The New York herald., 1869-01-19

era times; did not answer him tan got 10 the bot
tom q the stairs; then he told me had better go up
no iicuSs about 4; then he DoctSs came down ana
urged me- ana ssd he S would @ p psy me or :wean1s
would get situation IN the Custom House a.ter
this matter was over; ] told him conld NOT do Y,
s & s %so r. SH
l wai very sorry I had gone 90 far as ] had
servles 70 him he Was welcome 70 it; he said had
better DO II and assured me II was al right and
there would Be no trouble about ~ he again offered
wanted me TO DO; told him did not think could,
but would consider over II and Il ] made up my
ten O'Clock nsxt morning; ! did not 60 the 's next
ii Il was was for his swearing before Commissioner
out by the princlpas referred to In the foregoing
testimony, to the unfOunded charges against Col
s snd as s ss s % ss Tas e
Mr.. Bell Assistant United States District Atsornev y
opened tne case for the prosecution and called the
Commissioner John A. Osborn, who testified in
substance that in the month Of July last he was q
United States Commissioner for this court; rec0g-
nizcd the defendant. who made an alidavIt before
witness, which be (defendant) swore to and sub
scrbed that the allegations therein set forth IN the
afldavit were true, and that Lamarune was his
name; the ar1davit In question was made by defend
ant to procure the arrest and prosecution OF
the 9th OF July; the afdavit Of Shaw defendan and
others taken by him at the same time were preliml-
nary to the issuing OF warrant against Collector
Bailey; took these steps aJ the request OF Major
Belknap, who was acting under the advice Of coun-
sci. Mr.. William Fullerton and Mr.. II. r. Knox.
administered In witness ONCE on the Stn Of July;
party named Poweson was present at the time;
ley axo, in company with the defendant aud Powell.
son made an affidavit at the same time with the
same object and intent-to procure the arrest and
the defendant may have been administered to him
at II Broadway; went to the Office, II
Badway n sent s, s s
parties making the information were unwilling to
appear before him at his Office IN the court building;
that these parties being known In the building were
averse to coming here as inforners; the only person
he saw on the occasion OF his going to II Broadway
before leaving his own ONCE was Beknap: suDse-
quently saw Blaisdell and Dupuy OF the Offce II
Broadway thinks that it was on the Bioie he admin
istered the oath In the office II Broadway: Belknap
was at the time special agent Of the treasury De-
partment, but he had no authority to administer
oaths.
Redirect -Blasdell and Dupuy were at the once
Mary Lobsch testified that she resided at 1871 Mott
street; knew the defendants he went by the name OF
Shaw; his first name might be John; was in wit
ness house when he was arrested
The witness was cross-examned, but nothing az.
fectlng the direct tertimony was elected.
Joshua F. Bailey, Collector Of the Fourth district.
was the next witness examined his testimony being
to the effect that the statements made by the de-
fendaDt on his affidavit and sworn to by him were
false in every particular: saw the defendant after
his arrest upon the present charge af
Crossexamined by Mr. Owen-May have seen the
defendant many times previous to his arrest; saw
him at the time he (Mr Bailey was under examlnar
tiOn upon the charges falsely preferred by the de-
feniant; first knew OF defendants swearing an am
davt against him the I'd OF July. 1863; Caverlev,
Fuller and Hall also made false statements and affi-
davtts against him.
Redirect-These parties. Caverley ana Others are
all under n1ctmcnt.for perjury and conspiracy.
Other witnesses were examined, but Their testi-
mony presented no new points In the case, and the
prosecution rested.
Mr.. +. L. Owen then moved to discharge the
prisoner on the gronnd that tine evidence was In
su1cient to sanction the count with regard to the
administering Of oaths.
The motion was denied.
Mr.. Elihu Root then proceeded, no witnesses being
called for the defence, to sum up the case to the
jury, the main point relied on by him with the jury
being. that the defendant had been led to suppose
that he was not taking solemn oath or making a
serious charge against Mr. Bailey, but that he
rose out OF political intrigue, and that his action
In the matter would not be any way Injurious to Mr..
Bailey. Mr.. Root made an able address, with the
very slight material offered him by the case Of his
Client and was followed by Mr.. Bell, Assistant Dis
trict Attorney, for the prosecution.
Judge Benedict charged the jury and that body,
after an absence OF about haitian hour, came into
court with verdict OF guilty and recommendation
on behalf or the prisoner to the en'encv OF the Court
The prisoner was remanded for sentence. and at
i've O'Clock the court adjourned till this morning.