The New York herald., 1878-11-20

Your Honor knows il Is the rule that In every in
dictnent every charge must be specific and exact"
Yes that the ralc ordinarily. but like all other
rules IL has its exceptions and this is OF them
The Captains complaint is made on information and
II except! Captain. have you the party or parties
in court who first gave you information concerning
completely in the Stewart vault robbery?'
'You need not answer that question. Captain" :"
hastily interposed the Court.
Il ask now, Your Honor. tor the production OF that
witness!'
you decline to give an answer to that question:
Captain!" said Judge Morgan to the witness.
'Then, your Honor. have it entered ON the minutes
that the prisoners counsel refuses TO 20 any further
with this examination until that mysterious witness
ut is SO ordered. COUNSELLOR. said the Judge who
turning to the witness, asked, "Did you visit the
graveyard aud find that the body had been reno we'd "
"Yes, sir"
'Your Honor, we don't dispute the removal OF the
body We simply deny that our clients did the re-
moving And now. sir. would move on the COM
plant and testimony. that the prisoner Henry
he never confessed; second, because Captain Byrnes
testimony against him is entirely hearsay and there
Is nothing to show that he was party to the crime
THAT motion is denied = said the Court.
"Note my exception. now move for the discharge
of William Burke the ground that il he made any
confession he did SO under durass and with stpula
ton"
This motion was likewise denied and the prisoners
then asked the usual questions concerning their
age nativity and residence and declined to make any
statement whatever.
II now that Your Honor fix reasonable bail
for these men, who poor aud who are charged
with offence for which the punishment II very
light"
TT is a State Prison offence. punishable with i've
years Imprisonment said the Court land Will
holi these men in 5000 each 10 answer"
Hvill Your Honor send the papers down ut once. as
we want speedy trial?'
'.Thcy will 90 down tomorrow"
A few moments later the prisoners were transferred
from Captain Byrnes to Jefferson Market Prison.
WILLIAM BtRXEs STORY.
Before the prisoners were locked for the night
HERALD reporter had y long conversation with them
which was begun in this way ay:-''Well, Burke. did
Captain Byrnes arrest you for the robbery OF Stew
mot in the first place. At any rate, he didn't say
Tell mo all about your capture and your treat
ment.'
"Are yoa the HKnALD reporter ?" said Burke.
"Then you're the man that Captain Byrnes warned
us especially not TO talk to. He told mo and Hawk
here and my old woman that must not talk give
anything TO the HERALD at all About my arrest, I'll
tell you. On Wednesday last I standing on the
corner Of Christopher street and Greenwich aycnnc
with Hawk Vrceland here, when officer up to
me and touched me on the shoulder. Says he i want
you for something you did on Sixth avenue last
with him to the Fifteenth prccinct~staton house.
When got there Captain Byrncs accused Of being
one Of the cracksmen concerned in the Manhattan
know know % %notSins about out it.. 7 Then n he turned S to
me and said. ri make you know all about
down stairs ut once and lock him up. Put the bar
across the door 1t was not long until he had me up
again. and showed me letter from Wright. who is
doing time in the Penitentiary the Island for
counterfeing. Wright s jealous of the attentions
am paying his wife, who swears that she will never
live with him again. In the letter to Captain Byrnes
he told him that was concerned. In the Manhattan
Rank burglary. and a lot of stuff with which he
nSpsd ta get o,psn azed when But to & S,%
knew nothing about this job informed me
that he had me for the Stewart matter
Well. knew nothing about that at all but he per-
sisted in saying that he had heard about having
buried something in New Jersey. and had piped
until saturday. when he lost us He gave me all
that story about the man the avenue and what he
told him, and finally acknowledged that had
buried stiff, The warden will tell you that q
in New Jersey. at Chatham. We did have the wagon
and did go to the hotel; but were bound all the
way to Dover to crack place not to bury body
We were spoiled by the arrest and when the Captain
was bound to go over the ground il search of the
stiff gave him the kid to his hearts content
Hank here chimed in, when Byrncs arrested him;
and I'll tell you that the night the Captain had
that wood near Chatham he offered S35,U00 to be
sent wherever we said and to let us go free right there
and then, and 20 back to New York IL would
only give him that body. II we had it don't you
think we would have done so? He'll convict us
that. whatever he may do anything else. / am
u kslnan, aud first rate one. Warden Finn will
tell you But the Captain will make no reputation out
OF me-"
Whalcn, alias vrceland has only been three weeks
out of prison. and corroboratcd Burke statement in
every particular. He says that his family is respect
able IL he is "black sheep"
Mrs. Burke said last night to HERALD reporter:-
MY former husband mad with Jealousy because
/ told him had resolved to we'd Billy and never
live with him tWrghtl again. He vowed vengeance
against both and wrote letter to the Captain. The
unknown man OF Sixth avenue is. they say, fellow
who has just bee released from Sing Sing after doing
years. and to have taken part IN the projected
burglary but when he learned Whllen alias Vree-
Ian, in it he went TO captain Byrnes and got
them all arrested. He hates Whalen."
The prisoners will be removed to the Tombs to day.
HUNTING IN PATTERSON.
Considerable excitement prevailed in Paterson,
a.. Il iycS
were engaged in the vicinity of Riverside suburb of
tho city in searching for the remains OF Mr.. Stewart
1t appears that a Glow, what appeared to be SUCH
had been discovered at Hackensck the story being to
the effect that few days after the remains were
stuen--about the 1lth 12th of October
two Italians observed to pass through
the town with suspicious looking pack
seat OF light buggy. The object of irregular.
indcscrbable shape, done up loosely in either bag
cloth of dark color IL might be oilcloth. The
men stopped but for few minutes at Hackensnck, at
Simmons tavern, low place tho outskirts of the
town. and but of them lett the vehicle ut time.
They seemed to have driven ont from the direction OF
Hoboken. and must have driven FAST their horse
sweaty aud much blown. II about eight
o'clock In the evening when the mon stopped thcra,
and they inquired tine road to Riverside, near Pat
erson and drove of in that direction. The theory is
that the body may have been brought tho Hobo
ken ferry and taken to the house of u notorious
"fcncc" in West Hobokcn. near the Paterson plank
road
After making inquiry in every direction that prom
ised furnish any more light the matter one Of
the officers returned to this city the other drove
back tho way they had come to Hackcnsack to prose-
cute further inquiries in that direction.