New-York tribune., 1878-11-20


der T. Stewart from st. Marks Churchyardi Ayes,
sir
Q-When was that confession madei A.-On Thurs
day night last, between aud O'Clock in the evening
Q-DO You recOllect the question put to you by the
Court yesterday, and your answer, follows:
Did he confess to the fact that he party or one
of the parties, in the removal OF that body Answer,
No."-How do you reconcile that statement
with this complaint which you now present, charging
these defendants with the taking of this bodyf Abe
they stated to that after the grave was opened
the stencil fghtful that they could not proceed
did not ask them how they carried It out OF the church
yard.
Mr.. Stiner-Then that a mistake upon your part
ANO sir II taking it ont OF the churchyard that
the Court asked about did not know about 1t, for
had not asked them
Q-You have stated here that you arrested the prison
upon information received by you from person
in relation 20 the taking of Stewards body. Will
you now tel me from what source you re-
oeived that information A. ] should not like TO
tell you from whom received that information at the
present state of the do not think it would be
prudent 10 do l think 1t would interfere with the
ends OF justice.
Q-Then do understand you to decline to answer the
question A.-Yes. sir.
Mr. stiner addressed the Court, claiming that the
prisoners entitled to knowledge of the
information which led to their arrest, and
the confession which it is alleged was subse-
Quently made. The Justice replied that he
did not think this necessary. For prudential rea-
sons, therefore, and matter OF public policy he said
that he must sustain the Captain in Oectng to answer
the question.
Continuing the cross-examuatlou, Mr.. stiner nsked
In whose presence these expressions madei A
The first was made in the presence OF Officer DOau OF
the Fourteenth Precinct afterwards in the presence OF
officers Doan and slcyn, of the Fifteenth Precinct.
Vreeland was not present at that confession. Both
men were in CUSTODY at the time the confession was
made. At the first confession there only Burke.
QI understood you to say yesterday that yol said TO
these men that they would put you in the Of get
ting body award offered would be given TO them
Al was willing that they should have IL all.
QWas It under that promise thar the confession was
made A.-NO sir; it was before that.
ON the confession made by Burke in the presence
OF Vreeland, not these words used, Hank, 1
can get all this money If this stiff is turned
up"i A-Burke said that 10 Vreeland. I agreed
that they should have il all. I was salts
fed that il the body produced there would he
punishment attached 10 the crime, for didn't think
that Judge Hilton wanted anything except TO get the
body back.
Odd they tell you at any of these confessions when
the body was takeni A.-No, they did not mention any
particular time.
Q-DO you know of your own knowledge when the
body was takeni A.-Not OF my own personal knowl-
edge.
6tl. day of November either Yreeland Burke took
this bOdyl A-No sir, only from the information that
hive received from several parties on tho ground
At point the Justice said he did not thai the
question OF the exact time OF the removal or the body
was material Mr. stner cOntended that under
the law the Indictment should be specific
in every particular. To this the Court replied
that this was rule, but like every other good
rule this could be modified to meet the eIgeDc OF the
case. Counsel insisted, however, that this being pre-
limnaTy examination the prosecution was bound
TO produce all the testimony they possess,
and this the prisoners entitled 10
their defence The Court said that the Captain only
knew from general knowledge and information upon the
subject that the removal OF the BODY occurred Eovem
Der g. The exact time Of the removal might be shown
at the proper stage of tine case
Q-IIave you the person now In court who first gave
you the Information Henry yreeland and william
Burke being tho persons implicated in the robbery Of
Alexander T. Stewards grave-he person who gave you
the first information
The Court suggested the Captain that he need not
answer question for the stated in the prey
ous instance whereupOn exception was taken by de-
PENDANTS counsel and granted by the Court
Mr.. Stner tnen demanded the production OF the wit,
ness who gave the information TO Captain ByrneS ana
the latter declining to comply with this request was
sustained by the Court.
Captain Byrnes was recalled by Justice Morgan, and
asked whether had received official O tho rob
Dery Of the Steward vault and he replied that be had
Mr.. snner then moved that the prisoner yreeland he
discharged first. on the ground at ne had at 10 tine
confessed to The stealing OF the nody ,tot mr'
stewart; secondly on the ground that tho tcs-
timOny OF Captain ByTnes II entirely hearSay
evidence, far as that prisoner is co"cerned and.
thirdly because there is nothing IN the evidence tending
to show that he Of the parties to the crime IN
question. THIS motion being denied, an exception was
taken TO the ruling Of the Court.
ground that II confession was made 1t was made while
he was under duress, ana under certain stip-
Nations and promises OF reward. This notion
was likewise denied, and an exception taken
WAS 0yC cd a 90
inert being made Uy the Court, MI suncr replied that
the Justice might as well have made 1t 100000 and
stated that IL was impossible for them to pr0"ur
largo bail He urged that the defendants De
allowed speedy Trial, to whch the Court replied that
the papers would be placed in the hands of the District
Attorney by noon tomorrow, ana he mad no doubt hat
an eaIlY trial would be granted.
The commitment pa pers then made out. and after
q brief interview between Vrecland and his mother and
Burke ana Mrs wright the prisoners were removed 10
the adjoining jail.
INTERVIEWS WITH THE PRISONERS RELATIVES.
Mrs. Vrecland and Mrs Wright met after
by a TRIBUNE reporter, who asked them why
the prisoners counsel had not put in de-
fence, but had permitted them to be committed
without opposition. Mrs. Wright answered: don't
known; am surprised, becauee have two witnesses
to prove that bone and asleep that We'd
nesday night, all night" Mrs. Yiceand added,
hastily: "And can prove by four wit
ncsscs that my was at home, in Brooklyn,
from Wednesday, the 9th, TO Friday / remember IL
well, because we had friends visiting from
Farmingdale on Wednesday, and my daughters child
was christened Thursday. lie wasn't away till after
Friday"
What they confess the crime for then I" was asked
"Ohl" answered Mrs. Wright, "they intended 10 give
the Captain 'stall; they were both drunk. Cap
tain ByTnes kept Burke drunk all the
time he had him in the station, and did
with him just what he pleased. They went
to New1ersey just for JOKE and neither has said
that he knew OF the body since that night Neither OF
them ever aid know auythiug aDOutit."
" DID Vrecand confess that he knew about IL when
Captain ByInes first arrested him T. was asked
mo-" the answer. " He was IN room when
In, and Burke took hin side the sofa and
had talk with him Then Vrecland said, All ngbt, I'll
do say, and then they went Ou with the Captain,
md he has mad ihem since ThcY neYcr knew