The New York Herald Newspaper, June 27, 1867, Page 8

8. “TRIAL OF JOUN H, SURRATT. GENERAL GRANT ON TUE STAN The Prosecution to Show Jake Thompson's Complicity in the Conspiracy. EVIDENCE OF MRS. HUDSPETH. The Court Adjourns for Want of More Witnesses. Wasueron, Jane 26, 1867. ‘The trial of John HB. Surratt was resumed im the Crim- ‘mal Court this morning, Judge Fieher presiding. The ‘eourt was opened at ten o'clock. ‘Mr. Carrington said that before calling upon witnesses he desired to call tho attention of the Court to certain vemarks that bad been made yesterday by counsel, as Feported in the morning papers, The remarks referred ‘to are as tollows:— “Tho Court asked if the prosecution bad any more ‘Witnesses ready. Mr. Bradley (pointing to the witness room)—There are half a dozen witnesses out there in the 7, and have been there all the morning.’” Mr. Merrick—Ob no, not in the penitentiary yet; but they will be, Mr. Carrington said he had heard the remark of Mr. Bradley, but did not deem it necessary to cal! attention to it at the time, as he supposed it was made in a epirit ef humor. He had not hoard the remark of Mr. Mer- Fick, but he thought the remark was insulting to the ‘witnesses and improper, and he felt it to be his duty to call the attention of the Court to the remark. Whoo ‘the time comes for arguing the case to the jury every Meense will of course be allowed to counsel, but during the examination of witnesses such remarks aro not proper. They reflect upon the character of the wit- messes, and should not be tolerated, and he hoped the Court would not allow any such remarks in the future. Judge Fisher eaid he heard the remark of Mr. Bradley, and supposed it was made in a spirit of pleasantry; but hhe did not hear the remark of Mr. Merrick, Mr. Bradiey acknowledged that he made the remark =. him, and said he did it in @ spirit of Mr, Merrick said he had made the remark attributed to him, in the same spirit of pleasantry; but since the remark bad assumed 60 serious an aspect, he would add ‘that before tho trial was over he ho; to make his remark good. Mr. Carrington—It is not proper thus to reflect apon the of witnessea, Judge Fisher said it was not proper to thus reflect ‘upon the character of witnesses, by side remarks, ‘Mr, Bradiey said there were no witnesses in court at the time the remark was made. Mr. Merrick said if counsel chose to consider the re- mark as a serious one he was willing it should be taken tm ite serious aspect, The eubject was then dropped, and James Q, Gifford, who was in 1866 the stago carponter of Ford’s theatre, was sworn and examined by Mr, Wilson, Witness featified to the position of the box occupied by the President on the night of his astasaination, its ar- oment, the position of the door, in the ll, &e.; and ® wooden bar having bees exhibited witness recognized it as the placed to secure the door of the box. In answer to by. Bradiey, tho witness said know ‘Spangler and saw him on the yo bh it of assassination; does not think ho left the stage that might; he was scone sbifter, and if he had left his absence would have been noted. The witness was summoned for the defence as soon as Be had left the Sworn, and examined by H fH . Bunker was 1866 witness was room clerk at in. almost every instance for © purpose of securing nis autograph; witness here Tegister and gave the recorded times of "departed November IY; arived on the joven! ved on the departed on the 16th; arrived cose 12, de- rE ! F i is no after this arrival, but he is re- again on March 25; left April ‘Land returned April 8, 1865, and occu room No. 298, and was not again absent from the house until the assassination. j No cross-examination. ‘The business of the Court was here again retarded for ‘Mifteen minutes on account of the absence of witnesses Sor the prosecution. Colonel Henry W. Smith was sworn and examined by Mr. Pierrepont—Am an officer of the United States army, and stationed at Vicksburg on duty with the Freedmau’s Buroau ; was in Wasbiagton the time of the assasaination, and remained here eighteen months afterwards; I commanded the party that arrested Mra. Burratt; arresved her on Monday, April 17, and arrested Payoe at the same time; I was ordered by General Avgur to arrest Mra Surratt and all I found in the ‘Rouse; and I with three men to No. 641 H street, and posted the men about it to aueit L Ing to- 9 ‘went to the house, and after going up the steps tm the window and saw four women sitti her tly tm close conversation; and then rang the bell and some one caine to the window and whispered out, “Is that you, Kirby?” 1 replied no, it is not Kirby, but it is ail Fight, let m 1 then went in and usked the lady who ed the door if she was Mrs, Surratt, and she replied ‘was; I toid ber | was ordored to arrest ber avd ali mm the house, and 1 asked her who the ladies in the ‘lor were, and she mentioned the names of Miss Anme rratt, Miss Jenkins and Miss Honora Fitapatrick; I told the ladies they would have to go with me. aud Miss Borratt then said something about being arrosted, and for such a crime; Mra, Surratt pat ber arms about her \er's neck and whispered something to her, when ‘Miss Surratt became quiet; I then told the ladics to get their wrappings, and after this was dono Mrs. Surratt eaked permission to kneel down and aay her abe said she asked God's blessing on all sho dis hher thore was no objection to that T heard some one camo in, and I io the meantime posed I was going to get ae, but when the man came in it was Payne; he came in and had @ pick upon his shoulder; be Girst and I cocked my pistol and ordered Bim to come in, I then questioned a, and he said be was man and had been working about at » I asked hiw what there ifferent piaces at that hour of the nignt, and ho said be came there to get insiructions about digging a drain which Mrs, Sar- armen a rs him to do that moraing; I called Mra. Burratt, and denied all knowledge of ‘tho maa, and woman @aid she bad pot employed him; I sawa Ano tHE iy ft d fs } i i ‘Barratt advanced and embraced her; | did not ‘that fact before the Military Commission; I was asked at ‘the Military Commisston to siate all I remembered, Question by Mr. Prerrepont—Why did you not stato ell then! A. Because | was emiarrassed and it escaped my Beery. General U. & Grant was sworn and examined by Mr. pont, i was in command at Vicksburg in the first part of 1863 and during that year. @ Stace where you firsteaw Jacob Thompson, and Bnder what circumstances. Mr. Bradtey noted an exception, ‘The witness was allowed to proceed, and testify that while be was at Milliken Bond, in the early part of 1563, one of our pickets brought in asailboat, which was found coming ap the river about opposite to where Admiral Porter's Gagship was lying; witness sent to havo the boat brought in, and the bout bad a white flag ing. and when tho boat was brougut im Jacob Thomp- ‘Way Drought upon the flacanip, Q. What did Jacov Thompson say ? Mr. Bradley objected, ax Jacov Thompeon was not mentioned iu the indictment, Mr. Pierrepont said wey proposed to show Thompson's relation 1 the evemy; evidence had been adduced to show Thompson's presence in Canada with money, and they proposed to ‘that that money was used i this . The Court mus suppose that we intend to cortain facts, and in ofering circumstantial evi. dence, it cannot all be done at ence. sates Pisber asked if Thompson was indicted ag one not by mame, but it was Scmpemtien wens tote - hw @onspiracy. Ow 10 Tho: Son was utd what relation he bore to wie Confederacy, and they then expect to comnect the money be bad with Mr, Merrick asked if the geatieman proposed to gat 'ree pene was im the conspiracy to kill the ent ‘Mr. Pierrepont said be propored to thow now who FES Gerrlen ua hp would el agate if 16 was propenea NEW YORK HERALD, THURSDAY, JUNE 27, 1967.-TRIPLE SHEET. erence en a erate nn gla inane are ecininditimnctitatarina tiie nae eet a ep ATE TY to show that Jacob Thompson was ene of the conspire tors engaged in the aivempt to kill the President t Mr. Piorrepoat—We expect to show that be was in it, and that he aided with bis money. Judce Fisher—Vhen if he ai tm it he was one of the Do you state that Thompsom was en- gaged ‘ the conspiracy ir. Pierrepont said it was not their duty to show that. It was expected to show that he aided, and aided with money. Mr. Merrick said he must ask again if they proposed to show that Thompson was one of the conspirators. ae Pierrepont said he expected to show what they stated. Mr. Merrick said—The gentleman then avoided an answer to a direct question and throws out an inforenc’ He did not want an inference, but a plain siateme’ whetber it was expected to show that he was one of t! conspirators, The counsel must state his conclusions and not facts, and must state that they expeot to show Thompson as one of the conspirators, Mr. Pierrepont said he was not bound to show facts, but he expected to prove that Thompson was connected with the prisoner at tho bar im the distribution of facte to be proved would bring him. Judge Fisber said he understood that the counsel would show a connection between Thompson and the prisoner at the bar. If the connection is made the testi- mony will be retovant, and if the co tion is not made 4t will not be relevant, The Court, therefore, admitted testimony, and General Grant continued and said:— Thompson on board of Admiral Porter’s fess, (Thompeon) said he was an actiog staf officer one of generals in Vicksburg; that he was an acting inspector general of the confederate army ; did not un- derstand that he held a commission, but that he was an acting staff officer. No cross-cxamination, Charies Dawson, sworn and examined by Mr. Wilson, ‘and testified that he was a clerk at the Nationa! Hotel in 1865; when Booth leit, April 14, 1865, he left « trank and valise behind ag ‘and they LoD og in the bag- 6 room of the hotel; a few days before the arrest of jurratt witness was examining some baggage, and Booth's valise was partially open, and a card, marked J. Harrison Surratt, dropped out, (Card produced, but not offered in evidence.) During the proxress of the conspiracy trial wisness, in looking over the lettor rack at the ho in letter > found a letter addressed to “J. W. 8.” (Letter identified.) The letter was = in evidence and an exception was taken by tho jefence, The lotter is as follows, and is the same as was offered at the conspiracy trial:— Sours Branon Brings, April 6, 1865. Frisnp Wirexs—I received yours of March 12, and reply as soon as practicable. I saw French, Krady and others about the ol] speculation. The subacriptions to the sock amount to $8,0W, and I ‘add $1,000 mysel’, which is about ali L can stand, ‘Now, when you sink your well go enough; don’t fail; everything depends on you and your helpers. If you ean get through on your (rip, after you sirike “ile,’ strike through Thornton Gap and’ eross by Capa, Romney's and down the branc! fe all hardships for a year. ow that infernal Purdy'is beat. 1 hired that girl to charge him with an outrage, and reported bim to old Kelley, which sent him in the shade; but he suspects too damn mich now. Had he better be sentenced for good? I send this up b; Towa, and if he don’t get drank you will get it ihe 9 events, itcan’t be understood if lost. I can't half write. T have been drunk for two days, Don’t write #0 much hifa- Tutin next time. No more—only Jake will be at Green's with the funds, Burn this, Traly yours, “LON.” Sue Guthite sends much love. rf The court at balf-past twelve took a recess for half an our, Upon reassembling, Colonel Richard ©, Morgan was sworn and examined—In 1865 was in the service of the War Department, and on tue night of April 17 was rent to Mrs. Surratt’s house, and went there after Colonel Smita had been sent there; I saw Mra, Surratt, Misa Jenkins and Miss Fitzpatriek there, and I saw a colored woman in the basement; the colored woman was tail and rather black; have'a distinct memory of what occorred that night, as well as anything oan be; recol- locted that happened two years ago; 1 had directed that the persons in the house should be taken to the Provost Marshal’s office, and there was some hesitation about getting ‘ready, and I toid them they must go; when they were prepared to go [ heard a Ting at tho beil, and supp sing it was @ man I sent for the carriage, opened the door and found {t was aman with & pins over bis shoulder and dressed as a laboring the man came in, and as 1 turned Mrs, Surraut getting from her knees; the ladies then passed out, as they were going Mrs, Surratt said, “Il am so glad maa witb a pick had come here ”” alter the ladies bad passed out 1 questioned ind he said he came to dig a drain for Mrs, Sur- told him that was av uoseasonabi» hour to come, and asked him how he know Mrs. Surrati; bo said be mei her on thestreet that moraing and sie en:aged bin to dig the drain; after further questioamg, Payno’s an swors appeared unsatisfactory, and I put him under arrest and sent him to the Provost Marshal's office, and 1 romained there and searched the house until three o'clock A. M.; 1 found a bullet mould, some bulicts, capa, cartes de visite, a portfolio and letters; we put all the articles we found in a trank; I think the room these ‘things were found in was Mrs. Surratt’s room; it was the room back of the parlor; we found a pair of dirty boots in the room alone; we found also a little whistle, part of a spur and a whole spur and a bank book. @ Did you find an undersbirt? A. I can’t recollect; I might have dono so; I found any gerd of letters; the letters to the Provost ?s office and de- livered them there. ‘histie exhibited.) I think I ralt’s room, right by the man- picked this up in Mra, wl piece, Mr. eee oe he bad in his hand a receipt of Mias Annie Surratt for a number of articles delivered to her by the, Provost Marshal, avd he asked counsel for the defence to produce the articles delivered to her by Provost Marshal, Ir, Bradley said they would not do so unless a notice in due form was rerved, Mr. Pierrepont said that was for the Court to say. Mr. Merrick said the Cours had nothing :o do with it as yet. They first required a noxice to be served, The Court said whatever the practice was would havo to be iesoried to to get the articles. Pretare exhibited, it was a small framed picture of “Morning, Noon and Night,” and behind it was a photo- graph of Booth in the back of it, and witness thongnt it was tho same frame he had taken from Mra. Surratt’s mantle. Mr. Merrick objected to the testimony. Question by Mr. Pierrepont—Do you find anything in the back of the frawe now? A. Yes, sir; I find a card with “Morning, Noon and Night” on it, The frame is not in the same condition now that it was when I found it; when I found it there was something else in it which T handed to the Provost Marshal. Mr. Pierrepont (banding a card to witness)—Is this the something you handed to the Provost Marshal? A. It looks jike it; itis a picture of J. Wilkes booth, and it was Booth’s pictare I found there; don’t know whether tnis is the same picture or not. Cross-examined by Mr. Bradiey—Do not think the frame was thea In the condition it now is; when I found it the frame bad two pictures, aud one was a picture of J, Wikes Booth, | banded them to the Provost Marshal ; the articles found im the nouse wero taken to the Pro- vost Marshal's in a trank; left the Surratt Honse at four o'clock and went to the Provost Marshal’s office; while at the Sarratt Houso that night I took comm of the party; I directed Mra, Surratt to go up and get the wrappings for hersolf and the other ladies; Major Smith accompanied her up; when I got to the house the ladies were all in the parior; they were about to leave as Payne entered; I might have stated at the conspirac; tiial that the ladies were about to ieave when entered, whon Payne came up Colonel Smith was at the back room, and as the bell rang I and Captain Wirmer- schercher stepped up, and I carried on she conversation with Payne; Colonel Smith was ta the entry; I interro- gated Payne, and Smith Joi sation now and then; while I was tall ney fife F 3 5 i ss be was asked if he bad heard that waned to bie, and whistie wwituese replied that be beard Mr. Carrington blow upon it to-day. Pte. Carrington asked the witness if the sound of the whisiic was a sound ike that he heard in a lot back of his house on ihe night of the assassination, as testified to by him ona previous occasion. Mr. Merrick said such an offer was a perfect farce. Mr, Pierrepont said he conld not see any farce about it, They proposed to show thas witness beard a sound similar to thai the whistle now made, Afver come discussion witness was allowed to hear tho whisile, and be testiied that it was similar vo the sound heard on the might of April 14, 1868, near Ford's theatre, Mrs, Mary Benson, formerly Mra. Mary Hoaspoth, was sworn and examined by Mr, Carringion, Wiinosa now resides in Canada; was ia New York tn Noveinber, 1564, and remembers the (ime from the fact of finding « jotver about the assassination; General Batler bad been in the eity, but loft that morning; General Winfoid Scott was in the city, at the Hofinan’ House; 1 remem- ber riding in « Third avenue car that day; my ittle danghter was with me; I remember two gentlemen riding @ (he car that day, and I beard their conversation at intervals; ono of the mem appeared to bo educated, and the other was not; one of the men was very gouteo! looking; I was attracted to bim by moticing that ho was disguised, for as the car I poticed that false whiskers were pushed forward, and the skin under them appeared to be whiter than the rest of bis face; he bad a sear on bis rieht cheek; the other man was ingch more rough and coarse lool that the gentee! looking man, who F = The letters were exhibited, and witness recognized them as ie lettersshe bad picked up on thocar. The leiters were offered as evidence, and excepion was taken by Bone nae a rie hoes Were also used at a ap-ass' trials, and are found: page ‘Pittman’ report of those trials. anpree © of pr Crosé-examined by Mr. Bradley—I was living Canada when I was summoned; no process was served, but the United States Consul at Toronto asked me to come; it was agreed that if I came here to testify my expenses here anc back were to be paid. and I was to receive $20 per day; my husband came with and his expenses wore paid. By Mr, Pierrepont—fbis agreement was made by Mr. Thurston, American Consul; I would mot como under any other forse, eury RK McDonough sworn, “snd examined by Mr. Pierrepoot—In 1864 I was cashierof Adams Express Company in this city; John Surratt was employed y the company from Bécomber 20, to January 1: 1865; he was paid for two days? aod be never came back; I paid him for the tw ‘80h and Slet of December, and took his receipt; he was to be paid at the rate of $50 per month; the receipt is at the compa- ny’s office in Baltimore; I do mot positively rigoner, Bradley—It was him. We don’t deny that, Mr. Carrington sald there were no more witnesses ROW in attendance, Mr. Bradley said the defence was keeping here at great expense, and he would like to be advised of what time the prosecution expected to close, Mr, Pierrepont said the prosecution ted to close within three days, but they could notef course know at what length witnesses would be cross-examined, ‘The court, at a quarter to three o’cleck, took a recess until ten o'clock to-morrow morning, POLICE INTELLIGENCE. A New Dopcr—Maasurine 4 Srrawaer,—A new and somewhat novel mode of relieving a man of bis money was developed before Judge Dowling, at the Tombs, yesterday morning. John Murphy, living at tho corner of Hickory street and Morrissey avenue, Brooklyn, being im this city, met Michael Manning and av individual known as “Jack Cabbago,” who invited him into 4 drinking saloon corner of Peari and Chatvam streets, wiere Manning, for a pur- pose which 1s apparent, pulled out his pocket haudkor- chief and commenced weasuring his mew mado friend around the breast, Ina fow moments afterwards Mur- phy missod from the breast pocket of his coat a wallet containing $78 in Treasury notes, and ebarged Manning with taking bis money, Roundsman McDonnell, of the Sixth precinct, subsequontly arrested the suspected party, but the missing money was not found up»n him. On tho complaint of Siurpiy the magistrate committed Manuing to the Tombs for tral He is thirty-one yeara of age, a weaver by occupation, and livesat No. 13 Mott aireot, Jack Cabbage nos not been arrested, This new mode of obtain’ng money by tho measuring process is not likely to prove very «ucesssful, Annest of ALLEGED SHoPuFTERS —Yesterday morning three young men, giving their names as William Patter- son, Androw Haines and Philip Leonard, entercd the store 148 Nassau street and inquired of William H. Gil- Jen, the lad in chargo, for an old hat which they said had been left there by a Mr, Thompson, The lad Gillen, who had bis wits about him, pretended to look for the hat, and at the samo time kept ono eye on the men, who stood in front of the counter. Ina few moments be saw Haines pass into the street with a bundie secreted under the folds of his coat, followed by Patterson and Leonard. Gillen instantly closed tie store and gave chase to the fugitives, whom he kaw rop up an alley, wherenpon he bastened to the Beekman street police station for help. Qilicors Farrel! dollars, on the payment of which he was discharged. avd Nichols, of the Second precinct, went in pursuit and foilowed the three meu from Fulton strost into William, where they arrested them, and in Leonard's possession was found a Panama bal, five black soft hate, sud a black sil hat, valued in all ut $43, which had beon stwicn from the store where Gillen te employed. The prisoners were taken tothe Tombs, where Gillen made a charge Of grand larceny againet them, and Justice Dowling com- mitted thoin for examination, But for the savuciiy and prompt actiou displayed by Gillen the aecused parties Would have escaped with ther pland Sreauxa AN Anwy Bapas aND Masowio Exoiey.—On Tuesday evening officer Long, of the Sixth precinct, arrested William C, Smith, @ young @erman only eighteen years of age, on the complaint of Mr. Charles Fordham, doing basiness at No, 15 John street, In pass- ing through or near the Park Mr, Fordham saw upon the prisoner a gold and enamelled badge of the Second army corps of the Potomac, valued at and a gold and silver Masonic embicm, worth $12, which bo alle;ed had been stolen from his manufaciory, and honco the pene bemtmanvrn contradictory stories as to how obtained possession of tho property, which induced Captain Jourdan to believe that was ‘not teling the trurn, Mr. Fordham testified thas the badge and emblem were felonicusly takon from his possession. Smith was taken before Justice Dowling and locked up for trial. He lives at 26 Hester street, As ExrortoxaTs Hackman Overnavuep.—Augustus Rudd, driver of hack No, 400, was yesterday brought before Justice Dowling, charged with slightly over- charging Jason W. Moxley, a resident of Jefferson county, this State. Rudd conveyed the country gentis- man a distance of two blocks, for which service le had the conscienc) to charge him the sum of three dollars, Moxley demurred to paying the money and caused Rudd’s arrest. The maxistrate fined the delinquent (en Cavour my Tug Act.—Mary Girard, No. 9 East Fourth strect, made a complaint against a colored woman named Abby Lee, whom she accused of stealing a quantity of linen clothos, valued at $48. Abby was caught in the act of taking the property from the yard of complainant’s house, ‘Tue accused, who 1s a servant, says she is guilty of tho charze, but don’t know way did the wicked act. Justice Dodge committed her to answer in default of $500 bail. Ixvictzp ror Forcrsy.—Lyman C, Scott, formerly a merchant of this city, was arrested in Buffalo by Deputy Sheriff Doyle on a bench warrant Issued by the Court of General Sessions, having been indicted here for forgery in tho first degree, in forging the mamo of Mr. John White, a commissioner of deeds, on the 9th of January, 1806, to an acknowledgment to a doed for some real estate, The accused was _brooght on to New York and taken before Recorder Hackett, who required him to give bonds to answer the indictment before the Cuart of Goueral Sessions, The dofendant is the maa whe some months ago made bimuelf quite conspicuous by bringing complaints against the lottery managers, whom, he at- leged, bad defrauded him out of a iarge amoust of money. Winwina Moxey rrom 4 Youtn.—Some time sinco Mrs, Ash, an aged woman, living at No, 19 Pearl stroct, who had accumulated $700 in cash, the earnings of several years’ hard labor, oatrusted her son John with the en:ire amount for the purpose of parchasing some prop- erty for her, On tho 22d of April last, while the young man had tho money in his pocket the fact became known to John Gleason, who induced him to go to No 53 Bowery and cengago in a game of faro, At one sittint on that day the boy lost $50; and, it intervals since that time Ash was induced by Gleason to play at faro, until he Soally lost the entire amount of money entrusted to him by his mother, A complaint em- bracing the above facts having been made by the youth- ful victim before Justice Dowling, a warrant was issued for Gleason, atid yestorday afternoon Captain Jourdan, of the Sixth precinct, took him into custody, The ac- cased was taken tothe Tombs and commilted for trial in default of $1,000 bail, An effort wili be made to recover the money won from young Ash and restore the same to his moiber, who is unable to lose it, ‘Tus Cato Sraauina Case.—Further facts have came to light In the alleged child stealing case. It appears thai Sergeant Burdea, on making inquiries, diacovored that on the day it is said the child was taken away from No, 149 Stanton street a man and woman applied at the office of the Commissioners of Charity and Correction for permission to place an infant on Black well’s Island. The man gavo his name as Joho fold, and stated that he lived at No, 66 Pitt and would pay $3 a weok board for the Infant. The child’s name was given as John Smith. The mothor visited Biackwoll’s fetand aday or two since and discovered her child, but so changed for the worse, as she states, that it was almost imposs:dle for her to identify it, The caso was up before Justice Dodge yesterday for examination at the Jeffer- son Market Police Court, but was postponed until to- morrow afternoon. is alleged, at various AUCTION SALE OF COAL YESTERDAY. A regular sale of Scranton coal was held yesterday at the office of the Delaware and Lackawanna Coal Com- pany, in Exchange place. There was a numerous at- tendance of purebagera, and the bidding waa rpirited, Tt will bo observed from tho following comparative statement that the prices brought are a shade higher than at the previous month :— June, May. $4 50.0 $4 621 { coal, deliverable at the depot of hington, New Jersey, in July, The prices . ad jountny 2 lote adjoining, 262100, each . Liot , @. cor. 47th st, M4. 11x60 7th av.—1 lot n. we, cor, 146th 35100, ear, Leith ease * Jot n. sida, 100 w. 7th av., ‘same tine, oach At a hate hour om Tuesday night THE COURTS. UNITED STATES CIRGUIT couaT. ‘The Case of Alleged Counterfeiting—Curious Developments—The Accused Employed as a Secret Detective After his Alleged Offence Was Known. Bofore Judge Shipman. The United States against Charies O, Brockway.—The Dearing in this case was resumed yesterday morning. ‘The court room was crowded throughout, the case hav- “ing excited a good deal of interest, chiefly from the fact that the prisover, after his arrest on the present charge, was taken into the confidence of the Chief of the Secret Service Division, was formally commissioned and de- Putized by him as @ detective officer, and the rearrest and consequent indictment was brought about by him im consequence of some breaches of official integrity which had come to his knowledge. That the ohief detec- jive officer, Colonel Wood, was deeply interested in the trial, on the sido of the prisoeer, notwit that he caused his was evident from the rather re- markablo circumstance that during the two days of the trial he sat close to Brockway’s counsel, and the United Btates District Attorney, Mr. Courtney, remarked in his summing up for the govermment, ‘asked and pro- cheered questions to counsel, with a view, a8 might be iriy inferred, to have the jury return a verdict for the acquittal of tho prisoner.” Gret witness called was Robert Maree, Coved States Marshal for the districi, for the prosecution, examined by Mr. Courtney—Knows the prisoner; have seen him several times in the Mar- shal’s office with one of bis (witness’) deputies; did not himself employ the prisonor in any official capacity ; the press and other conterfelting articles were brought to bis office and delivered to him by Johan BR. Savage; was informed that they were seized in a house at Mount Vernon, Westchester county; the counterfeit plates produced were locked up by him in bis safo in the office; had taken them from the safe on several occasions, but they never were out of his possession, and no person but bimseif had access to the safe; Brockway on one occasion was present when he had the plates out; he saw them and said they delivered into his custodv; he came to the office first in charge of one of Cotoncl Wood’s men; after the seizure at Mount Vernon a hat and coat found on the premises wore deliv to him; the coat and hat Brockway sub- sequently gat hia office, and he acknowledged thoy were his; that he left them behind bim at Mount Ver. non the day of the seizure; the counte: currency now before the Court prisoner also stated was his, and that it was the best ever made, and that if he bad not been interfered with he would had all the money ho wanted in three or four months Cross examined—Savage (the detective who seized the premises Mount Vernon) pointed out Brockway to me ag the man who had run out of the hougo at the tim of the seizure; did not arrest him or order his arros! there was no restra nt upon him; he came into the o! wih the other officera almost daily; believed he was employed by Colonel Wood in the Secrot Service Divi- sion; when he (prisoner) roferred to the “stuf” being his, he meant the counterfeit stuff seized at Mount Ver- nop, and here now in court. Have you not known that the government have often used persons who have been connected with counterteiting. ‘The Court—That need not bo entered into here. Mr. Smith—If the government make use of a man ‘under circumstances similar to those detailed here, it is understood that he cannot be prosecuted for the offence, the commision and arrest for which led to such service; but that the offence is condoned by his beg employed by the goveroment, This is a very extraordinary caso, and T want to show up some very extraordinary features jo it, Cross examination continued.—Canoot say whether Brockway was paid asan officer of the government; have seen bim with Colonel Wood; beard he was the owner of the house In question at Mount Vornon. r. Clarke, a money broker, exam ned the counterfeit amps, and deposed that they were well executed and culated to deceive, W. L. Ormsby, Jr., of the chief Transfer vepartment of the Continental Bank Note Company, bad no doubt that the stamps produced in court were printed on the plate shown, or from a transfer of that plate; by the usa of a transfer duplicates can be oasily made, The prosecution here rested. TESTIMONY FOR TH DEFENCH—COLONEL WOOD ON THE STAND. Colonel Wood being catled for the defence was exam- ined by Mr. Smith,—Was chief of the Secret Servic Department since May, 1365; knows Brockway; first knew him by notoriety two yearsago Q Has he been y time acting under you ia the secrot sorvice of nited States for the purpose of detecting counterfeit- ers? A Tie hag not ia the strict senso of the word been acting under m¢ ‘Has he been acting as detective in the arrest of counterfeitera? A, Yes, in December last. Mr. Newcombo— Mr. Courtney—I object, I do not want to hear what Mr. Nowcombe said, ‘The Cour: allowed the question, intending to instruct the jury afterward. A. He has been acting a8 assistant detective menced Jani 1, 1867; believes he bas authorizing Mr, Newcombe io employ him in the secret gorvice. Did Brockway act as detective officer after the Ist of yore (ol ied to, Objection overruled ) A. Yea; acted with Newcombe as his assistant from the Ist of January to the time of bis arrest, Q After this transaction were you aware of the charge against Brockway at the time you auth ized bis employment an officer in the secret service of the when are thority to employ counterfelters or Ves as assistants; 1 authorized Newcombe to employ Brockw: pro- cared Brocxway's arrest while he was in my employ. Q Why did you procure his arrest after using him? Objectod io, ir Smith said he intended to show a conspiracy azainst the prisoner, and to show also that he had not committed the crime with which be wascharged. Ho contended that those pariies whom the government em- ployed in this detective sarvice were unwortby to hold their positions, and ought not to be credited in a court of justice. In this coanection he did not include the wilness, who had rendered important service to government the cateow, Judge Shipman, tn refusing to allow remarked that neither Colonel Wood, the Secretary e Treasury, nor any but the President of the United States had tho power to condone aa offence like this. Q Did iroskway give you important information whilo you employed him? Mr, Courtney objected as irrelevant. The Court allowed the queston, but at the same time did not see its relevancy. Mr Smith changed the form of the question. Q. Where did you Orst see thia piaic (plate shown to wil- ness)? i Immediately after the affair at Mount Vernon; heard of Hicxey’s action in the matter of the seizure and endeavored to arrest him the next day; Savage told him (witness) that he saw Brockway make iis escape through the window, Cross-examined by Mr, Courtney—Kvow Spike and Clarke (detective officers) to bave been counterigiters ; Dolleved they were under arrest, and were discharged by myself, om ‘Spike was the next witness—Was the party, who accompanied Hickey and Savage the day of the sei of the presses and stuff at Mount Vernon; did not gi he plate produced to Mr. Wood; received $202 of the $800 found with Atkinson on that occasion; the money was divided, Atkiason getting the sauwe amount; tho understanding was that the plates should be taken and nothing done to the men. On cross-examination wit- ness enid ho formorly kept a faro bank ; bad been ia Sing Sing for counterfeiting, Hayden Clarke s#ora— Knew officer Savage hum ‘tm connection with the aflair at Mount wanted to make somethi! On eanelading the overs eajoursed ti this morning, when Guage Shipman will charge the jury. * UNITED STATES DISTRICT COURT, The Champagne Case=Close ‘of the Testi- mony—Summing Up of Counsel. Before Judge Blatchford. The United States we 3109 Cases of Champagne Alexander de St, Marceaus,—This case yesterday reached a stace ardently desired by the learned Judge presiding, by the jury, by counsel, litigants, witnesses and all con- corned, On the previous day of adjournment, counsel baving notified the court that all the testimony im the caso was in, with the excep- tion of one or two witnesses whose examination would occupy bat half an hour at most, Judge Blatch- ford fixed upon yesterday for the summing up of coun- wel, The opening address to the court and jury devoly- ing upon Mr, Webster, counsel for the claimant, and in whose haads this rather formidable caso solely rested, by outnumbering and most able counsel ‘on the part of ‘S» government, drew to the court room an unasual gutber o tho legal prot of the Cus- tom House gentry, and of tho individoais interested tn the result, and whos calculations thereanent probably might be effected by (he oifort of the opening counsel on govern briofly referred to calculations mado hi current expenses of st Marceaux & Co. on of their business at Rheims—the calculations being made on tho testimony given on the point by Mr. Heidelberger, « member of toe firm, eae te wore also made by witness of the percentage of loss by breakage and joakage of bottles, discount allowances, treightage, &e., to get at the acvual cost of tho wine on board ship at Havre, Mr. Goorge Bartles, for the claimants, was examined by Mr. Webster—Was an importer of merchandise; was with the rate of exchange between this coun- wTegvarte, oujectea to the tenons aa to. the between the two countrits as immaterial to the point at issue, Tho Court directed the question to be put as to the fate in 1864, 1864— ‘Witnesa—Conld ‘henry, but fe uctniod os gis oad id we Cont admit the BGreg seevieate. ovuneel for the claim- antd, also ow" some testimony as to computations he had’ made; those computations were correctiy- made. te tanae Phi Custom House appraiser, ir. ips, & hore testimony as to the rule im the Custom House of ap- Praising the dutiable value of invoices entered, and the additions made thercto for inland transportation from ‘the place of manufacture to the port of shipment, This concluded the evidence. After consultation with the counsel the Bench allowed counsel four hours each to address the court and jury in summing up. Mr, ‘Webster, counsel for the plaintiffs, pro- ceeded to the court and jury. In his opening he took @ goveral retrospect of all the circumstances connected with the case, from the initial proceeding to that moment, when he was about submitting the whole facts connected with it to a jury. Without touching Particularly upon the testimony of each witness, he cuiled from the general history of the case which that testimony had compiled a few leading points as to the service and origin and main fg tind part of the to the jury the me the case on the Eine He at it'was not is He contended that it was not this salt, but government officials, to whom Would re- 8 Built tof whom would re- vert the great bulk of the spuil that a verdict against the claimants would leave at their The whole looked and set st nou peas these ofctala, info mers, lool an at these forme: Custom House pa ead place-hoiders may wring from these Pty importers the value of all this wine which in good faith they had forwarded here to their through the Custom House, paying all legal ‘Faties thereon and conforming wo ali the rules and regulations of the Department. The whole scheme and plan of this suit, and the initial he said, emanated from the brains of the louse officials, and through their representa- tives the igre we caer bg vo a fying _— jontgomery with power to Bumber to overrun the champagne district of France in the guise of wealtby merchants and honest dealers im the wine trade, in an effort in which they had signaily failed to find out a weak point in the mode in which these manufacturers transacted their business wita ther forcign agents bere. He would ask why the able defendants’ attorney was not officially repro- senting the government here, instead of the array oi counsel speciaily employed for the occasion. The jury would draw their own inference {rem the absence of the gentleman he referred to. The spoils were great and the effort to secure them must be commensurate, and hence the of talent brought into the case, Mr. Webster then went into a general review of the whole case, the testimony of the wit nesses, the rules aud regulations of the Treasury De- partment with regard to entries at the Custom Hor the usages of the trade in wine and quoted at length the authorities sustaining bis views of the case, He had os concluded bis ablo and elaborate argument when the hour for adjournment arrived nor the time aliotted to him, He will resume this morning. ‘The court thea adjourned. BANKAUPT COURT. The following named parties yosterday filed petitions in bankruptcy with chief clerk Wimarth:— William H. Caldwell, Nowburg, Orange county, through Henry Bacon, counse!; Edward R. Pheips, White Piains, Westchester county, 3. V. Cooper counsel; James M. Palmer, Canandaigui, Ontario eoun:y, Goodwin & Fau- cett counsel; Geerge W. Peters, Suilivan county, De Witt C, Brown counsel. Several petitions were yesterday referred by Judge Blatchford to Register Ketchum, who at once com- menced the formal proceedings, to appoint meetings of creditors, &c., in prosecution of the baukruptcy, The tutioners attended with their couusel, Mr, Edwin james, ant various forms were amended 1p com- pliance with the orders and rules, SUPREME COURT—CHAMBERS, Revocation of an Executive Ord Before Jadge Ingraham. In re the Petition of Allert Pearce. —On the 19th ult. a warrant was issued by Governor Fenton at Albany, upon requisition from the Governor of Tennessee, directing the Sheriff of this county to arrest one Warren T. Heo- cox and Albert Pearce, of Shelby county, Tennessee, on the ground that they had fled trom Tennessee, where nga had been instituted against them for a frau- dutent breach of trast. Om the 22d the Sheriff returned to this court that he had arrested Albert Pearce. On the 25th Pearce made application for nis ceeharee, upon Tabeas corpus, on the ground that he was not held for acy offence designated by the laws of this State; but in the meantime Governor Fenton had issued @ revocation of the former order, dated June 24, directing the dis- charge of the parties, on the that it bad been satisfactorily shown that the requisition bad been “obtained for improper private ends,” and that actions are now pending in the courts of this State for the en- forcement of a civil remedy for the acts complained of. Yesterday the court, in accordance with this revocatory order, directed the discbarge of the prisoner, Neglecting to Pay Allmony—Petition for Re- lease from Arrest. Inre the Peiition of Wiliam B. Latson.—Application was made before this court yesterday for the discharge from imprisonment of William B. Latson, a dentist, of this city, who has been in durance vile for a period of about two months for negiecting to pay alimony, as di- rected, to his former wife, Selma G., against whom he obtained a denree of divorce on the ground of adultery some two years since. ‘The cppllestion ‘was supported ay, aflidavits, setting forth that he was in circumstances of actual poverty, and unable to pay the alimony, &c. Amngular phase of the case is, that the divorced wite now claims that service, ip the sait for divorce was not made upon ber, aitvoogh judgment was decreed agaiost her, avd Mr. Latson, some six monine after the separation, married another wife, who is now lving, aud by whom he bas one child. This latter wife and caiid are stated to be now in a condition of abject pov. erty, owing to the absono> of the petitioner, aud it is ta order that he may attend to their wants that his dis- Sn eimenien aia oa forth (a Opposition, ita were presented setting fo that Latson bad refused to pay the alimony, sa; rng they should neither have the alimony nor the satisfrction of imprisoning him; that his income exceeded his outlay by upwards of $1,000 per eanoum; that his rents were reguiariy paid; that he had said tuat if be could not make $26 or $30 per dav at dentistry he would givo up the business, Tbe Court took the papers and reserved ita decision, Another Stuyvesant Suit in Prospective. Catharine L. Stuyvesant vs. Theodve Siuyvesant — Another phase of the Stuyvesant difficulties, which havo recently attracted so mvch attontion, bas come to light, Itnow appears that Mrs. Stuyvesant hae com. monced @ suit in repievin against her husband for tho reoovery of certain arcicles of wearing apparel, Including fora, &c., @ plano and other articles, whicn sho claims are her pal property. Yesterday Mr. Stuyvesant presented an aifidavit to this court, upon which Mr. Justice Ingrabam granted an order to snow cause why the proceeding in replovin shoold not be stayed. The order is made returnabie on July 1, SUPERICR COURT—TRIAL TERM—PART 1. A Late Quotation on the Matrimenial Board. Before Judge McCunn. Lisetta Traumann vs, Adolph Krebs. —The plaintiff sues to recover the sum of $250 for services rendered during the yoar 1966, In rather @ novel line of brokerage. It appears that in April of that year the defendant con- sidered it not inexpedient that ono Gustave Ello and a Mise Mina Speiss should become ono flesh, and being a relative ror Inlwonce In feng sna the piain- Uff to exert her influence in ‘a marriage between Gustave aud Mit ing to pay for such ser- vices, if sum of $250 on the day preced- Pg gp gg hag gt on the 24th of Aurust, 1806, the of Arrest. SUPERIOR COURT—TRIAL TERM—PART 2. Heavy Damages for Personal Injuries, Before Judge Jones. Alerander Irvin es. C. B. Wood e al.—This case, which was tried on Tuesday last, was an action to recover $10,000 damages for injuries recelved by the plaintif in 1863. The piainti™, while passing the premises No, 696 Broad’ slipped his foot and leg through « vauit opentog ¥ the sidewatk, the iron cover of which bad not been properly secured, and sustained @ severe in- jory of the limp, He brought this action against tho owners ond lessees of the premiges, and the jury esterday returned a sealed verdict in plaintiff's favor in the sum of $5,500. COURT CALENDAR—THIS DAY. Srrnewe Covrt—Cimevit.—Part 1—Noa, 1457, 1295, 87_ 1603, 1167, 1141, 1195, 1597, 1125, 23, 311, 869, 65, 741, 777, 401, 803, $13, 849. Part 2—Nos 552, 756, 1394, 1618, 768, 956, 1304, 2923, 1083, 754, 420, 356, 1645, 1234, 696, 1068, 296, 960, O74, 725. Surawun Covrt—<racat Taav.—Nos 245, 217, 231, 180, 181, 272, 274, 281, 224, 199, 243, 243, 261, 276, 279, ‘214, 238, 261, |, 296, 267. Sorreme Court—CHamaxna.—Nos, 43, 70, 71, 75, 92, 108, 119, 16, 194, 206. Scranion Court—Tarat, Terw.—Part 1—No further calendar this term. Part 2—Nos, 1428, S244, 8224, 3299, 8882, 8174, 8390, 8372, 3392, 8376, 8402, 3404, 3406, 3408, BROOKLYN COURTS, UNITED STATES CIRCUIT COURT—EASTERN DISTRICT. In the Positi of Tru Statute? fm Distillery Watchman one Cont ed by Before Jadge Renedict. Vniled States v2, Jocob Dubernell.—This case came up yesterday afternoon in the form of a motion for anew trial made by counsel for defence. Dubornell was con- vioted a day or two since of having received a bribe of $100 while acting a keeper over Fogatiy & Burne’ die tillory, South Brooklyn; but bis counse! took exception to certain portions of bis Honor's charge, and moved i ‘Mr. Tracy, United states District Attorney, argued in hegpeager eoorige— that the prisoner had been ing an official -function under the foternal revenue Jaws, and because he was pinced 10 charge of the distil- lery and acting as the seizing officer, he was virtually in custody of the piace, Further, that the government recognized and the statutes recognized keepers, becaus they made provision for the payment of keepers roperty seized under the laws. Mr. ray argued | ned was a {gion contemplated by the statute as boldinga place of trust and profit, because the statute provided that the person—the keeper—who was in pos- sevsion of property, if interfered with, should have the game remedy against the party, committing the injury upon his person or interfering with his nsbip, a@ the officer who employed him. revenue, Because Dubernell was committed, a portion of thi barrels of whiskey) was tal upon the revenue, because a seizure had bee: under the revenue laws, and tho property if kept in the possession of the government, would have been dis« ‘of for the benefit of the revenue. All proceed- ings had been taken under the revenue laws and none other. ‘The decision in the matter was reserved, The Hitcit Policy Business. The case of John Ryan, who was Indicted for carrying on tho lotiery (policy) business without a license, was called on yeaterday afternoon, when the court assigned Mr, W. L. Whiting as counsel for the defendant, On tho advice‘of his counsel Ryan pleaded guilty, and at the request of Mr. Woiting bis Honor agreed to suspen sentence until davits could be procured in view mitigation of the punishment of the prisoner, UNITED STATES DISTRICT COURT—EASTERN DISTRICT. An Important Decision in a Salvage Case. Before Judge Benedict, Joseph Forbes et. al. vs, the Steamer Merrimac, ete.—Thia was a claim for salvage preferred by a large number 0 persons formerly comprising a colored regiment of the United States Army. It appears that on the 9th of November, 1865, the steamer left New Orleans, ladon with cotton, and having on board a regiment of colored, troops. On Saturday, the 11th, the vessel sprang a leak,. which increased to such an exteat as to compe! her to: put back with the view of returuing to New Orledns, which was then some two hundred miles distant. water, however, choked the pumps, aad the crew there~ commenced “baling out’ On Sunday morni! about two o'clock, the fires were extinguished, so that the ‘engine ceased working, and up to this time efforts aad te hele:the. wales from Merengieie et ‘The ¢rew ‘were reijoved by the members of. colored regiment, so that the labor afterwards came en' into hands At the suggestion of the the vessel the soldiers were organized into five companies, eack company remaining at work baling two hours, wi they were relleved by another company, and ‘This work was done with mili disctpline water was kept at a:standstill. crew, for the moss part, were cngaged in emptying the barrels ‘and in the na of the vessel. alight was discovered about forty: miles off, afterwards tae, Mineman bar was seen. A sbort tims went to this the lights of a vessel were seen, whioks to be those of the sieamer Morgan, and when they mot, “the master of the Merrimac tre cepiain of the Morgan to remaia by her side until the next morning, which was done, The Morgan then tools the Merrimac in tow to the bar, where sho was ground ‘The rogiment continued baling uptothistime. At Tu baleer light, although the beach was in sight and the verrel beached, no one laaded, because the major of the regiment placed guard< at tio boats to prevent any one from taking them for the purpose of landing. Judge Benedict rendered his decison in the case yer- terday, the document being a lengthy and important one. His Honer says that while the services of the claimants were admitted, it was contended that the case was not one where salvage could warded ; that the ns who performed the work were Faas the work consisted of ordinary physical in the line of duty, which, as passengers, the ship. circumstances attending the rendition of the servi were extreordinary, and the !abor performed pot such ag was included ina passenger's daty. Further, that the libollants were not rs with ip the meaning of the rules regarding salvage. His Sonor thought the crroam- stances were extraordinary, and was of the opicion that the libelinnts did not sustain that relation towards the steamer which wag designated» a. the word passengers in the rule applied to sal vage demands. They maie no contract with the igs prove steamer, had no selection of the ship or voyage, even. They paid no passage money, and incurred no liabitity, ana acquired no rignt of action ayaiast the steamer in case of failure to transport them. ‘They were not fed or faruisved by the ship, and had no im‘erest whacever in being transported, but wore simply commanded by the orders of superior officers to go aboard, That thoy were soldiers was no defence, Judge Benedict said, against their right for salvage. The Judge alluded toa feature of the case—the fact that no one landed from the vessel wh!'o she was in sight of the and that the boats were guarded; for aon ios baling then stopped the vesee! would have been atthouh those on board might have been saved. These services would been a ground for salvage, even bad they been . After passing upon other minor points bis Honor decided in favor of the libeliants, and concladed as follows:—The terms of the decree therefore be fixed on Eaturday next at twelve M., When 1 will hear the arguments upon the question of amount and the form of the decree. WESICHESTER INTELLIGENCE, Tur Lavon Qurerion—Canrestens’ Steam at Weer Farus,—The carpenters employed in the villages of Fordham and Tremont bave been on a strike since last Monday, owing to a refusal on the part of the boszes to accede to the eight bour system on Saturdays Not- withstanding that this action of interfered with the arp fel aaa no disporition bas yet lo by em the matter in favor of employes, A strikers waited on Mr. Kirby, Medison avenue, who employ about twenty-five Boon, but to obtain his demands. Tae New Brince Across tae Browz, at Fanaa,—The contract for building the bridge across the river Bronx, in the village ot West Farms, has at length been given out, The contractor, Mr. Thomas Beswick, of Brooklyn, bas to construct a solid cast iron bridge, ie of ing weight of twenty tons, for the suin of $3,500. Operations of an active character ‘will be commenced in the coarse of a fow days, whea it ts expected that the work oa the proposed bridgé will be vigorously prosecuted. Haatem Baios.—On Tuesday morning, about five o'clock, while a drove of cattle were crossing Harlem bridge from Now York, a portion of the rottem old stracture suddenly gave way, causing the otmost alarm to a number of persons who were on the bridge at the time. Fortunately no one was injured, and the cattle, through the exertions of sovera! officers of the Twelfth Procinet, wero saved from failing into the water. It appears the storm of the night previous bad rendered a number of the sptles so shaky that the weight of the cattle carried them away, About sixty feot of the iaaking was torn away with them. The keeper of the Badge, Mr, Smith, at ones the services of Mossrs. Jenks & Co., dock builders, of New York, who ‘ge force of mon wore soon busy repairing the darn ‘After working all night on Tuesday they suc- ceeded in rendering it efficiently safo to allow traile to be resumed y: jay afteracoa. TROW'S NEW YORK CITY DIRECTORY, Tho eighty-first volume of this time-honored and now indispensable record of our population js out Since the: appearance of the first volume of this Directory, in 1/86, tt bas beon steadily increasing in size until now the: tmost ingenuity i# required to keep it within fantiy Bible bounds, All extraneous matter has beep long since cast aside, and now there are only the materials necossary to attain the object of ita The Directory for 1867-8 contains 177, and 1,000 pages, THE NEW YORK STATE (NEBRIATE ASYLUM. Binonamton, June 26, 1867. ‘The election for trustees of the New York State ine. postponed leg pce Bay Wo the 9ad aay of Wer: