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that there has been, and that there is, a determination on the part of the defence to delay this trial till the term of office of the Sheriff shall have expired, on the first of January next, or at least, till the verdict of a jury shall have no effect upon Thomas Carlin, in his official capacity. Ex-Judge Beebe, his counsel, in April last, offered to bet me one hundred dollars that he never would be brought to trial; and if he was, a hundred dollars that he would not be convicted; and said that he would tire me out. This I told you at the time, and urged it upon you as a reason why he should not be permitted to delay the ends of justice. I therefore think, sir, that in suffering these delays you have done wrong.
I do not require permission to canvass your acts in this matter, or that of any others connected with these cases against these Sheriffs; nor do I desire to have anything to do with your “other matters," or with anybody's business but my own.
You shall not be deprived by me of any benefit you may derive from anything you may write, say, or do in this matter; nor will I ever do you an injustice if I know it.
A man who does his duty, needs no favors. Those who do not, in this case, need not expect any from me.
Your ob't serv't,
ARTHUR T. JONES.
The District Attorney did not reply to this letter. I think it would have been difficult for him to have done so. I had taken him upon his own ground, and if I did not give him satisfaction, I did not succeed with my intention. The whole month of August passed away, without any progress in the matter, as I could not do anything more till the motion to quash the indictment was argued. After the letter that I had written to the Governor, on the 24th July, I had hopes that I should receive his decision in the Orser case, which he could have decided in one hour, as easily as in a year's time. Those hopes were dis
appointed. I thought that a month of vacation was about long enough to let the actors in this drama sleep; so I went to work once more, myself refreshed and as vigorous as ever.
JONES TO WHITING.
NEW-YORK, Aug. 31, 1855. JAEES R. WHITING, Esq.,
DEAR SIR : I trust that you will not permit any further delay, as far as lies in your power, to have the Carlin motion argued, and the trial be brought on.
Please give me notice when either is to take place, as I wish to be present.
Your most obedient,
ARTHUR T. JONES.
WHITING TO JONES.
Sept. 3d, 1855. A. T. Jones, Esq.,
Dear Sir : Our case is set down in the Court of Sessions for argument on the demurrer, for Saturday next, the 15th, with a stipulation, on the part of Judge Beebe, that it shall then be heard at all events.
J. R. WHITING.
On the 12th September, I was informed that Richard Busteed, Esq., was going to leave for Albany on that day; and as I had never been honored with a reply from his “Excellency,” the Governor of the State, I directed Mr. Busteed, as my counsel, to call on that high functionary; and endeavor to ascertain " what the deuce he was about."
BUSTEED TO JONES.
237 BROADWAY, Sept. 14, 1855. Scene laid at Albany-In the State House. Room, EXECUTIVE CHAMBER, A. D. 1855, SEPT. 13.
Enter R. B. R. B.—Good morning, your Excellency. Gov.-Ah! Mr. Busteed, good morning. R. B.—I am glad to see you looking so well. Gov.—Thank you. I have taken the advantage of three weeks in the country.
R. B.—Governor, I have called to see you at the request of Arthur T. Jones, Esq., and to inquire if “those papers” have been forwarded.
Gov.—They have been, and I wish you to say to Mr. Jones from me, that they will receive my attention, and that he will hear from me soon about the matter.
R. B.—Thank you, sir ; I will do so. Good day, Governor.
Yours, very truly,
R. BUSTEED. To ARTHUR T. JONES, Esq.
JONES TO WHITING.
N. Y., Sept. 14, 1855. JAMES R. WHITING, Esq.,
DEAR SIR: I trust that you will not permit Judge Beebe to put off the argument in the case of Carlin any longer.
As the District Attorney considers that “private counsel ” delay the ends of justice, I hope you will not furnish him with any more “ documentary evidence,” in support of his assertion. And that you will use your best exertions to cause the case to be tried without any more of these outrageous delays.
Your most ob't,
A. T. JONES.
The prospect was, that the motion to quash would be argued on the next day, the 15th. That day being Saturday, the day that I have appropriated to fishing during the months of September and October, for more than twenty years, and not feeling the greatest confidence that Judge Beebe would not have the case put off upon some pretence, and not wishing to lose the opportunity of getting a “day's fishing in the country,” I called on Messrs. Hayes, Hincks, Carey & Co., and requested them to be in court, and report the argument to me on Monday. I also knew that I could not help friend Whiting any, when I had once got him in; and that Judge Beebe would not stand any more chance against him, than " a whortleberry in a bear's foot.”
When I arrived at my store, on Monday morning, I found the following :
WHITING TO JONES.
NEW-YORK, September 15th, 1855. A. T. Jones, Esq.,
DEAR SIR: The motion to quash the indictment against Carlin was argued this morning before Recorder Smith, holding the Court of Sessions. I suppose he will decide it in the coming week.
J. R. WHITING.
On the 17th September, I received the following report of the argument from Messrs. Hayes, Hincks, Carey & Co. I ask particular attention to this very interesting paper.
COURT OF SESSIONS.
BEFORE RECORDER SMITH.
SATURDAY, SEPTEMBER 15, 1855.
THE PEOPLE versus THOMAS CARLIN.
ARGUMENTS OF MESSRS. BEEBE AND WHITING, ON MOTION TO
Reported by Hayes, Hincks, Carey & Co., 195 Broadway.
COURT OF SESSIONS.—BEFORE RECORDER SMITH.
SATURDAY, Sept. 15th, 1855. The People vs. Thomas Carlin, indicted for misdemeanor. Motion to quash indictment. J. R. Whiting, Esq., appeared for the People, and ex-Judge Beebe for the Defendant.
MR. BEEBE spoke in support of the motion, as follows:- The motion before the Court, is a motion to quash an indictment found against Thomas Carlin, one of the Deputy Sheriffs of this county. The case, sir, is a novel one. It is true that I have not had an opportunity, owing to my many engagements, to examine the subject fully, or the authorities bearing upon it; but so far as my reading goes, it is the first case on record, in which a Deputy Sheriff has ever been indicted for a neglect of duty. Now, that may have sprung from the fact that all Deputy Sheriffs attend to their duties with faithfulness, and are so pure that there is no cause for