davit, in the case of my complaint against John Orser, the Sheriff, &c. Please furnish them with it, and oblige,

Respectfully,

Your most ob't,

ARTHUR T. JONES.

At this time, I had resolved to make public everything connected with these cases, let them take what course they would. I therefore engaged the services of Messrs. Hayes, Hincks, Carey & Co., short-hand reporters, No. 195 Broadway, (in the old Franklin Hotel building.) They have reported the testimony in the case of Orser; the argument on the motion to quash the indictment of Carlin, and his trial. The beautiful manner in which they have accomplished their task, shows them to be perfect masters of their art, and that the art itself is truly wonderful. I apprehend that it is not only necessary to be perfectly familiar with the theory; but that it is only those who possess a peculiar genius, who can use it with the perfection to which these gentlemen have arrived.

The time of taking this evidence, in the case of Orser, extended from the 17th of May to the 23d of July, including various adjournments, &c.

I will present the whole testimony here together. Governor Clark's decision thereon will be given in its proper place, (according to the date on which it was received); when I will consider his decision, and give my opinion upon it, in connection with the testimony.

THE CASE OF ORSER,

REPORTED BY

MESSRS. HAYES, HINCKS, CAREY & CO.

COURT OF COMMON PLEAS.-CHAMBERS.

BEFORE HON. JUDGE DALY.

WEDNESDAY, May 17th, 1855.

In re the complaint of

ARTHUR T. JONES,

against

JOHN ORSER, the Sheriff of the city and

county of New-York.

This matter came up under an order made by Hon. Judge Woodruff, for evidence to be taken, in support of the charge before the Judge at Chambers, in pursuance of the Revised Statutes.

The District Attorney (A. Oakey Hall) appeared, ex-officio, to sustain the charge, and Richard Busteed, Esq., as private counsel for Mr. Jones, the complainant. Ex-Judge Beebe appeared for the Sheriff.

Mr. Beebe applied for a postponement of the case until some future day, assigning as a reason that he was actually engaged in the trial of a cause in another court, and could not be present here. He knew it was impossible to get his honor to take the evidence early in the morning; but was there no afternoon that could be devoted to it?

The Judge replied:—I cannot possibly attend to it in the afternoon. I am engaged, on an average, till one or two o'clock in the morning, on the business of this court; and the afternoon hours I devote to that physical exercise which is absolutely necessary.

MR. BEEBE.-I am perfectly willing to have the testimony taken at any time which shall be fixed upon, if it can be done by the parties retiring to a corner of the room, and taking the testimony there.

THE DISTRICT ATTORNEY.-We are of opinion that the testimony must be taken before your honor, by the words of the statute.

MR. BEEBE. I only desire to save trouble in this matter. I certainly will not take exception, if the course I have suggested be pursued.

After some further conversation between the counsel, his honor decided (after referring to the statute) that it was only necessary that the evidence should be taken in the presence of the Judge.

MR. BEEBE.-I now ask your honor to postpone this case till another day, in view of the fact that I am engaged in the trial of another cause of very great importance, which had been put off so often that the Judge positively refused to postpone it to-day.

MR. BUSTEED. The difficulty is, that the practice of the learned gentleman is mainly confined to the U. S. Courts, and they take no notice of the State Courts, or of their authority and dignity, and will not adjourn causes there because of the engagements of counsel elsewhere. Now this case was adjourned the other day, at the request of Judge Beebe, until 11 o'clock this morning, and several of the witnesses are here. Mr. Jones, the principal witness, has been here all the morning, and is anxious to be examined.

THE JUDGE. These postponements cause a serious loss of time to the witnesses.

MR. BEEBE.-I fully understand that, and am exceedingly sorry that it has so happened. I was here at 11 o'clock, and could have gone on for an hour, but I could not get your honor's attention.

THE JUDGE. Well, there will be no difficulty of that kind hereafter; because, under the decision just made, the counsel can take the witnesses to a side table, and examine them there.

[While these proceedings were going on, it occurred to me that as I was there with private counsel, to do the duties of the District

Attorney, I appeared in a false position. I took some paper from the table, and wrote down my ideas, having resolved to address the Court on the subject. I stepped toward the Judge, and said, “If the Court please. I am the complainant in this cause, and ask the indulgence of your honor, in permitting me to make a few remarks, previously to any evidence being taken."

JUDGE DALY.-Certainly, Mr. Jones.

JONES. Rather than take up the valuable time of the Court by the utterance of a single word more than I consider absolutely necessary to say, I have written down what I would express, and with your honor's permission, I will read it.

JUDGE DALY.-Certainly.]

After some conversation as to the day to which the matter should be postponed,

MR. ARTHUR T. JONES, the complainant, read the following statement to his honor:-"Having been forced into the defence of what I deem to be an important principle, in which every citizen of NewYork is deeply interested; and as I am the complainant against the Sheriff of the county; and lest I may appear before the public in a false position, as actuated by feelings of personal animosity against the Sheriff, from the fact that I appear here with extra counsel, to assist in the performance of a duty incumbent on the District Attorney; I desire to make a brief statement. Mr. Hall stated to me that, being the counsel for the Sheriff, and the personal friend of the Governor of this State, he was placed in a delicate position; and asked me as a favor, to employ counsel to conduct the case with him, as in any event, under the circumstances of the case, reflections might be cast upon him. After three applications to counsel, to act in the matter, I am happy to state, that out of courtesy to the District Attorney, I have been so successful as to obtain (at my own expense) a counsellor who is not afraid to perform his duty."

[Judge Daly said, "Mr. Jones, if you desire it, I will attach this statement to the papers." I consented that he should do so.

HALL, (aside).-Mr. Jones, I shall want you to alter one word in that statement.

JONES.-What is it?

HALL. I have no acquaintance with the Governor at all. I don't know him personally. I am only his political friend. I should like the Judge to alter that word.

JONES.-Mr. Hall, I know what you said. At the time, I then repeated over what you had said to me, and you did not say political, then. But if you prefer it in that way, I have no objection to have the word altered.

HALL.-I do.

JONES.-I suppose you put your vote into the ballot-box for the same party as the Governor?

HALL.-That is it.

JONES.-Which placed you in a "delicate position." (To Judge Daly.)-Judge, Mr. Hall desires the word personal to be altered to political, to which I have no objection.

JUDGE DALY.-I will so alter it.]

The case was then adjourned until Monday, the 28th May.

[Either on this day, or on one of the previous occasions when this cause had been adjourned, Mr. Hall, Judge Beebe, Mr. Busteed and myself being present, Mr. Sedgwick (the Assistant District Attorney) came into the court-room, and told Mr. Hall, that Mr. Donohue had sent word, that "they" had withdrawn the motion to quash, and had claimed that Carlin should be tried at the "Court of Special Sessions." Mr. Hall asked Judge Beebe if that was so. Judge Beebe replied, "I will see about it, and let you know." I afterwards inquired of Mr. Sedgwick, in the District Attorney's office, "how the matter stood?" when he told me, that they had concluded not to withdraw the motion to quash. I told him that it was only done for the purpose of creating delay, and to keep off the trial. He replied, "that he had not the least doubt that it was so." I afterwards called on Mr. Hall, and urged upon him a request