The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-10
A POLITICAL MARES NEST.
The Alleged Perjury Of Naval
Officer Latin.
Working Into an All-Night se.sion-A Lawyer
Skulking Away Cantankerous Witnesses and
Wearied Judge-Acquittal Of Latin.

Wearied Judge-Acquittal Of Latin.
HERKMER, ". Y, July 0, 1871.
At ten minutes past O'Clock last night the trial
OF A. II. Lain, Naval Oficer OF the port OF New
York. for alleged perjury, was called on IN the Herki-
mer County Court OF Oyer and ferminer In this
town, before Justice Dootrle and associates. In
my despatch OF Friday last sent the general facts
as claimed By tue partisans OF both sides OF tho
AFFAIR, embracing also sketch OF the nature or the
case which revealed a very much mixed state or
facts or assertions. The case was taken up ct the
late hour above stated consequence or the delay
occasioned by the closing OF murder trial winch
had preceded 1t, and partly with view to finishing
up at once the business OF the term, other case
remaining be tried at this sitting. In my previous
despatch stated that three or the attorneys who
had defended the civil suit brought by Byron
Latin against the Hartmans, for the recovery OF
the North Carolina bond. which was the origin
OF this muddle, had appeared before the Grand
Jury and tes1ed, and that upon their evidence the
Indictment against A. II. LaGin, charging the CON-
mission OF PERJURY was mainly based. These three,
attorneys wcro J. A. and A. b. steele and Morris
Fixes.
When the case was called District Attorney Mills
asked that the name of Josiah A. steele should he
called he having been already summoned as q WIT
ness. Due proclamation was &C once made by the
crer but Josiah did NO. respond, and the Court Or
dered an attachment TO issue against him. IL Is buG
proper to say that J. A. Steee had FOR hours pre-
vious been searched for and could not be found.
and loomed up the probability OF lzzle IN the
prosecution. steele had oeen the prominent W.T.
ness before the Grand Jury; he was lawyer also,
and knew the value OF prompt attendance OF wit
nesses, but was nowhere to he found. lie was evi.
IDENTITY sknlking away, and merited all the abuse
which his absence evoked.
District Attorney Mills then arose and made very
brief opening address, stating that the case was an
unusual one, required careful consideration, and 1t
struck MIN that would be- well for tue jury 70 con-
slider what they had to do. He hoped That all intI
nations or intinidations thrown OUT upon u etner
fur rs he was able, To do his duty III candid ana
impartial manner. He desired all exlraneous mat
ters aud opinions to he laid aside ana that the jury
would DO tnetr duty STRIFE y according to their oaths
lie then gave brief resume Of the lacts as alleged,
Introduce documentary evidence the Judgment
roll In the civil action Tor the recovery OF me DOndsi
Morris Fixes was called as the first Witness.
He testified as to his professional connection wlth
the civil snr and to the TACT that the prisoner az
the par gave evidence III that suit on It's trial. on
or about June 10 last Al last the nam question in
the direct examination was reached, as 10 whether
on the trial A. n. Lanin. VINO was called as wit
ness had TESTIFIED that the bond mad never been
out OF his pos esslOn until he missed 1t and next
heard that 1t was in the possession Oh harsman' IN
HerEimer.
q. Did Mr.. A. a. Lann testify anything further
S Se w. o No. steele as
whetner he had let anybody else have IL. and as
far as can say from memory he SAID 'No;n tllnk
In connection with that question question was
asked whether he did not let man named TANNER
have tue bond, and that he SAID NO"
Then followed IA very lively cro's-examlnaton, IN
which the witness irritated tho counsel for ference
mr. smith) considerably by giving him very eva
sive replies The matter became repeatedly SUD
Ject Of appeal on the part OF Mr. Smith 10 Judge
Doorttle as whether the witness should or should
not he compelled TO answer the question explicitly
This question, repeated score OF times over, Was
as 10 the nature o, tue witness recollection oil the
question having been put ana answered a. Claimed
the DRIFT of 1t that witness mad KEEP notes OF
the trial. and would only state "a, matter OF recOl.
lection, that he believed the question was put and
answered in The negative; he had no direct knOwi-
edge now as TO whether MS minutes con-
tanned any such recreace; MS general m re-
were not Iul on any point; he supposed tpose MN
uies were Mr. Stecle's oitlce; ne thought ne
looked at them before he gave evidence before tue
Grand Jury; he cave II a. a matter OF recollection
that they dd contain reference 10 the lac. Oi part
ing possession with the bond, but not of the giving
OF II To Mr.. Tanner: that was his BEST recollectiOn
but to saying positively what paper drawn IN
the ONCE contained lie could Only say lhlt " was
matter OF recollection; he was At the Post once ana
the sheriff SAID the Grand Jury Wdhed hini, ana be-
fore going lie looked at the minutes to see %hae
they cor tanned; lie knew before ne .ooSed q, tneu
what MIR. Laflln had tesned 10 usG as well
as ne knew now; he ala recOhect az
given; MS recollection was that question was pus
as 10 the .lving Of the bond oCoone TANNER; could
could no. say positively that ne feconec,eo lnat 'ne
question was put but he would say tnat IL was, as
a matter oi recCsecon; E" say that 1t IS positive
| fact so lar as my icco lection goes
o, DO you reCcolect as positive iact tlat MT.
! STEELE nut tnat 0ucs, ion M. Laint A. do Ie-
| collect Il; think AR. Larn said NO 10 the que5-
| fion. would ray So positively that ne SAID clearly
] "Non as am certain that mat was The IN resson
qot The examination OF the witness was qClte
lengthy; but owmg 10 ms ev u ana tu a enes
| TONS Nothing further VI any real interest," Was
eicited from MIN. ,
a somewhat similar way, out was less STUBBORN:
HIS evioence substantially similar to mat OK
Fiske's but Steele also SAID that lie had kept min
ules OF the trial. ana that they were IN has office.
BY request OF counsel he stated that ne would BRING
them 10 Coart but toward the close vi the case ie
appeared and reported MS inability To nnd the notes.
Tne next witnesses were Lew FrayicA. of Liule
FAILS and Arthur na'i1I oi MEM , mnc n
Their testimony In the direct ana crOsreAeih'na-
lions, was lengthy. but the man iact was 10 ,ne
effect that Lain when testfyg oe ore them IN tho
eliOrt 10 have the Harmans Indicted. TESTIFIED tiids
after taking the bona from Byron he naiided II 70
Colonel Tanner WHO retained possession Oh u tor
some days or weeks; also that no one hal ever APP
pearcd as complainant before the orand JUICY
against Latin, ana thar they the Grand Jurors nad
not previously canvassed the matter.
Here the prosecution rested, ana Judge Dooltte
woud nj once have dIsl osed OF by directing
the iury TO acquit the defendant; but Mr. Lahlns
counsel insisted Oh going before Tue Jury eiininS
that they did not Wish me re'ease Oh ineir q en-,
ity. MIR Lanln desired deliverance on tae merits
OF his case w!sed the verdict ora jury to stand
Tne Court at last Welded. though reluctantly, as 10
was now nearly ten O'Clock at n.ght ana 1t was evi.
dent Is everybody mat no conviction could DE had
on such testimony a. was IN.
Samuel earl then opened the case for deren liant,
characlerlzn4 u az Il REMARKABLY wicked prosccu-
ton and that IL was absolutely ana unqudlineuly
false aud malicious.
had presided the trial ol the civ SUIT. Tue Judge
produced his book contaiuiiis minutes, al Kept py
himself Of the evidence gwen and redd from u Tue
testimony Of Ar. Lain. IN WHICH no such statement
a. was alleged 10 nave becn made appears. Tue
Judge also testified that 10 TIE test OF ms recOec-
tiOn anu Deel no sucn question was ewes asked Oh
Mr.. Lain, and no such answer. or any answer 10
that effect, WAS made by MN. CroNS-ex IA iilnatl0u
did NOT hurt the JUDGES evidence particle.
-Four OF the pelit jurors VINO sat in judgment on
the trial OF the civil cause were then examined and
testified that they did not near any such evidence
asked for and tnat no reply 70 that effect
was given. The defence showed disposition
To call other witnesses and stated tnat tDo
whole twelve lurymen were to be examined; but