The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-15
EkIIEp STATES COMMISSIONERS COURT.
Alleged Opening of Post Office Letter-The
Original Defnulter Admitted as Witness
Against the Subordinate.

Alleged Opening Of a Post Office Letter-The
Original Defnulter Admitted as Witness
Against the Subordinate.
Before Commissioner Shields.
The United States ps Dudley Chtttenden ana VII
Tam II. Hi00ins.-The defendants In this case were
originally charged with opening letter, the pro-
perry of the United States and extracting thererom
valuable papers, checks and drafts. The defendant
Chitienden a youth, was accepted as witness in
the case, and the examination was decided as the
alleged criminality Of Higgins
william H. Howell, sworn. deposed that he lives at
Freehold N. j.; is cashier OF the Freehold National
Banking Company; on the 2sth May last sent letter
to the First National Bank Of New York; there were
enclosed In 1t five checks and one draft; these are
the checks and this is the draft refer
to (cnecks and draft put In evidence,;
saw that letter again, but the contents
subsequently sent to me IN registered letter
sa me- That he WROTE tSe aera
June IL and 20, and marked Exhibits E; the letter
OF June 20 contained the returned checks.
James Gayler testiies:-f am special agent OF the
Post ONCE Department; know the Defendants; on
the LIST OF June last was called on by the previous
Witness as M S ana ne s Sad informed me Of
First National Bank Of this city; made a search
find it; about the 18th June Mr. Howell called again
and showed me the letter referred In his testi-
mOny marked EXfllblt u informing or the where
abouts Of the missing checks; Mr.. Howell wrote
an answer to that letter in my Office according to
my directions. and mailed it TO the party who had
addressed him on the subject OF the checks on the
9th June Mr.. Howell brought the second letter
exhibit 81 to me; 1t was signed A. l.. Nobleman;
to MIR mow
him that registered letter lay in the
Post oace for n% the proprietor Of
Il Co.; the Goth June 1869, ] was in the Regis
try Department OF the Post ONCE, having detective
officer Wallng with me; about half-past two O'Clock
that afternoon the defendant Higgins called for a
letter. when the registered letter NAMED by Mr..
Howell was presented to him, and which he took
and signed receipt Tor it receipt produced signed
A. l.. NoblemaD); the clerk handed me twitness) the
receipt and at once accosted the defendant and
asked him to step into my oiice Higgins at once
came into the ONCE and Immediately alter said ~
suppose you wish to know how / came into
possession Of these checks," this was volun-
voluntarily made the following statement:--He said
he had been private detective aud deputy sheriff,
and referred to officer Wallng for the truth of this
statement. He SAID he was travelling on an Eighth
avenue car and saw suspicious person in the car;
he kept his eye on this party suspecting him to be
pickpocket that when the car stopped lady pas
senger began feeling In her pocket as though she
had lost something. lie defendant HiRgins) asked
her If sne had lost anything. and she said she had
her he knew VINO had II. He then ina
medately started In pursuit OF the party
whom he had suspected, and overtaking
him accused HIM Of picking The ady's pocket. Wit
ness said he insisted upon accusing the man whom
ne nau suspected ana threatened 10 search MN.
The latter asked not to be exposed, and they walked
to the Brahdreth House, where the wan handed TO
witness several articles, and annoy others these
checks, which he said he found thee higgins said
he did not believe the story, and the man then SAID
that II he Higgins suspected him OF having got
them dishonesty he might keep them. He then took
the checks and let the man go. subsequently he
watched the HERALD every morning, expecting
to see reward offered for the checks,
and finally he wrote to the bank. Higgins ackuowl-
edged to witness that he had written the two letters
put in evidence and had marked Exhibits and
8; said his name was Higgins, not N0beman
ana that he the employ Of ). b. Chittenden "
Go. as salesman; examined the letter boxes and
found the boxes OF S. b. Chittenden and First Ma
tIOnal Bank were one another; arrested the de-
fendant Higgins, the same day.
There was nothing important to the case for the
prosecution Oh defence ELECTED In the crossexamna-
ton OF the witness.
Dudley Chittenden, one Oftne defendants, young
lad Of about seventeen years OF age and nephew OF
8. Il. Chittehden, merchant or this city, was
examined:-i am employed In the house OF s. Il.
Chtttenden h Co.; part OF his duty was to get The
mail at the Post once; In the latter part OF May
Ccived letter at The Post Office addressed TO the
First National Bank Of New York; 1t was given to
me In the letter bug OF 3. b. Chttenden Co.; saw
the letter thus addressed before he left the Post
ONCE: the bag was hantied to him by the delivery
clerk; took the letter Of the bag and put IL IN
my pocket; took the letter to the store and showed
II to Higgins; told him.l had found 1t on the floor in
the Post ONCE; / had previously opened the
letter.: Higgins said should not have opened 1t on
any conditions; told him thought would take IL
Gown to the bank; he said he would not, under the
circumstances, advise me TO do that; that would
DC questioned about opening It and would probably
De arrested on the spot, and that 1t was state
Prison onencc he tlIggins then advised ME to keep
the lcttcr a few DAYS and watch the papers, that
propaDv reward would be for offered II uad could