The New York herald., 1868-03-04

OF the crime, they failed to arrest the guilty
parties. Al this juncturs the Solicitor OF
the United States Treasury placed the matter
in the hands OF Colonel Wood then the chief or the
Secret Service Department Washington, aud he. with
his dstoc,ves-four OF whom defendants IN this in
dictment-obtained a warrant from Commissioner
George r. Belts for the arrest OF Daniel d. wricLx
Philip Stanley, the present defendant and others
having committed the alleged burglary. Marshal Mur-
ray, Deputy Newcombs and the other defendants ta
this city arrested the supposed burglars and conveyed
Stanley OF this State to Washington where he
Subsequently discharged having pleaded tae statute OF
limitations In bar TO the proceedings. On his release he
this indictment TO be preferred aganst Colonel
Wood and tbs other defendants for kidnapping, &c.
Yesterday morning the Queens county Court OF Ses-
sons room a. North Hemps,esd l. - was crS~aea oy
and others OF kindred character VINO felt Interested IN
the proceedings Among those present We noticed Pay
Hill, Captain John Young OF the Detective Police, ex-
Judge Stuart who has been subp1naed as witness and
detectives reman, Nsvins, Elder. Tiiy, hartno's ana
John b. Anthem appeared for the prosecution and
Messrs w. F. Howe and ex Recorder smith for The de-
The aadavi. for tho of The case the oyes
end Terminer was read as follows:-
AFFIDAVIT OF WILLIAM WOOD
the 18Th
as sssis'
entered upon the minutes Of the said Court Of General
deponent says the before whom
may
ss Sa. Il and asu sSs questions viii srse
on The trial Of the 81
sS sax' Court fa and that s the so
county, ps0pN o New Yors a informed and
liz 10
complainant in the s intimate friend Of one Of tho
of
as Ss Ss % sSf
ready for tia ct ns
had said h. he.
upon 'A'0 'n'''A'"'' ''' INC 'A' p'''''W W. r WOOD.
The Court then said Just as I leaving Jamaica
received a note informing me that the indictment
against William P. Wood has, by the order OF Judge
Gilbert been moved from this court to the Oyer aud
The order OF removal was based It is proper for tho
court say that while 1t does not regret that the re-
sponsibiy OF passing upon tho grave and important
questions necessarily involved in this case has been
transferred to another tribunal, and were not for tho
fact that the affidavit contains statements that IL
proper tho should observe al this time, should
simply conhns ourselves with following the order made
made T in the sfadavm of Tho defendant. Wood.
that not In the judgment OF this court either we'll
founded IN fact or warranted 0y anything that has trans
pred this siGce the indictment has been pend
ing here The defendant his aidavit alleges that
he cannot have fair and impartial trial. l am willing
to concede to him. a. mere matter Of opinion that ne 10
honest expression OF that opinion Certainly the
ndulgencies granted BY this court especially after his
announcement being ready 20 try the caue at 0ns
upon the District Attorney giving stipulation
Desired evidence OF disposition 70 treat him othee
than fairly and 70 AFFORD him every opportunity within
his power 10 establish and his innocence OF the
offence charged and particularly this the case not only
having announced himself IN readiness Tor trial but -
10 the made by bis counsel In court that the
SET down for to-day they would be ready TO
try IT, and also bearing In mind tho fact that the grant
resting nreiy in the discretion OF court and TO
the decision upon which there was no exception; or, II
,ion over The trial Of this cause would per-
fscty easy at the time 70 have denied the moton .
ana me 20 s
this matter is concerned the court has IN this case as
in every other CASE sough. to exercise the discretion
vested in Il In favor OF rather than against the
person accused, acting upon % presumption that
all persons are innocent until proved guilty:
There another allegation In the affidavit OF Mr.. Wood
that deserves than passing notice. twas stated
this affidavit that the comp lanant was an intimate
friend OF Of the members OF the court and had been
house. To which OF the members Of the court
the defendant refers not able 10 say but can say
however, for myself that there is no acquantanceshp
whatever between the complainant and myself and that
the progress Of this cause there has BEEN no other
communication with him than beyond the ordinary sau-
ciate 10 say that he 70 them an utter stranger NOS
one Of them even now knowing him. can only
advice this affidavit drawn should have permitted
the statement TO have been made conscious as he must
the pres ding officer OF this court that such considers
tion had even existed could not aud would not hav0
,ussics between the Usope and the accused What do
you propose to do with the other dsfendantsf
Mr. John b. Anthem who represented tho Districe
Attorney said the statute IL the court please removes
this case. SO tar as william p Wood IS concerned I
gather from your remarks that IL the impression Of
the court that that order although mot warranted a.
far a. know. by any statute Tor tho re-
mova Of an indictment a. TO ono defend
ant and not - 10 the Others, is nevertheless
out OF courtesy 70 DO observed By this court The
question OF law which arises will thon be, whether the
case ., against me S'ne o. ns 0v
which ON the dies OF this court. That Indictment
the entire record removed as hslorder says 80 faf
Wood Is concerned to the Oyer and Tsrmlner Il 70
questionable whether does not follow that tho indct-
mont entirety Is removed. That 10 the more sim
the term when this was before the court
expressly waived ths previous demand thai he haA
the other dsfendansa And we're Il NOT the rule has
falsehood follows every other crime We would have
been surprised At his saying to-day that what no said
upon the last adjournment was false. He said
through his counsel then that he desired 70 b
tried with the other defendants and his nrst acs
the lie, ana say that he desires 10 be tried alone
and in another Jurisdiction. SO far q the
Be- said: the District Attorney OF this county Is
determined, and he has instructed me, appear-
S. es oss sSy ~ %.n q
nation shall be punshsd and that NO inferior agent of
wckedness shall bs punished un. the chief Criminal 70
brought justice For the second time IN the history
OF this transaction Colonel wood" ~ he IL politely
termed 'hs chief ofcsr in tho United states Secret
Detective Service" he pompously calls himself, de-
sres 10 ge, out OF the way and h poor depend
ants Hogan and the OF them, 70 suGsr for what
they bound a. bis servants 10 execute, and what
he had the ingenuity and Ibs maligniy 20 contrvs.
Mr.. Woods Doctor, DO undersand that this
matter has been disposed Off
Mr. Anthon--I am now arguing this motion for tho
District Attorney.
The Court--Ths court will make no order. The order
OF Judge Gilbert operates far Wood II concerned,
10 take the out OF this court
Mr. Antnon--i am nov speaking as 10 the disposition
Of the other cases Now str, Il would be wrong that
Hogan and Murray and the Of them should be tried
and punished while Wood should escape. do NOS
think the District Attorney ought 10 adopt plan that
would lead 10 that result think, therefore, THAI
whether there be any doubt as 10 tue facs OF all
these ca.es going TO the oyer and Terminer, u -
the duty Of the District Attorney and 30 he
thinks 10 apply your Honor 70 send the Indictment,
as regards the Others also TO the same Court OF oyer
and Termper The Bible says that They we're lovely
in their lives. and In tnsr deaths tnsy snai, not 90