The New York herald., 1869-05-20
NEW YORK CITY.
The COURTS.
UNITED STATES CIRCUIT COURT.
The Davis Perjury Case.
Before Judge Benedict,

DCiOAc JuuSt bcucuASL
The United States George B. Daris-The trial OF
this case was resumed yesterday, the prisoner ap-
pearing IN court free from all the excitement and
perturbation Of mind exhibited by him on the pre-.
viOus day.
Mr.. Lepaugh counsel for the defendant, deemed It
his duty however, to object to the trial proceeding
urging that his client was not in proper state OF
mind to be put upon his trial.
The Court Overruled the objection and directed the
case to proceed. The first witness called was
United States Commissioner John A. Osborn who
testified that the aidavit made by defendant before
Justice Dodge was read to defendant by him lwit.
ness) on the llth day OF June 1865 and he defend
anti then swore and subscribed to It, warrant was
issued on that affidavit, and on that warrant Col
rector Joshua +. Bailey was arrested and subse-
quenty held TO ban on the charge contained IN the
ahdavit examined and discharged. charge was
then preferred against the defendant for perjury and
witness issued warrant Tor his arrest, and after
examination on the charge OF perjury held him to
await the action Of the Grand Jury.
Joshua f. Bailey, Collector of the Thirty second
district sworn and examined:-He testified that the
defendant Davs was at hls office In october, 1867,
when he voluntarily made statements to him (wlt-
ness about the firm OF Jones Co., wholesale whis-
Key dealers, and IN which defendant was sales
man; defendant at that interview showed plain
Mh wh,on plan s,.e representing layers OF pipes,
tween the stores OF Jones a. CO. and the stores
OF Harris, Games Co., connecting the distil,
the latter; defendant at the time said that there
a good deal OF excitement and Watchfulness
exhibited at the premises of these parties and that
he was AFRAID 10 go there alone but that if Mr.. Bal
ley would send an officer TO protect him and some
one to do the digging he would go down and expose
the frauds which he alleged were being there CON-
mltted he also said that he did not wish to have
Jones 4 Co., his employers, suspect that he had
made these statements against them voluntarily, but
wished to be placed under arrest; witness put him
under conditional arrest, 1t being understood that it
was only ior appearances; the affidavit made by
Collector Bailey in reference TO the two concerns
OF Jones Co. and Harris, Gaines & co. he
merely made on Information and belief aud
on the strength of the statements made
by the deien liant, ana which he (delendant SAID
lie was willing 10 swear to; on inquiry the Collector
ascertained That the defendants charges against
Jones Il Co. ana Harris, Gaines Co. were altogether
unfounded, and no action was taken in the premises
and no further attention was pald by him to defend
ant; the latter however, six months after these
currences went before Justice Dodge at the Jefferson
Market Police Court and made an AFFIDAVIT OF perjury
against Collector Bailey, in that Mr.. Bailey had
sworn falsely III the matter of Jones Co., although
the charges made in that only sworn to on
knowledge and bellies emanating from what the Col
lcctor had derived from the complainant in that case
himself; witness was arrested and the eXarnlna-
tiou that followed resulted III the impeachment Of
Davis, his arrest, examination and Indictment by
the Grand Jury and the present trial. The foregoing
facts were ected from MIR. Bailey's examination,
and the case was adjourned to this morning.