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I call attention to the eulogium of Mr. Whiting, in the foregoing argument, on Mr. Henry Vandervoort, the highly esteemed Clerk of the Court of General Sessions. Mr. Vandervoort has occupied this very important office for many years, and his kind and gentlemanly deportment upon all occasions, independently of his great legal acquirements, entitles him to the respect of all who have had business to transact in that Court. I beg to thank him for his many courtesies to me, although I could scarcely claim the honor of a personal acquaintance with him. I am also indebted to his gentlemanly deputy, John Sparks, Esq., for the kind manner in which he did me a favor. .
On the 31st December, 1855, I ascertained that the security for $500, which was ordered from Thomas Carlin by his honor the Recorder, was “ Franklin Gilmour, the special deputy of the Sheriff to carry the prisoners to Sing Sing."
I do not know whether Mr. Franklin Gilmour is a responsible party or not; if he is, it seems to me that his occupation does not prove it. At all events, I am willing to believe that it is as good security to the People as they had from the 12th February, 1855, which was Thomas Carlin's own recognizance !
Alas! on the 4th January, 1856, my faithful old gray horse departed this life. He had been ill for about three weeks. No sick child could have had more kind nursing, attention, and care; but the violence of his attack was too much for a horse of his age, and he gradually sunk into the sleep of death. It will be a long time ere the memory of his noble nature will be erased from my heart. I feel as though I had lost an old friend. But the "wind is tempered to the shorn lamb,” and this sorrow, like all griefs, will be soothed in its proper time. Although he has innocently been the cause of a great deal of trouble to me, yet believing that “all is right,” (even this vexatious litigation,) I trust that the time will arrive, when it will be seen that my connection with the “old gray” will be productive of great good. The following “ obituary" was sent to all of the gentlemen who had béėn connected with these proceedings :
This good old fellow had become celebrated during the past year, from having kicked over a Deputy Sheriff, of the County of New-York, and all of his aiders and abettors; and from having been ridden in the Court of Sessions by high public officials and several eminent lawyers.
It is not known whether these circumstances preyed on his better nature, and predisposed the disease that carried him
The immediate cause of his death was the prevailing horse-distemper.
He had kind attention during his illness, and it may be a consolation to his friends to know, that he was not sent to the “Bone-boiling establishment,” but has been decently buried on Long Island.
Although his race is run on earth, let not those who have done him wrong rest in fancied security that he will kick no more, for he will never remain quiet till
“ Justice is satisfied, and Rome is free."
January 7, 1856. “NEW-YORK GENERAL SESSIONS, Before The Hon. JAMES M. Smith, Recorder of the City of New York,
and Justice of the Sessions.
A motion having been made and argued, at the last term of this Court, in arrest of judgment, and due deliberation being had thereon, It is ordered and adjudged by the Court, that said motion be, and the same is hereby denied.
Extract from the minutes.
I did not learn of this decision till the 22d of January, 1856. immediately wrote to the Recorder.
JONES TO THE RECORDER.
115 BROADWAY, NEW-YORK, Jan. 23d, 1856. Hon. JAMES M. Smith, JR.,
Recorder, doc., DEAR SIR: On inquiry, I have ascertained that you have denied the motion “in arrest of judgment,” in the case of Thomas Carlin. At my request, a copy of your decision has been furnished to me by Mr. Vandervoort, the Clerk of the Court. I am anxious to have this matter finally disposed of, as early as possible. I have expended so much time about it, that I desire to be relieved of this quasi
public duty. You have discharged your part in the premises so as to merit praise, and I shall not offer you an apology for reminding you of a fact you might well forget amidst your multiplied cares of office, that one thing yet remains to be done.
Please do me the favor to let me know when “the sentence of the Court” will affirm and finish “ the finding of the Jury.”
ARTHUR T. JONES.
MEMORANDUM.—Delivered a copy of the above to Recorder Smith, January 23, 1856. I called on the Recorder several days afterwards for an answer, who replied, “ There is no answer at present."
I then wrote to the District Attorney.
JONES TO HALL
115 BROADWAY, Jan. 29, 1856. A. OAKEY Hall, Esq.,
District Attorney, &c., SIR: The Recorder has denied the “motion in arrest of judgment" in the case of Thomas Carlin. As the complainant, and consequently the representative of the People, (and as Mr. Whiting has now judicial duties to perform,) I suggest that it is high time that the sentence of the law should be pronounced; and therefore respectfully desire to know from you, by the bearer, if I can rely upon your moving the Court to pronounce the sentence, on the first day of the next term ?
Your ob't servant,
ARTHUR T. JONES.