The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-30


nine O'Clock on sunday morning; don't recolect
asking him. but can't be positIve; will not say
did not but never sent any one to ask him;
might nave slept from three to five O'Clock on
Sunday morning; Judge that I went out at six
O'Clock; did not look at clock; know 1t was nine
when returned; looked at the clock; Mr.. Storrs
was coming to do some writing, and wanted me
there at nine O'Clock; walt In the office until
q man comes to relieve me; has heard Baulch CON-
him responsible about thar door; heard MIN say ne
d,unt want any more trouble about it; heard there
was trouble about the latch never heard of Hagerty
finding man drunk there; don't know that there
erty at the time Of this occurrence; it was the bust
ness OF Baulch TO look after the building when ne
" nse snST e ns psse
not there at ten or eleven O'Clock; It Y not there
now. unless 1t was put in this morning. cannot dc.
saw say Whether lie had hat on the pane WA rosed
glass; detected the break in the morning. the blot
ting paper pasted on the outside: don't think
could tell II piece was out BY looking from the
outside
Mr.. Rafus Andrews was the next witness.
District Attorney GARvIN-YOu are a counsellor at
law, Mr.. AndrewsP A. lam.
Q. You made an examination Of papers In the new
O. when was IL? A. cannot remember the day;
1t was before this examination commenced; the day
before It commenced think.
@. Where was this examination made? A. In the
upper part OF the new City Hail. In what Is callet
the new Court House; 1t was In room next TO the
PRISONERS OoUNsEL-Was II on Thursday A.
think 1t was either Thursday or Friday.
space, was it, Mir. AndrewsS A. It was in an OPEN
space next TO the roof and where the papers seemed
to Pc 6G 'o y1 se aG I'm the s ssas; nere
I. Ashes OF coalf A. Ashes OF coal ami wood.
q. Was 1t place occupied by any persona A.
No; 10 was simple open space; ] should think 1t
was twenty-five feet by one hundred; next to the
q. What was in that spacea A. Lumber and some
:, g NOW, state who were with you at the time Of
B is ann a andrew resn Mr. MICS
q. State what you found there. A. found on
examination Of the ash heap large quantity Of
refuse paper; found some pieces OF tape, and the
appearances OF seals found one or more papers
together; don't recollect seeing tho remains Of any
printed paper; the fragments In the box produced
Cross-examined by prisoners counsel:-Q What
Going up the stairs on the west side Of the building
coming to the top Of the stairs the space is open.
there IS another stairway but aont know that ihs
space can be reached by that; don't know how the
o. Anybody could 60 right to It If they were inside
the building2 A: They could go right to 1t If they
O. Did i I You bring anything more away than the
contents Of these two boxesf A. Only those two
boxes.
Q. Have you had these boxes In your possession
ever SINGER A. No; when found they were taken TO
the Comptroller's ONCE and were locked up In the
O. When were these in your possession again9 A.
On Monday the 25th; they were here in court and
were taken away by Mr. Bostwick.
Wick s9 Is he not Deputy Assessor under Mr.. An
drew Beeckera A. don't know.
known him by sight for several years.
@. How long were you engaged IN this opera
ali that were brought away, ana ali That we con.
sidered would be useful.
q: Did you call upon Mary Conway while she was
Q. Have you conversed with her at ALL Mr.. An
Grewsa A. Yes. conversed with her at Mr..
Beach's ONCE on the day the afldavit made
When this witness left the stand District Attorney
GARvIN Id"That is the case for the prosecution,
Tne prisoners counsel then addressed the Court,
and opened his speech by saving that we were on
the eve OF very important election In this State
do everything to brighten the political aspirations
Of one party and to damage the political asplra-
details OF these proceedings almost without com
correct impression Of what had taken place. Other
papers suppress the most important parts OF this
investigation, and they take only those for pubca
TnE SENSATION HEADINGS
that they place over these proceedings, aud which Is
evidently done for the purpose Of iniaminG the pub
lie mind against the persons accused. He had always
thought that examinations OF preliminary charac-
or these examinations was to secure q very impor-
liant right to the accused, and which frustrated
by publishing every development to the world. Be-
leving that this Kind Of prejudced publicity was
calculated to destroy his clients rather than benefit
his inVestaaton ana place his Clients by the IN NJ
dictnent Which In all probability would be found,
Seor Mn Would snoT their ais
liverance counsel then referred to the absence OF
the Comptroller on the stand but as this was agreed
would not make any remark upon It. When they
were before another tribunal he would have an OPP
portunity Of cross-examlning that gentleman. lie
linen contended at length that IN the body OF EVIL
dence produced 1t had not been shown that any pa
pers records documents which were placed In
the custody OF these prisoners were those that they
were bound to receive or were In their custody; or
n or Of e ss OF s
vidua. The second point which counsel took was
that
THIS WAS NOT BURGLARY
within the meaning OF the law, because there was
NO breaking Of an outer door.
replied stating that this complaint had been pre-.
sented In TWO aspects-one In the case Of burglary
and the other in the case OF burglary with intent
TO commit larceny. II man breaks into premises
TO thieve. That had been the law for many years.
notall that was necessary was that some persons
SHOULD sleep "a, there ,. At night It did not matter
place for the deposit Of public papers, and it was
broken into, that was breaking that the law pro-
vided for. The District Attorney illustrated this by
stating that II the District Attorneys once was
broken into and an Indictment stolen, although 1t
might make no difference as 10 the trial Of the per-
son charged In that indictment, stl the law recog.
Dzed that theft severely ms though the thief had
broken into that once and stolen MONEY! that
own private use. The District Attorney then
recapltulated the leading parts OF the case and In
referring TO the discovery OF the charred remains OF
the burned vouchers, he said the time had been
when charred remains OF that description had been
made evidence OF the commission OF oTences
the punishment OF which was death. Tho larceny
had been brought clearly home to these prisoners,
and The burning OF these papers, too, had been
brought nome 10 ihcm IL was not for the prosecl-
ion TO make perfect case against these men even
at this Court. All that was necessary was to sub.
init case tnat gave reasonable belief that these
were the meu VINO
pERPETRATED THIS CRIME,
ana present enough evidence TO send Them before
the Grand Jury for Trial. Nothing would give him
greater pleasure tnan To find TINT these men Mer