The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-21

| charges? A. No, sir.
Q. You have never been asked to give bail on
these charges2 A. No, sir Q F.-
Q.0Do you know how that came to pass A.
tAfter pause. 1t may be that the parties know /
am here and am not going to run away.
Q. Have you never heard Of an arrangement that
they were not to proceed against you il you gave
testimony against Mr.. Hall and Mr.. Tweed9 A.
There Is no such arrangement in existence.
Q. don't ask you what is in existence. Have
You no impression that the lenity arises nom the
testimony you gave and are to give against Mr..
Hail and Mr.. Tweed9 A. know that unless tell
the truth am in pretty bad nix. (Laughter.)
O. Are you not aware that unless there Ia some
arrangement to protect you, you are liable to the
! consequences Of what you sayf A. am aware
that must tell the truth.
WHAT HE BELIEVES.
| @. Are you not aware that your answers on Fri.
! day establish crime against your A. believe
am slightly cuipable, but tell the truth regardless
OF consequences; never thought OF consequences.
Q. DO you want the Court and jury to understand
| that you had no thought Of the consequences to
| yourself when making your statementss A. Gm-
petuously) didn't care about myself, and don't
| now. What can say more defnitep am telling
the truth, regardless Of consequences to myself
| O. Then you want the jury to understand that
there is no arrangement by which the conse-
quences Of your testimony on Tuesday shall not at
tach to your A. Arrangement with whoY
Q. Answer my question:. You know very well; I
Mr. 0'Conor told me ii told the truth on the stanj
and they were to be the judges, no harm would
| Q. When was thata A. In January.
Q. What did you mean, then, by saving that you
quencess A. I mean am gone; am lost; unless
tell the truth am 2 lost man. Gaughter.)
q. Who are to be the juogesY A. They.
o. A. Vlo Z
q. How can they all hear what you say A. 1
suppose it is Mr.. O'Con0r. vn ,Ve
z. When did he tell you A. spoke to him
| twice at his house after came back.
9. Didn't you try to conceal your arrival A. I
| O. Wasn't there an effort to keep it still A. I
| kept still myself
q What steamer did you come bys A. l didn't
| O. How--you didn't come on telegraph wire
A. I came by express train from Boston.
q When you lett Europe what point did you
O. Where did you san from and when A. From
Q. Under what name did you registerY A. An
drew Jafers that is my name.
j. = Part q your name A. anything wrong
You see travelled very quick. s1al1 II ta efrl
Q. You lett in septembers A. was driven
Q. Under what name did you leave by steamer
A. My brother took my ticket in the name or Nc
q. Alter you were baptized Mcdonnell you didn't
3gdge-Ihat is an improper question, Mr.. Coun-
.isuppose if said 'christen" Your Honor would
judge--Yes; you must put the question prop
q: When did you take the name of Jarerss A.
Q. That is In Switzerlandq A. Yes
e We're you aware that there was no extra.
dition treaty with switzerlands A. There is, and
Q. Does it cover such offences as might be i'm
q. BY what steamer did you leaveY A. The Mes.
Q. What was the date Of your arrival at Halifax
A. l cannot remember without looking at my
q. And you don't want to look at your diary
about the letter to the Sheriff. rp
Q. Were you disguised In any way when you
touched heres A. Except the side whiskers were
grown hadn't been shaved.
whlsKers growY, A. Ne, sir; but the snavers are
NOT good ever there. Laughter9
The witness stated in reply to further questions
he arrived there in OCTOBER 1871, and renamed
over month, ana then his wife went back; he
wished to come back to this country, but was
afraid until he should have some chance to explain
HIMSELF he wrote to hts brother John, In this city,
sending him some papers in extenuation, to be
given to his lawyer, Mr.. Gilbert, be used in de-
tending any suits that might be brought; William
Kennedy, OF No. Pine street, kind friend sug-
wrote him about tRe AFFAIR, telling him that he had
seen Mr. OConor, and to come home and tell the
truth.
Counsel-There, now, we have it. When you
came here from Boston was your name on the
| trunks A. cannot remember.
O. Where was Mcdonnell put on the trunk A.
don't know; my brother put it on Il was stopping
in hotel at Hoboken three days before the steamer
Mr. Ss knew
| left my house did not send anybody out to re-
connoitre, but went out to see my mother, and
| passed your house twice that night. (Laughter)
| My neither lives in Flftieth street, near Madison
avenue; 1 went out from the hotel during the day
| time; no name was gwen; OH yes, my brother-in-
Judge Davis suggested that 1t was sufficiently
established that the witness went away to evade
| proceedings against him.
Counsel said he wanted to show that the witness
ing to see him, and that 1t was fears suggested by
| his own guilty conscience that drove him away;
that he carried ad large quantity IrMS, Of
with him, and showed 1t on the steamer, and that
he instructed his brother to turn his real estate
| into gold, and that an arrangement was made that
he was to come back and testify in these cases, and
also that he was to be protected.
Judge Davis said the flight to evade process, the
| return and the arrangement under which he came
| back were sufficiently admitted and the Court
could not sit there to hear it pursued any further
! 1t was 80 transparent that he would charge the
jury that the evidence has to be viewed as tnat of
| man who testified under promise that he would
| Counsel said he had a right to show that the At
torney General selected the guiltiest man OF the
4 lou duQ pTOmlStu Hltn D paruOu, WlJnOuL coming
| here to get the consent Of the Court
| Judge Davis sad the Attorney General had per-
| foot right to do SO.
| Counsel said he could demonstrate to any Court
that the Attorney General had no right to appoint
deputy to make the arrangement
Judge-I cannot allow the subject to proceed
| further.
| Q. Was not your wife addressed on the steamer
| as Mrs. McDonnelIS
Judgc-There you are going into it again. What
| possible advantage can there be in gong for an
hour into the little Incidents OF his voyageY He
| tells you he came back under an arrangement to
| be used as q witness.
WHAT HE HAD AGAINST TWEED.
Counsel am going to prove that when he came
back he said he had nothing against Mr. Tweed,
| but That Mr.. Tweed would not see him, and thus
| falsify his evidence as to conversations with Mr..
| Tweed and to show that his own actions prove
him to be the principal actor and that nothing but
| hia ny nj Oui drov