The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-02
SUPREME COURT-SPEClAl TERM.

SUPREME C0URT-SpECiAl TERM.
The Pacific Mail Alleged Perjury Cnse-Con-
tinuation Of Testimony.
Before Judge Cardozo
William MOSer Us. James a. IOlhanluS, Eugene
j. Jackson ana O'Brten Shey'iF-Ths suit, which is
brought to set aside judgment obtained by the two
first named defendants against paintiff alleged
transaction in Pacific Mail stock, amounting to about
$130,000 and which has been previously reported in
the HERALD, was resumed yesterday
Charles Madison, the person who made the joint
afndavit with william L. Brtton, was the first wit
ness called and testified to facts which in the main
features were embraced in the testimony Of Briton
taken yesterday and alyeady published.
On his crOssexamnation witness testified was
arrested about year ago for procuring a whiskey
bond for a friend OF mine named Barber; there
were two bondsmen on one bond; think the
amount Of the bond was $4,000; could not get
$40, 900 each; one OF the bondsmen was Hubbel and
the other Elliot; Hubbell lived In Fulton avenue,
Brookiyn Elliot was employed In Mercer street; Bar
Der was only casual acquaintance OF mine; cannot
say whether was indicted: gave bail In $4,000;
Mr.. Van Worst was my bondsman; l knew Van
prospect Of my arrest in consequence Of this affidavit
] made; would sooner have died than have asked
world; Raphael told me that detectives were follow
Ing me; he told me all that had done on that Satur
day and every place that | had been; detective
came to my house and left slip Of paper with his
1.-THE deective's name II, and appointing an inter-
Siew at Mr.. Stoughtons office with Mr.. Britton the
detective said he came from Mr.. St0ughton's nice;
do not remember the name Of the detective; went
TO Reals office TO see HIM about Russell File Compa-
ny's stock there was no transaction effected; do
not know what Russell File Companys stock was;
believe the company has since burstt up; ] was
hamus Jackson had an Office In the same building;
l overheard conversation there about Pacific Mail
stock; heard Jackson say to Rea that he knew
him to bring In Moser and make him party; they
could recover from Moser and he Dackson) would
make IL worth while for Rea to do so; understood
this conversation was proposition to give false tes
tmony against Moser; cannot say that II shocked
my sensibIlties much; did not know the merits OF
the question and thought IL was merely business
transaction, had not the same confidence in HIM
afterwards; could not tell a single feature about
the person who passed out and who had been in
versation with Rea, except that he was about the
height OF Mr.. Jackson; asked Rea afterwards how
that matter between him and Jackson was and he
said II was all right; never told Rea l had over
heard this conversation until last April; told Brit
ton, but no one else before that time; at the
Interview with Rea week two after
the conversation was overheard / told him
that we had overheard the conversation
jackson. and he said, "All right" the affidavit !
swore 10 before notary in Wall street was drawn
up either by myself or Britton, don't know which;
the second one was copied by some one else ana
brought to me by Rea: Rea made no inducement TO
me To make the second affidavit; the fact that II might
be matter OF justice to Moser had nothing TO do with
IL. (Mr Brady here read the witness and Brtons JOINT
afdavit denying the facts set forth in former am
davi made by them, and witness replied that these
contradictions were correct and true.) am ac-
quainted with Kimball, Carroll Potter; have had
brokerage dealings with them and with lIrittOn; we
have never endorsed paper for each other for specu
lation; some years ago endorsed paper, think, for
Britton.
ON the redirect witness identified the paper left
by the detective at his (witness) house; before
signed this affidavit was told was indicted over In
Brookly, and that whichever way went the indct-
ment would go; was told that Jackson had the
Indictment In his pocket.
Re-cross-examined-This conversation about the
Indictment took place in Nesey street between Jack
son and myself may have mentioned this CONVEX
"A 10 IA. rn-1n I'm
Britton Of II.
Edmund Kimball was called as the next witness,
and being sworn testified that he resided at No. ia
Scnerlnerhorn street, brooklyn, and had been In tho
shipping business IN this city; was witness In the
case OF PolhaInius Jackson VS.. Moser papers
producedl | signed this paper the first am.
davit, made by me ON the second OF June;
J the paper for the first time at Mr.. Sandford's
once after the AFFIDAVIT was drawn Mr. Madison
called az nv house and said Mr.. Raphael wished TO
see me next ino,n ming, went and was told by
Raphael that Madison and Brton hal made counter
afidavits, stating that they had never overheard
these conversations; told hun the conversations
did take place as had testified to: he said 1t must
have been between some other man besides Jackson.
and wished me 10 make a counter AFFIDAVIT To that
effect; he said Jackson had detectives after us all
the week and would arrest account OF that
afdavit he then asked me to 20 To Saudford's ONCE
and make counter affidavit. and | said would 90
there and II he was satisfied the first AFFIDAVIT was
not correct would do ": then went to sand.
fort's Office and was introduced To Jackson: Raphael
said the papers to arrest ~ were made out amt
would he arrested II We dill mol make the aiida-
Wis., Jackson told me he did not nave the conN ersa
MED II and said the conN etsat,On was not between
HIM ana Rea; told him then would make the az
fidavt that the conversation was not between nlin
and Rea; after few moments this aitdaNh was
brought and signed ~ 10 Keep from being arrested:
Carroll was moi with me then: the aiiiaNtt was read
10 me anu signed ~: the notary VINO swOre me was
at Sandiords Office: Jackson said he had detectives
IOllOwing us: he said ne had twenty aud two
women: he said one OF them, woman, followed me
to church the sunday before aud sat IN the scat he
hind me: Jackson SAID he had political influence and
money power to protect me from all harm. he said
this at Sandords office: ! made che AFFIDAVIT,
believing what he told true. that he had
sworn before the referee That he not IN The con.
versation and then believed was mistaken ~ the
person; objected to statement in the ailidaVl that
had never heard any such conversation ana Jack
son explained II by saving It referred only 10 the
In regard TO that conversation not dictated 10
me; Jackson wanted me TO say nothing about This
last AFFIDAVIT, and not 10 near vi. StOugitOn or
Mr.. Rea: | have never 10 this day spoken TO Mr..
Moser fpaper prOducedl: the 6fh of jane
swore 10 another AFFIDAVIT; believed when
would be arrested: made this andayit on Juar 8.
because thought the first afldayit stated more than
I knew, and went TO tTr to yet bdrk thC OiNcr; !
asked Sandford for it the answer was that ne would
not give ~ up: then swOIe ~ THIS second one aud
told Sanford and Carroll wanted to substitute TINS
for the first one he TOOK II ana said ne would OOk ~
over: had no information that some one must haye
persOnaied Jackson IN the conversation, az stated M
this anl1aVt or that it was triCk Of Rca's. except
the statement of Jackson; when made TINS aildaNt
beneved the first one would he used unless this was
eatisiactory ] recollect that IN CarrOns ahdaVh
there was a statement stricken out
At the close Of the direct examination M. Brady
facts which " would be TEDIOUS TO recapituiate. but