
| Witness-i hayo only rofussd under the advice Of
counsel; that piece Of paper WAS suclosed by me In
noe TO M John buteher Of the Erenrg Pes sent it
| py messerser Nhose name 40 not know no reply
returned TO me; dc po;hns si,s. / vas ADVISED
by counsel that u acknowledged that note was mine
mght % lape 70 pfcsseuticn that the ground OF
4 i Ctfuu In all 7 Inn
| about the matter
Tho coor-l do not zee any er ni pality In your act
| witpess--I never had sny conversation win tho de.
feudsnt any other person In relation 10 tbs busnsss
| Of impsr,ing information to me.
The prosecution here rested ana defendants counsel
moved for dismissal OF the complaint. which "a, de-
Bied. The prisoHDr's counsel waived a preimin nsyv
examination and The pspcn WI - ssss 10 NE 0rsal
] Jsry for Action