I desire that all the witnesses may be subpoenaed, who made the affidavits on which Carlin was held to bail, by Mr. Justice Osborne. I also desire that Curtis Peck, Charles Shute, and Henry Holly, all of the town of New Rochelle, West Chester County, may be subpoenaed as witnesses. If you will send me the subpoenas for them, I will undertake to have them properly served. Your most ob❜t, ARTHUR T. JONES. As there was a little "special pleading" in the first part of his "Excellency's" letter of 31st Oct., (although I had not intended to write to him again,) I thought I would give him "one more shot." JONES TO CLARK. His EXCELLENCY MYRON H. CLARK, NEW-YORK, Nov. 1st, 1855. Governor State of New-York, DEAR SIR: I have received yours of 31st ulto. I am fully aware of the importance of this case of the Sheriff. It is this fact that has made me consider it my duty to use all proper exertions to hold these parties amenable, if they have broken the laws. On the other hand, I pledge you my honor that I would not do them an injustice if I knew it. It has seemed to me, that if these Sheriffs can use their great powers to take the property of a citizen, and give it away to whom they please, contrary to law; (and if they are resisted in the act, the party so resisting rendering himself amenable to the law for a misdemeanor, and subject to fine and imprisonment, or both, at the discretion of the court;) and when the citizen complies with the requisition of the law, by putting in bonds to double the amount of the value of the property, to abide the issue of the suit; he is unable to get any redress; that the rights, property, and liberties of the people have no protection. I believe that law is founded upon justice; for the protection, but not for the oppression of the people. I have therefore considered it my conscientious duty-a duty which has been forced upon me against my inclination-to press this matter with all proper diligence; that the community and I may learn, whether we can rely upon the protection of the laws, or not. The people (through me) have appealed to nearly the highest power in this State-their Governor-for prompt and speedy justice. And it is expected with as little delay as is consistent. I have been opposed in my proceedings against the Deputy Sheriff, by all of the officials connected with the case, ever since January last. He was held to bail before a Police Justice, in February, when the District Attorney (who is the private counsel of the Sheriff,) directed the Justice to take the individual security of the accused. He still remains his own security for appearance at court; although I desired the District Attorney to compel him to give other security. The Grand Jury indicted him in March. The District Attorney put down his trial for the third week in May. Judge Beebe, his counsel, then put in a motion to quash the indictment, which the District Attorney promised me should be argued on the 9th June; and he further promised me, that the Deputy Sheriff should positively be tried during the June term. By great exertions, I got the case argued on 15th September, before Recorder Smith. After waiting nearly a month, I was compelled to write to him for his decision; which he gave on the 13th October, refusing to quash the indictment. My counsel, J. R. Whiting, Esq., wrote to me, that he "was ready to try the cause whenever it could be brought on ;" and I respectfully asked the District Attorney to try it. Not hearing from him in reply, I wrote to him again on the 30th ulto., to know if he would now name a day. When he answered, "it was for Wednesday, Nov. 7th, first day of term;" and that Mr. Whiting's engagements had been such in the Oyer and Terminer, that he could not attend to it before!! The day named for trial is the day after the election; and the District Attorney has set down this case of the Deputy Sheriff, and one of burglary, in the Court of Sessions; and the case of Baker, for the murder of Poole, in the Oyer and Terminer, on the same day; well knowing that Mr. Whiting is engaged in all of the cases!! When this deputy will be tried, is yet to be seen. The Sheriff and his deputies go out of office on the first of January, and your decision and the verdict of a Jury will amount to nothing, as far as the accused are concerned, officially, unless they are now promptly given. I have endeavored to do my duty, and in the discharge of it have always done it politely and respectfully; and, when necessary, with the dignity and firmness that the importance of the case demanded. Your obedient servant, ARTHUR T. JONES. JONES TO WHITING. NEW-YORK, Nov. 2d, 1855. JAMES R. WHITING, ESQ., DEAR SIR: As you informed me that the District Attorney has put down the case of Carlin, and one of burglary, in the Court of Sessions, for first day of term, 7th inst.; also the case of Baker in the O. and T. the same day; knowing that you were engaged in all of them, I propose to associate Richard Busteed, Esq., with you, in the case of Carlin, so that in case you are obliged to attend the O. and T. case, there shall be no plea on our part for not being ready. Please inform me, immediately, if this meets your approbation, and I will take the necessary steps to secure Mr. Busteed. I shall be very sorry if anything really occurs to prevent you from trying the cause. Your most ob't, ARTHUR T. JONES, WHITING TO JONES. IN COURT, Nov. 2, 1855. A. T. JONES, Esq., DEAR SIR: I have no objection to be associated with Mr. Busteed, in the case of Carlin. I do not fear any objection arising from other engagements. The only things that can interfere, will be the actual occupation of the court in other cases, or the defendant's excusing himself, to the satisfaction of the court, for not being ready. I know of nothing to prevent my aiding in the trial, but the suggestion in my note of yesterday, which you have not answered. Yours, truly, J. R. WHITING. JONES TO WHITING. 115 BROADWAY, Nov. 2, 1855. J. R. WHITING, Esq., DEAR SIR: I have just received your note of this date. I did not receive any note from you "yesterday." Please let me know what the "suggestion" was, and I will answer it immediately. Yours, resp❜y, A. T. JONES. WHITING TO JONES. (Dated Nov. 1, 1855.) DEAR SIR: I send you the subpoenas desired; also several blanks to be used as you deem it necessary. Please send me a check for $150, which will cover the trial fee. In these troublesome times, the drafts are heavy and frequent upon the treasury. Yours, resp'y, J. R. WHITING. This was about electioneering time. The drafts on me, in this horse case, had been "heavy and frequent," ever since 11th Nov., 1855. The question might arise, to a reflecting mind, Which costs the most-to be elected an official? or to fight a lot of them, all about an old gray horse? JONES TO WHITING. JAMES R. WHITING, ESQ., DEAR SIR: 115 BROADWAY, 1-4 to 1 o'clock, } Nov. 1855. I have this moment received yours of "Nov. 1st," which my messenger informs me, your clerk neglected to deliver to me yesterday; containing the " suggestion," which I answer by enclosing check of Haggerty, Jones & Co., No. 419, on Bank of America, of this city, for one hundred and fifty dollars, to cover the “trial fee,” in the case of Carlin; for which please send me a receipt. I shall expect this amount to be returned to me, in the event of your being prevented from trying the cause, by circumstances beyond your control. Yours, respectfully, ARTHUR T. JONES. WHITING TO JONES. Nov. 2, 1855. DEAR SIR: I regret that the carelessness of my young man should have put us at apparent misunderstanding. If I do not try your cause, the fee shall be returned. Yours, truly, J. R. WHITING. 1855, Nov. 2d.-Received from A. T. Jones, Esq., one hundred and fifty dollars, for a fee on the indictment against Carlin. J. R. WHITING. |
