New-York tribune., 1873-12-15


he said he did and looked aud said that there
was no entry the book that was the only eonvesa-
ton had with Mr.. Daggeti In regard TO the matter.
Nj Daggett Upder-Sherif OF Kings County, testified
positively few days ago Mr. Britton requested him
not 20 remember he time he commitment receiced
and asked hins 10 tel Tho7s" He had. according TO
this witness who gave his testimony in clear, intelli
gent straightforward way expressed anxiety nat all
record OF the when this document left at the
sheria's Office should be destroyed.
A scATHTNG CROSBY ANIMATION
Henry l. Clinton cross-cxamined the witness most
rigdly.
am certla that drew exhibit E on the evening
Of Oct y read that he should stand committed until
DISCHARGED according 10 iaw; 1t dd not 10 him
That evening mat the tme should Oe limited TO 30 days;
al the time Mr. shauks was before tho BrOokyn oyer
and Termner It had not occurred 10 that 1t was
necessary important that the length OF mis- commit
mcnt should be limited; the question whether or
not the order sufficient 10 hold him did not
enter my nlnd until after left the court that
day. don't remember when first had doubts OF the
rsucicncy OF the order; had doubt 10 whether
either OF them might not be correct until after the
argument IN New. York Judge Gilbert and the two
Oas evening prepared the record of conviction and ON
that morning signed IT, IL then being the form
when had drawn t; nowhere in the record OF con.
viotOn mention allusion made TO the length of
time 10 winch Inc commitment should DE limited.
Q. Mr.. Br1tion, YOU know that Mr.. shanks was COM
mltted on an orders A. Yes, assumed 50.
q. Then that order "a cOmmitmentf a assumed
Nj. sbanks taken TO Jail.
O. There was other paper prepared at the time you
@ Did You believe that the nrst commitment IL.
legal when you drew second Ouet A. nave answered
that question two or three times already.
. Well you changed your mind az some time didn't
youi A. have told you four times thai did
u. Iou can only tell that some time you changed
your opinion as to the legaltiof a commitment py
Q. Now its important to find out when changed
your mndf A. I've told yOu five times already; re-
fuse 10 YOU again during the afternoon of the
her that l saw them that the term Of Shanzss in-
prsoament limited IN the paper purpurting 10
a 10,
! read the following morning early O'Clock, in
aNew-Y0rk newspaper an account of the proceedings
before Judge Fancher; do not remember whether the
arucles stated the grounds which the haheas corpus
granted; II the arcle stated the grounds read 1t
I not aware Jhat order properly drawn was not
Just good a comm tnent; had no doubt that he
Was committed under the order called "exmOlt A. /
supposed that commitment necessary Ia make
formal and therefore drew one and had 1t signed
when was IN the over ana Ierinlher oe-
heved that the commitment was not necessary
changed my mind before tie hnal adomnmenJ VI the
case cannot state the TINE any nearer don re-
menDer that argued that point before Judge Fancher
don't remember INVITING about It saw DagSett@ AN ana
Thorn IN the sherfs once on the afternoon OF the "a
went 20 tue shers ONCE again on The morning oi the
Depnty Sheriff brought Mr. Shanks 10 New-Hork mad
vertenty did not repreSeniIn substance That IL was
mistake OF the officer in taking him over on that
document; l did not know that Mr.. shanAs had gone
OF. at all events. started before the judge
Egued the commitment; it was handed 20
the Deputy sheriff at shout $50 O'clock; at the
Loft al there informed 10y hi. Ihorn that nc
had gone 70 New-YOrE at the time he was committed
Mr.. Snanks sad he would have 10 90 to New-fOrk the
next day 20 testify in the stokes case saw HIN on the
after 10 KAY JAN IN
the CIiy Hall alu thlAh on Iis Wy 90 .Ae IL &
office II dd not occur 20 me then what ne was there
for-that be mis- way 10 NewNOrK 10 testi1y. -
ho ha9 SAID tns dy before ne should nave 70 90 ANe"
that Williams had an uufriendiy feeling fur me.
@ Did you, then, Knowing Of the unFiendiy feeling
Mr. Williams had Tor yOu' apply W Am " act as A4S
cOunself
Mr. Britton appeared confused and evaded this ques-
ton aud. being pressed, declined 70 answer 1t. In
their answer 20 th9 charge made few days Mr..
Tracy said wanted II distinctly understood that the
defense insisted that whatever Mr. BrittOn did In the
case he aid as counsel for sheriff Williams. and lot as
Disrict-AttOraey." few hours after Mr.. Tracy SAID
this Sheriff Williams averred soemuy upon oath that
ne did not retain 4Ir. Bron his Official counsel IN
any way, and never had II is easy to under
stand WAY Mr.. ClintOns last question confused Mr..
Bgitton. lie bore the severe and searching cross
examination OF Mr. Clinton with the poorest pos
slbie grace. During the first 10 Is minutes
he sat resOlutey almost dehanty racing him but
subtle ingenious questions regarding certain dis
puted pointsthe having several ist
lis direct examination denied point blank assertions
made by Others who could not possibly have had any
Reason for anything the simple truth
were pronounced 20 MIN thicker and faster than ever.
He was troubled TO answer them consistently,
and ultimately lost all control himself
Before the erlmination vas half over he turned his
back on M- Clinton stretched his legs out al fil length
folded lightly across hs breast, and slared at
the ceiling or exchanged ganees with his associate IN
ttn AZ any previous stage OF the investigation Not for
20 consecutive seconds did he remain in position
st he would thrust hs hands deep IN hs pockets aud
rattle his keys. then twitch al has beard. then run hs
fingers through his hair then endeaFor 10 brush dust
from his coat and then rest his elooR On tue arm OF hs
chair and his head in his hand.
Judge Gilbert testified that after Mr. Britton went ont
of the COURTROOM after the order had been made he
returned with the commitment marked " exhibit E."
but he was Dot sure whether II ne the He<l
d at the time he signed this Paper tne associate JUS
tices were not on the bench.
Justices s,lwe and Barnard johnson Judge Gilberts
Associate Justices testified TO having signed exhbE in
the sherhs office the morning after Mr.. sAaukss com
mitment. suliwen said tnat they signed 1t about 10
o'clock and Johnson said they afxed their to 1t
at precisely 70 minutes or TO-
Edgar NJ. Cullen Assistant District Attorney. testified
that he Lad secured signature OF the County Clerk
To exhibit H." aud that he absent from the ofhce
about three minutes while getting II.
TESTIMONY AGAINST M'CUR KEPT BACK
This the defense announced closed the testimony
tins count and the second supplemental charge
then taken up. This charge is that Mr. Britton i'm
properly prevented witness from giving testimony
before the Grand Jury in regard 10 complaint made
by Alexander icCue Mr. BrttOl replied to 1t as fol
lows
There were before the Grand Jury in October last pro
oeeaDcs based upon a complaint py Judge AicCue. He
complained Of article published N THE TRIBUNE and
said that H was true ne Onght 10 oe lhdceed ana
was not THE TRIBUNE ought 10 be ndoted during
fhaf nroceetug Tr Shanks examined and gave
tended testimony with reference 10 the case Daniel
Chauncey Was also examined IN defense oil McCue; II
1Irr TRIBUNE article chauncev was Jointly accused with
McCue Mr.. ShnnKs called as an attaGhe OF IHR
THIBIJSE office among other questions MT ehanks was
asked II be mad any knowledge OF any facts tend
lpg 10 substantiate the article in THR Tribune
he answered that the lnfernation was obtained
from common report aDOut me Corhonse and the city
Han OF Brooklyn ana from Mr, Warreus report, anu
he then proceeded to state the contents OF ta report;
he had apparently ended his statement OF the contents
90 TINS report @hen said hIm. Mr.. sianKs do you
know these facts nicn yOu stating Ol your Own per
sorl knowledge % he answered, % " course not -
ten safe then comps ed 10 advise the jury tnar
your testimony competent - ls examination tien
AZ