horse back to Cleaver & Mason's stable. On the next morning, early, Collins, with another constable, without any legal process, attempted to take the horse from the stable, again saying that he was his property; had been stolen from him; and drawing a club from under his cloak, threatened to knock out Mr. Cleaver's brains, if he resisted his taking him. Collins was resisted; and did not succeed in taking the horse. Mr. Cleaver offered to deliver him upon the showing of legal authority; agreeably to the instructions that I had given him. The next step of Collins, within my knowledge, was to confess a judgment, on the 12th January, in the Marine Court, against himself and wife, in favor of William Yule, (spelled Y U L E), as it there stands recorded. There is a William L. Youle (spelled YOU LE) connected with Collins' father's office; but I have been unable to find any such person as William YULE in this city. Shortly after this, a man by the name of Bishop, with two others, (all said to be Marine Court constables,) and a posse of five men, (and Collins standing near, at the corner of Spring and Mercer streets, with eight more men as a corps de reserve); came to the stables, for the purpose of taking the horse. Mr. Bishop informed me, that he had come to take a horse, the property of John Collins, on an execution against said Collins. I asked him, if he was indemnified for taking my property, which I had purchased from Charles Shute, of New Rochelle, who was a perfectly responsible man? He replied, "I do it on the authority of Judge Beebe." They did not succeed in taking the horse. Collins at the corner, with eight men to assist in serving an execution against himself!

re

On the 19th January, 1855, the horse was given up to Thomas Carlin, Deputy Sheriff, the defendant in this case, on a writ of " plevin," or for "claim and delivery of personal property." Agreeably to instructions of my counsel, Messrs. Martin & Smiths, a bond was immediately executed, according to law, as I am informed and believe, and a demand made at the Sheriff's office, for the redelivery of the horse to me. Repeated promises were made by Mr.

Undersheriff Willet, that he should be so returned to me. At another time Willet told me that it was "shameful;" that he would make Carlin deliver him up; that he would make it a personal matter, etc.; but he never fulfilled these promises. On the morning of the 19th January, (the same day on which Carlin took the horse,) when in company with Martin & Smiths' clerk, Mr. Wm. H. Forman, on my way to complete the bond, by a justification of the sureties, according to law, we met Carlin, when a conversation commenced with him. Carlin then stated that he was on his way to Beebe & Donohue's office; that they had sent for him, and wished him to withdraw that "replevin suit;" but that he was not going to be humbugged, and he would not withdraw it, till he had put the horse back into the stall where he had taken him from. I told Carlin that it was only a trick to get the horse out of my possession upon false pretences, as they had done before; and that he must not withdraw the suit till he had put the horse back to where he had taken him from. Carlin promised me that he would not.

Finding that I could not get my horse by civil process, I applied to J. R. Whiting, Esq., as to the criminal liability of the Sheriff. After his having taken time to examine the law, he informed me that Carlin was subject to an indictment for a misdemeanor. In company with Mr. Whiting, John Orser, High Sheriff of the County, was applied to, who referred us to Willet, (the Undersheriff.) Willet called Carlin up from the office below, who stated that he had delivered the horse to Collins at the request of Judge Beebe, and that he would return him the next day at three o'clock, at the stable where he had taken him from. It was not done. This was in the latter part of January, or the first week in February. On the 12th February, Carlin was held to bail by Justice Osborne; and Mr A. Oakey Hall, the District Attorney for the People, (who is the private counsel of the Sheriff,) directed Justice Osborne to take Carlin's own recognizance; and he has remained his own security to appear for trial up to this day. By the advice of Mr. Osborne, I applied to the District Attorney to compel Carlin to put in other

security for his appearance, but it has not been done. On the 19th March, Carlin was indicted by the Grand Jury. I got before them through my own exertions. It will be shown that there would have been great efforts made to prevent an indictment, if it had been known that I was to appear before them. Within a day or two, (I think on the 21st March,) Carlin called on me early in the morning, at the St. Nicholas Hotel; and said he wished to return my horse, if I would give a receipt for him. I declined to give any receipt. It will be seen that Carlin was arrested and held to bail on the 12th February; that he was indicted on the 19th March; that he never came near me until after he was indicted, and then to make conditions with me. On the 24th March, I proceeded to Albany, and made charges against John Orser, Sheriff, to the Governor of the State, who sent to the District Attorney to take the evidence, and send it to him for his decision. At an interview with the District Attorney, he told me that he was "the private counsel for the Sheriff, and the personal friend of the Governor," which placed him in a "delicate position," and asked me to employ private counsel in the case. I employed Richard Busteed, Esq. Mr. Busteed took all of the evidence before Judge Daly, except on the first day of the proceedings. Judge Beebe, as counsel for Carlin, then claimed to have the indictment tried in the Court of Special Sessions; but afterwards withdrew that claim, and gave the District Attorney verbal notice of a motion to quash the indictment. The District Attorney promised me that the motion should be argued on Saturday, the 9th June; and that Carlin should positively be brought to trial during that month. He did not fulfill either promise. The motion was argued before his Honor the Recorder, (by Mr. Whiting for the State, Judge Beebe for the accused,) on the 13th September, and his decision was given on the 13th October, refusing to quash the indictment. Mr. Whiting wrote to me, on the 17th October, in reply to a note I had written him, that "he was ready to try the case, whenever it could be brought on; but at the next term (November) he might find himself so engaged in the Baker

case, in the Oyer and Terminer, that he could not try it; but that I would find no difficulty in obtaining other counsel, in such an event." I communicated this to the District Attorney on the 19th October, and respectfully asked him to bring it on during that (October) term. No reply from the District Attorney. On the 30th October, I wrote to the District Attorney, "Will you now name a day for the trial of Thomas Carlin?" I quote his reply:-' "The case referred to, is for Wednesday, Nov. 7th, first day of term. Mr. Whiting's engagements in the O. and T. prevented his attention to it earlier, since the Recorder's judgment." From this it appears that the District Attorney knew Mr. Whiting's business better than Mr. Whiting did himself! Having ascertained from Mr. Whiting, that this case, and one of burglary, in this court, and the case of Baker, in the Oyer and Terminer, were noted for the same day; (in all of which Mr. Whiting was engaged as counsel,) I wrote to Mr. Whiting, and proposed to associate Richard Busteed, Esq., with him in the case, to act in the event of his (Mr. Whiting) not being able to try it, from other engagements; and that there might not be any plea, on the part of the prosecution, for not proceeding with the trial. Mr. Whiting gave his assent. I engaged Mr. Busteed, and notified the District Attorney to that effect. He replied, on the 3d inst., refusing to let Mr. Busteed act under any circumstances. The very counsellor the District Attorney was glad to permit to do his duty, (when I employed him for that purpose, at my own expense, and at his particular request!) and one who was fully acquainted with the case. On Monday, the 5th inst., I called at Mr. Whiting's office, and was told that he had gone down to the Court of Sessions. I was surprised on arriving here to find the court in session, as the District Attorney had written me, that "Wednesday, 7th inst., was first day of term." After ascertaining from Mr. Whiting that the District Attorney had the right to refuse to allow any particular person to act for the prosecution, (which was my business with Mr. Whiting that morning,) and having arranged that he would be ready to try the cause himself, on Wednesday, "the first day of

term," I was about to leave; but seeing Judge Beebe enter, I remained to see what was going on; and sure enough, Judge Beebe was there to make application (on really the "first day of term") to have this case removed to the Court of Special Sessions. His honor the Recorder refused to allow it to be removed. By arrangement between Mr. Whiting and Judge Beebe, with the consent of the Court, the trial was put down for Wednesday, the 14th inst. Mr. Whiting then stated, "If I am alive, I will be here to try the cause, to the exclusion of all other business." He was here, having left the case of Judge Stuart, in the Oyer and Terminer, to try this The three witnesses from West Chester County were here, (whom I had subpoenaed myself;) and so were the five witnesses for the prosecution, although they had not been subpoenaed by the District Attorney.

cause.

They had come at my request. The case was put off until the next morning, the 15th inst.; and the Assistant District Attorney, Mr. Sedgwick, was directed to subpana the five witnesses. I was here on the 15th inst., with the five witnesses, and the three from West Chester County; although only one of the five (Mr. Hoffman) had been subpoenaed! Mr. Whiting was also here, ready to proceed with the trial. Judge Beebe then stated to the Court, that he was no longer the counsel for Carlin, but only a witness in the case; and that Carlin had engaged Mr. Stoughton, who was then engaged in the Stuart trial, in the Court of O. & T. His honor the Recorder asked Judge Beebe, "when Mr. Stoughton was employed in this case?" Judge Beebe replied, "at the time this cause was set down for trial in this court," (which was on the 7th inst.) Now, gentlemen, Mr. Stoughton stated, in the presence and hearing of several gentlemen, that when Mr. Sedgwick, the Assistant District Attorney, told him, on that very day, the 15th inst., that he (Stoughton) was engaged as counsel for Carlin, it was the first that he (Stoughton) had heard of it!

The Recorder then put this case down for the first one to be tried in this court, after Mr. Stoughton's engagement was ended in the