of Carlin,) testified, under oath, at the trial. (See page 216.) His evidence, if true, went to show his own unlawful acts, by cheating a public officer while in the discharge of his duty, and by absolutely stealing the horse out of the possession of the Deputy Sheriff, or from Mr. Henry Cleaver, one of the proprietors of the stable. Any man who possesses the unblushing assurance to testify to his own rascality, in the face and eyes of a criminal court, is entitled to just the consideration that the jury gave to Collins' testimony. The jurors totally discarded Collins' evidence. Henry Cleaver testified, under oath, before Judge Daly, (see page 75,) that Carlin served the "replevin" papers on him; that he delivered the horse into Carlin's possession; that Carlin gave the horse into the possession of a young man (whom Carlin had there with him,) who rode him away. Mr. Cleaver asked Carlin, where he was going to take the horse? and Carlin replied, "I am responsible for him for three days." Thomas Carlin swore (see page 81) that he took the horse by virtue of the writ of replevin; that he gave him into the possession of a man by the name of Kruger, for safe keeping, and that he did so at the request of" Mr. Charles Donohue, of the firm of Beebe & Donohue, lawyers!" On reference to the testimony of John Collins, (see page 216,) it will be plainly seen, that either Henry Cleaver, Esq., and "Tom Carlin" swore falsely, or that this “mariner" did. The jurors did not believe Collins, or they would never have convicted Carlin for "willful neglect of duty." The object of Collins' testimony evidently was, to screen Carlin from appearing to be willfully amenable to the words of the statute, upon which he was indicted. What was Collins' motive for this desperate attempt to screen poor Carlin?" Was it because he had got him into the scrape originally, that he endeavored to extricate him? After reading his testimony, given on the trial of Carlin, it is superfluous to canvass John Collins, Jr.

66

I was advised by my counsel, last spring, to have him indicted for perjury; but I had no desire to hurt the feelings of some who are related to him, (and for whom I entertain feelings of the high

est respect,) and I considered him entirely beneath my notice. I would not have condescended to notice him in this place, but from the necessity arising from his connection with these matters. The only harm that I wish him is, that he will never get into such another scrape again.

Thomas Carlin, it is not necessary to say a word more about. I simply ask, What did he do with my bond of indemnity to the Sheriff which was given to him by Mr. Willet, when he gave Carlin the replevin papers to serve? It is not filed in the Sheriff's office, and it is not to be found anywhere. I ask, What did " Tom Carlin" do with that bond?

I should also like to know, where those "charges and specifications," and the "written statement of motives from the prosecutor," is, (the statement that I made to Judge Daly,) (see page 65), that Mr. A. Oakey Hall did not send to the Governor on the "8th August," (the time that Hall wrote that letter containing "suggestions" as to 66 a suit at law" wherein he stated that those documents "were and are in the possession of Judge Daly, and have been mislaid!") Did Mr. Hall ever make any exertions to find them, after the 8th day of August? Did he find them? Did he send them to the Governor? Did the Governor ever see them? Has the Governor got them? I ask where are they? They were not filed in the Governor's office, with the testimony in the case of John Orser, although that letter of "suggestions" was! I ask where are those papers? and where is that bond? the last knowledge of which is, that it was in the possession of "poor Carlin ?"

LIST OF THE JURORS WHO CONVICTED CARLIN.

(These names were omitted in the report of the Trial. I had no personal acquaintance with either of them.)

PETER BANTA, Fish Dealer, 222, 227 Church-street.

JOHN D. WENDELL, Furs, 79 Maiden Lane.

JACOB LOUAL, Builder, 60 North Moore-street.

GEORGE SMITH, Frame Maker, 220 E. Eleventh-street.

MALACHI FITZPATRICK, Grocer, 283 W. Twenty-second-street.
JOHN HEMMING, Umbrellas, 200 W. Eighteenth-street.
OLIVER LOVELAND, Lime, 38 or 45 Bedford-street.

THOMAS G. HODGKINS, Confectioner, 154 Greenwich-street.
WILLIAM W. CROOM, Merchant, 127 Pearl-street.
WILLIAM H. HALL, Shoe Dealer, 54 Bank-street.
JOHN CARSON, Mineral Water, 18 Vestry-street.
JAMES L. WOOLEY, Grates, 96 Orchard-street.

On Thursday, the 21st February, 1856, (the day to which the Supreme Court had adjourned,) I appeared in court with my counsel, Richard Busteed, Esq., who made a motion, in behalf of the Hon. Stephen B. Cushing, the Attorney-General of the State of New-York, and at his request," that the argument on certiorari in the case of Thomas Carlin be set down for a hearing on Thursday, the 28th inst.;" his honor Judge Roosevelt, P. J., granted the motion.

I understand that the presiding Judge stated on that day, that no arguments would be forced on by the Court during this term, and that it must be understood by those who chose to argue their causes, that the arguments must be addressed to two judges only, viz., himself and Judge Clerk, although Mr. Davies and Mr. Peabody (who both claim to have been elected Judges at the late election) take their seats on the bench regularly every day. As the Judges themselves appear to have doubts as to the legality of their acts and decisions, and as this argument is to come off on the last day of this term, and as the general term of the Supreme Court is not held again until the month of May, (and as it is to be presumed that the decision in this case will not be given until then,) there is no knowing when this melo-dramatic farce will ever come to a conclusion. If such an event should ever take place, I will then promulgate the result to the public; and they may rest assured that all of the Courts in this State will have to be annihilated before I will ever rest, while I live, until this principle for which I have alone so long and laboriously contended, has been settled beyond a question. Should I die during the interim, my executors are fully instructed to carry out the same purpose, as long as there is a dollar of my estate left to do it with. Should the proceeds of my estate give out, my last request is, that my friends will take up the principle, and carry it out to the extent of their lives and means, for the benefit of another generation of people !

I cannot give my friends a better idea of the position of public justice in the city and county of New-York, at this present time, and also of the horse matter, than by the following illustration, which has been drawn (agreeably to my "suggestions") by J. Dallas, Esq., artist, and President of the "New-York Sketch Club," and engraved by William Roberts, Esq., (both gentlemen of the greatest eminence in their profession.)