New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-08
MACDONNELL'S CHARGES.
TRIAL OF CAPT IRVING AND DETECTIVE
FARLEY.

CASA CLOUD OF WITNESSES EXAMlNED-DEP-
uTY SHERIFF JUpsoN JARVIS TEsTIFEs.
The trial of Capt. Irving and Officer Far
ley ofIthe Detective Squad. charges connected with
the Bank OF England forgeries resumed yesterday
morning before the Police Commissioners Commissioner
Gardner presided; Commissioners Smith and Duryee be-
Ing present most OF the time ExJudge Edwards Pierre
pont represented the Bank OF England. and exMayor
Hall the accused. Commissioner Gardner began the
proceedings by stating that he expected opinion from
the Corporation Counsel In relation to the admissbity
OF Macdonners evidence. Pending the receipt OF this.
the examination of Mr. Da Costa which was begun on
the first day OF the trial. resumed. MI Da Costa
delivered TO Mr. Pierrcpont the affidavit OF Capt Irving
already published. denying that ne had in his
sion property obtained from Macdonald, and one
10 the same effect from Farley
then read from the witness 10 Capt. Irving
aud Officer Farley. dated Oct. I3 1873 asking them
call HE Office the next day TIE witness repeated his
testimony In regard their visit and stated that he
handed 10 each OF them One of these papers
was offered evidence. and was about TO be read, when
Mr. Hall Objected aud IL decided that the document
belong TO the testimony which had not yet been passed
upon by the Board.
Mr. Da Costa testified that after handing 10 the accused
the paper question: he told them that the property he
demanded them consisted Of the s72eo OF unHed
Ptates bonds letter Of credit for $500 ana dahono
ring valued az 81 with the exception OF $1,000 OF tne
bonds. which he understood had been SOLD. lie
then read 10 them MaciOnners confession. nj
ready published and SAID that he had Macdon-
beIPs lettsrbook containing the letter TO Friend
Phil" referred 10 In that confession. ana aiso
COPIES OF the cable kilograms referred to.
The letter OF Capt Irving to the Board OF Police al
ready puhshed asking for fun investigation OF the
charges then read by Judge Pierrepont The paper
from mcdonnell. handed TO the accused the written
confession Mcdonnell aud copies OF the kilograms
already mentioned. offered IN evidence. Mr.. Hall
not only objected tins but moved TO strike out lie
nf IN irrel
stoned long discussion between the counsel
At this point tie Corporation Counsel T.. Delanei
Smith, came Court, with written opinion upon the
legal question submitted to him by the Beard. He said
he was Of the opinion that the Macdounell confession
could not be admitted evidence for the following rea
SONS lst il made by convicted leOn H. II was
or par; 81, not 10 An. although accom-
plicos allowed 70 testify when personally prcsen
they were permitted To do when already convicted
felony; Ssh. II mcdonnell present he cond not
lie examined; ana 9th, the statement was inaomiSsble
Oh It's face.
Judge Pierrepout next called william j. Deav. tele
sraph operator At tbe Western Union Telegraph Com
psny's Office 10 show thata cable telegram had been
received for and delivered to Capt Irving. To this Mr.
Hall objected, the ground that IL was irrelevant be-
PAUSE It had yet been shown that any telegram had
been sent. The question was overrued john b. Ken
hedy chief clerk m she United States MarshaPs office
next took the witness chair. His testimony tine di
rect examination suOst ,ntiay as follows:
Can't Irving and Officer Farley called on me and asked
permission TO execute the %Srfant winch was 10 oe
issued by the United States COMM sioner gvlng as
reason that they knew MacdOnnell they said that
Ierrrted aud wanted Pinkerons men Gepntiz I'd, but
they thought 1t should DO gwen TO them / hnally
arputizel them the request OF the British Consul and
Nj. DaCo-to Mr.. Theodore Allen also came To me
ana ased ne to 40 Ii Ws - MAY ha
We're 10 10 TO the Marshais and not TO them; gave
tnem usual ord of arrest, with directions to brng
tho prisoner immediately the office, aud make their
report they dd 40 80, but brought Nun there Ier
town very tired had had him examined before
Cross-exaoined by Mr.. Hall-rherc was something
taid which showed some difference OF feeling between
to he deputized on the ground OF comfy between
myself and their office Mr.. Pinkerton never applied
nor did ans body do in his behalf; think almost
promised Irving and Farley that would not depuze
Pinkeron's think they spoke OF hAVng receIvSd
n telegram from some one down town 10 pr1ns the
Dsnei 6, Ghett. an empoye in the Post-olhce was
the ri witness He testified that in August last lac
Was en- plOyed in the PosObce he was asked II regis
tered letters bad not been IeeeveH ron emrh h
10 FAr;ey Hail objected on The same ground As "a
10 sSo that sucn letters received and delivered
Ech in large envelope, aud not les than seven
ouncea In weight The question was excluded
William PnkertOn, the detective who brought Bid%el
from Havana was tie next witness. aud he testified
ibsi he had seen Austin Bidwell's handwrltipG and
fhat Of his letters were intercepted IN the Office Of
the british Consul number OF letters were produced
b. the witness. one was directed to Capt. James
Irving, his OIscionnell) wife, and others TO has
brothers aud sisters The witness Identified thea Jas in
the handwriting OF Austin Bdwcli Taey were offered
in evidence. and excluded up9n Mr. HILLS objection.
view between Mr. Da Costa, Mr. Seward. and MIR. Far
ley on the DAY Irving aHd ne Were aepnG%ea m nsd
ter lie laid ne knew MaeiOnneu; he Kept calling hlm
Livingston and called tim Macdonnel"
j. H. story, the Cusomnouse officer who accompanied
Che detectives when MacdOnnell WAS arrested testified
a. foIlows: was a Custom-hOuse officer March
and went on board the vessel IN which MaCdobne was
The captain OF the Ihuringa VINO said that Mac.
lady in second cabin; saw this lady, who told me
that she had returned the ne TO the gver aferward
saw Inc reg on MacdOuneIis tuger. think Farley aud
Capt Irving were present ana heafd the conversation
hand BIaodDnmeI standing IN the doorway Of u
BATHROOM il was probably 10 or Is minutes before he
VS. taken away; that the last tnc saw IT, he was
rsnsferred TO the police boat Seneca where examined
ms baggage and person. IN his baggage found pack
S,k@t book he had package containing six diamonds;
TOOK the diamonds. watches aud gloves roio him.
va OF no interest TO me, beng per
sonal property o1na no vn moey eu WaI s ,r 1rn
the pursers with Farley; Farley stopped 70 speak
who was stnung noaiii ~ ,rJ % y .nc oo1r
of one OF the siateTOoins ne gchty pusnou MOI PACK
ward aud they went into the room; that mau was MAJ
donne don III, k rDo at ono S" time 1Goat The
.ft.r his arrest. CrosseSaiIhnedbY M Haii-ihere
Satches aud gloves turned into the Seizure Bureau
n the CustohOuse was then ia tue performance OF
INV duty; Irving and Farley came 10 the barge office,
and was detailed 70 20 wHh tnen on board tue
Thuriugia started on board me ponce post SeneGS.
Jarvis and Curry went vita us wanted there from tne
night Of the 1871 until me morning Of tne , soIn ene
III 10 her in tue quarantine boar, with Dr. MOsher;
PM any nv one else on The Quarantine beard
tak about pass Tor three persons Dut uoh ccoec.
S much Ig nS NJ saw him he was addressing Macdonne
dout roclect seeing any thing further between then
Ibid not attend to what occurred between them 100 II
none of uy business no had frequent opportunities
M he with Farley board the Tnurngia think saw
M, Jarvis ON board the Tnlringia II was probably nail
M ho1r eT we went on pOafd left the ~ amer with
Farley aud Irving my buslpeS supply had reference "
Jnd.on jarvis was then called By Mr. PlerrepOnt and