The New York herald., 1869-05-27

ing on Forester when Alien came up; he
six seven inches, slmly bulIt am ave ieet eight
ana hali inches; when Allen came mp lie said,
You son OF 6itcn what are you dong r' got be
tween me anu my prisoner and separated US; the
crowd was still around US; Allen remained several
seconds, but did not touch me after the rescue OF
rushing IN and separating us; did not call Tor help
before Alien came up; after that spoke TO police
while Allen was there said to the oficer that Allen
mad rescued prisoner from me; did not give Allen
nsS MtS AZ for mat %sns INTO the
was told Forester had taken refuge
there several persons SO informed me Allen ordered
man to take me out; the policeman said, Come"
and left; the policeman was stil about; when Ser
ssans asn yUu H5aesed Allen " SAD IL msFs
you sick for ths;" did not say to him "Come out"
nor dld say that Forester mad stolen my pocket
DooK; dld not request Sergeant Christie TO arrest
Allen; when the arrest was made we came to the
station house, where made charge against him Of
where the case was heard; Allen did not make q
cna cnarge against me Of assault and battery
Justice Ledwith; / next 'ss saw Alien Alien on the
following Sunday, and conversed about how Forres-
Ter got away from me- it was on Mercer street near
have seen Allen several times since before making
this charge, which is the same that made against
Christie or anybody to take Allen in custody; have
been looking after witnesses ana for this reason
have not pushed this case before see several per.
to. Here John F0ggins and william Welsh were
requested by Allen's counsel to stand up]
here ami testify against Theo. Allen and promised
MIN $60f A. ! never did; never to my knowledge
Q. How about the other9 A. The same answer.
G. Did you offer any lady money! A. did not.
e Did you tell any one In this room that Allen was
o thief murderer, and burglar. and you wanted to
get him sent up, as he was detriment TO your bust
nessf A. never made such statement.
Then foggns. Walsh, Charles +. Ludour, John
Leonard and owen Reilly were requested by pri-
soner's counsel to stand up.
2. Have you been to either Of these persons and
solicited them to come and testify against Allen2
A. ! have asked Reilly; he Is the only one recog-
nlze may have asked the other gentlemen, but
don't think did; spoke to SO many that cannot
recoect all; never offered money to any except
that told them would pay for their time, but did
to what they saws Kelly said he saw the row on
the street; did moi oier him any money except pay
Q. Did you go to the houses on both sides of the
street Allen lives on and ask several OF the inmates
this case! A. have never asked anyone to come
and testify against Allen, but 1 asked several par
ties TO come here and tell what they knew about the
circumstances.
@. Is Mr.. Bangs your superior oficerP A. He is.
Q. Do you know that about ten days before you
raut against Bangsp A. do not; never heard
Bangs talk about II.
@. DO you know that Forester was;convicted OF
burgla y? A. don't know OF my own knowledge,
except that they very ready to take him off my
hands at the Joliet Pententary, and he has told me
In answer to numerous queries as TO his authority
as deputy sheriff witness stated:-I was never ap
pointed deputy sheriff In this county. l was
given this warrant for the special business
named. This instrument is the only appoint
ment l have received in this county from the
Sheriff. except another OF similar purport in
like case; have read this warrant; my name Is not
on the face of it, but 1t is on the back, in the follow
ing endorsements
Richard F. TownIey is hereby depntizedto execute the
within requistion JAMES oBRiEN, Sheriff.
MARCH ], 1853.
This is the only authority upon which arrested
have been made special deputy sheriff IN this
county.
Redirect resumed--At the time Allen rushed in to
the rescue l had hold of Forester; we were not
scufing very hard; The agencies of our concern are
in Chicago Philadelphia and New York. (Witness
here gave some unimportant particulars as to the
business Of his emplOyers)
o. You stated that YOU were confined in the
Tombs at tie instgation OF Allen for three days.
State the particulars fully as 1t has been endeavored
10 be shown that you were convictedf A. Another
suspected OF being implicated in the robbery Of the
Merchants Union Express Company; he was going
down the street with Allen and we followed them.
Mr. Decosta stated that by this evidence he wanted
to show that, to use police parlance they were
shad0wlng Alien and Sturges, who went to the onlce
ofAllen's counsel here, near the Tombs, that Allen
rushed out, struck T0wnley, got him arrested and
hurriedy committed to the Tombs by Alderman
Conan, where he was instantly released three days
after on q habeas corpus.
the lact that tue witness was instantly discha rged
on habcas corpus was paiaa ydcia evidence Of In
nOcence.
THIS closed the examination OF the complaining
witness, and the further hearing was adjourned
til next Tuesday, at three O'Clock.
Allen has some twenty witnesses TO put on the
promises 10 he Interesting ere it is concluded