New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-10-27

70 hsI a a never was any other in sherirs office
which Won knew off A. Not that | knew OF! - -,
% There never was any otherf a. Notlo lnJ hnV"i'
q You never heard of any other up to that time
O. Wat was done with the habca9 corpus containing
your return and that PAPER EAhDlSS g. "a lin
Deputy Sheriff came to New-I0rk Win nm anu win
Now viii ask vou % look at the other alleged
commitment which Will ask your Honor TO marx tx
hbit b." which IA a commitment naming 80 days as the
period Of imprisonment Just look at that. DO you see
the provision. not exceeding 80 daysV a. Yes, sur.
q. Now, Sir state whether at any tlme You IeetlNe15
saw that paper, and II so. when for the rst tmei
A. paper about that and description was hhndeu
IN ut my desk whether this one or not. cannon sa{ On
Q. When was It handed in A. 1t was banded III on
the afternoon Of the 23i. ,,,.
O. About how late the afternoons A. think y was
half an hour after Mr. Silwe, the deputy ShoIin' To
@ That was after he had from here and returned
Without HIM A. About hall an hour aiter no i o., onr
q. About when did You receive this paper at your
desk A. 1t banded by Mr. Britton to ne o.,o,o
as o'cockl A. hardly think It was. - ,.o,, ,hroe
O. Half past threci A. should say It was from 'hree
O. That was the first time paper like that was handed
10 Won I'm relation 10 the Shanks matterf A. ies' Sr
O. Did YOU read itl A. / did not. IT.,
O. what did you do with iti A. laid IL on my desk
was very busy at tho time. 80 III, e. ,,o Cou,,v
O. Was 1t handed 10 you at Your desk III tho Coun''
CoHrt-hOuse9 A. Yes, Sir. 800, -,
q what disposition did you make Of 1t IA IN
O. What became OF the paperl a. When Mr. Britton
O. How long after it was LETT il that Mr. Britto1
came aud took 1t awayt A. should thlnk ~ was I'd"
or tlree-quarters OF an hour; perhaps an honr - a.,
O. That was the las; you saw OF W A. Iha' was Ho
81 That was the only time il was in the sher's Office
REMAINING there about naf threequarters OF an hou
A. don't know Of any other time. ,,, o,-, ,ybose
q State whether you the deputy cleTk Nhuaes
SPECIAL business it is 70 take charge o. suoH p'Po'
% In The ordinary conrs, OF business such papers
would be delivered 20 you on laid upon your de'A' A.
O Al what time on the morning OF the 25d ga MI.
shings leave BROOKLYN for New-N0fk Win wy DePu5
sheriff. A. About hafpast ten IN the morning. 18th
O. That was the morning Of the same dty on WHOM
the paper left with youi A. Yes ST, co
Q Do yOu mark all papers OF that deserpuuhi Soui
miiments, with the time when they are reccVeu' a.
Usually . -.,o,,.o, -,
the AFTERNOON Of the 2Sdl A. did not.
- was RIr HS isid it'" one Side with the nten
ton OF attending TO it as soon as had time eta oo,o .,
O. Had Won time 10 examine II aud marx the uale OF
its reception before Mr. Brtton came and TOOK away
A. mad not -, . .-.,.o
II and mark on the date OF its recoptouf A. Yes on,
on The cross-exa1nnatiJn Mr.. BrtOn asked II he was
sure f. was in re 1 Ga a "Hsl and What me did
the Dcputy-sheriG so away with Mr. shank3 for New
Don't Won re@em6er SAID the District with
emphasis that It was very soon aef t Is
persisted Nh Thorn, decioiyey II was early IN the
THE UNDER suERrF's TESTIMONY.
Tie next witness called sAlbert Daggctt the Under
Sheriff, who testified as follows:
O. You are the Under Sheriff Of tho County OF hiDSsi
A. Yes. Sir.
O. And have been how ongl A Since the I'd Of
O. viii you be kind enough look at the paper we call
Exhibit 4 60 state when YOU hrst saw thit paper, II
you did see it at all A. Ny impression Is that never
@ When did you see Exhibit -" 4. Isaw this on tho
afternoon OF tie Esd, Just alter Mr. H1Oh gave TO
O. You saw 1t then for the first timei You wcro pres
emf when Mr. Brtton gave u TO the last NLsueo' A.
was Just coming ont Of the Office ,..,
q. About how after that lld yOu examine III a.
@ state the time on the afternoon Of the 2ad Of this
month When shS 5 ySg r'' Sd" III A 'nE " was De-
O. When lie paper was left. is there any fact as to
con hx it A. don't remember; Mr.. Britton left The
paper just as was going out picked up the paper
O. When Mr.. Bntton left was ANYTHING said on The !
subject OF The time OF leaving The paper; Don't remem
Der the tmc any thing vi that kndt a. had rather
o. state II ANYTHING what Mr. Britton said at that
time A. had no conversation with him AZ that time
O. At time, the subject OF when 10 was; stale
first whether Mr. Britton said anything TO you on tho
NJ LyOns-u the Dlstrict-Auorney does not object
Mr. Cinton-Iasb what Mr.. Brifton said. He repre-
sonts the Sheriff here VIII ask this 90 the witness:
time when this paper was left m tie sheriGs Office
More objection being made. the question was Temporal
riy withdrawn and another asked IN us stead. 49,,
q. When did the conversation between you and Mr
BrittOn which you don't hkc 20 speak of ask
with the view OF fixing the time; When was u tat you
had conversation with Mr. Bhton on The subject OF
leaving this paper "A My impression is that 1t was the
next morning after the paper was lett.
Mr. Clinton-Now ] submit that VIC have right 70
ton: Did 4ir. Brtton tell you don't remember when
the paper was left al the Shens Office I" CThis qucs
ton was excluded by Judge FancAer as being too
leadmg'D
Q State what, if anything Mr.. Britton said the
Tns was followed by considerable discussion. which
ended in the exclusion OF the question Mr.. Daggett
ready 10 n the question had been admitted,
that Mr. BrittOn had come TO him on the morning OF the
2ib before proceeding 10 NowYork 10 prosecute the
case against Mr. Shanks ana had asked him 90 forget
conveniently when this second commitment was de
posted with the Sheriff There examination.
TESTIMONY OF MR.. sHANKs.
Mr. shauks then testified that he frsr saw the paper
Exhibit A." IN the courtroom, IN Brooklyn it was
brought by Nj Bitton nearly finished. and com
peted by the clerk he the clerk work upon it,
and asked MIN how long q would be before he could
have the privilege OF going % jail hc left the court
with the officer OF The Court about ll5 the Z2d;
the officer took with him the paper marked Exhibit
" ana went TO the jail in RaymOnd-st that paper
not shown 20 the witness the authority for inn
prsoning him., but he saw 1t in the court
was given 10 the Jller Who was IN charge,
aud the witness lett he remained outside the Office
for few moments, then invited inside, while cell
was being assigned 10 him; MIR. Ruukle, one OF his
counsel, called about p. m; the witness remained
the Jail from noon Oh the 22d un the next morning,
1880 H.; he present before Judge Faucher about
p. the return OF the habeas corpus IN this
the officer who came over from Brooklyn brought Ex
that paper produced by the Deputy Sheriff az his
authority for OBTAINING the witness.
After shankss testimony the Judge asked IL they
could conclude that day. Mr. Clinton SAID they had
more Witnesses Considerable acrimonious talk on the
assistant from Mr. Phelps ensucd In regard the de-
sire Of Mr.. Clinton TO trihe with the Court which at
the present rate would consume all OF the thirty DAYS
Judge Fancher smiled and said something about his be-
ing there try the question OF whether the TcatOr
properly restrained. IL was finally decided 10 defer the
further hearing until tomorrow at 10 a. IN.
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