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county, told me, that he could not try the Deputy Sheriff “this term.” Since then, ex-Judge Beebe sneeringly told me, that he would never be brought to trial. I am aware that I shall meet with the greatest opposition, in my endeavors to bring these parties to justice; but I shall not flinch in what I consider my duty to myself and the community. I have no personal feeling on the subject, but having been forced into the defence of what I deem an important principle, I shall never stop till it is concluded. I have not appeared before the Grand Jury, placed my affidavit in your hands, and put myself to the greatest inconvenience to visit Albany, for nothing. I am determined to know whether the laws can be broken with impunity, by those clothed with so much power, as to break down my house if I resist. I therefore request, most respectfully, that you act upon my complaint at your earliest convenience, or return to me the affidavit that I placed in your hands.
Your most ob't,
ARTHUR T. JONES.
I was all this time endeavoring to get Messrs. Martin & Smiths to compel Beebe & Donohue to bring on the replevin suit, that I might be able to prove my ownership to the horse beyond a peradventure. On the 21st April, that replevin suit was dismissed, as I have before stated. As I came out of the court-room it occurred to me to call on Justice Osborne, and find out who had become bail for Carlin. Mr. Osborne told me, that Mr. Hall, the District Attorney (the private counsel for the Sherif) told him, at the time, to take Carlin's own recognizance! Mr. Osborne asked me if he had not been tried yet? I said, “ No, sir.” He then said, “ that it was wrong; and that I ought to go to Mr. Hall at once, and get him to compel Carlin to put in other security.” I thought I would get Mr. Whiting to do it.
JONES TO WHITING.
New-YORK, April 21st, 1855. JAMES R. Waiting, Esq.,
DEAR SIR : I called on Justice Osborne this morning, to ask who was the bail for the appearance of Thomas Carlin at the Court of Sessions. He replied that the District Attorney desired him at the time to take Carlin's own recognizance, which he did. Mr. Osborne agrees with me that the District Attorney should be called on, and required to compel Carlin to give other bail. I desire that you take steps to that effect, and if the District Attorney does not immediately require other bail, I request you to make application to the Recorder, or take such other course (if that is not proper) as you deem best to attain the object. Is it proper that a person indicted for misdemeanor should remain under his own recognizance to appear for trial ?
Very truly yours,
ARTHUR T. JONES.
Mr. Whiting did not do as I asked him ; and I believe he told me that it was a common case ; and that it was not likely that Mr. Hall would require other bail. I then called on Mr. Hall, who said, “ It was customary, and that Carlin would not go away, &c.” I could not help it, so the matter has remained till very recently-Carlin his own bail.
I had quite a recess from this time. On the morning of the 3d of May, I was started from my slumbers by a rap on my door. The following order was then served upon me :
May the 2d, 1855. 5
York, to his Excellency the Governor, (a copy whereof is here filed) and on motion of the District Attorney of the city and county of New-York-It is ordered; that a copy of the said charges be forthwith served upon the said Sheriff, and that he be furthermore hereby notified, that upon Saturday, the 12th day of May instant, at 10 o'clock, A. M., of that day, at Chambers, testimony upon the said charges will be taken before one of the Justices of this Court; and it is further ordered; that a copy of this order be forthwith served upon Arthur T. Jones, Esq., and he be requested to attend at such time and place, to give testimony upon the said charges.
B. H. JARVIS, Cik.
On the same day, James R. Cumming swore that he served the above on me,“ by personally delivering said copy order to, and leaving the same with, said Jones, at room No. 82 St. Nicholas Hotel, in said city, at about 834, A. M., on said day."
I don't know how long the District Attorney had the order from the Governor before he made the motion to the “Common Pleas;" but it is probable, that the Governor acted pretty soon after my last letter of 9th April.
The District Attorney nerer applied to me, to know what witnesses were to testify in the matter, or whether any were required. He did nothing, within my knowledge, except to have this order served. Some days after this order was served, I called on the District Attorney, in company with Mr. Whiting, to know if he would name a day for the trial of Carlin that (May) term.
Hall.-Judge Beebe is going to put in a motion to quash the indictment.
[That was a poser to the chance of having him tried during that term.]
Hall.—Mr. Jones, in the case of the Sheriff, you will oblige me, if you will bring private counsel to take down the testimony.
JONES.—Why so, sir.
HALL. I am the private counsel for the Sheriff, and the personal friend of the Governor, which places me in a delicate position.
JONES.—You say you are the private counsel for the Sheriff, and the personal friend of the Governor ?
Hall.-Certainly, and it is my duty to take the evidence. But, in any event, it might cause remarks to be made that would be unpleasant, and you would oblige me very much. Here's Mr. Whiting now, if he would consent to act for you.
WHITING.—When is it?
WHITING.—No. I cannot consent to have anything to do with any case before him.
JONES.—Never mind, Mr. Whiting. Mr. Hall, I will endeavor to find counsel.
I wish it to be expressly understood, that up to this time, all my intercourse with Mr. A. Oakey Hall had been conducted in the most polite manner, on both sides ; and that I parted from him then, on what I supposed to be the most friendly terms. In fact, I left for the purpose of doing him a favor, at his own desire.
I immediately applied to “eminent counsel,” to get them to take down the evidence in the case of the Sheriff. One of the firm said, “ Jones I don't ask us to do this. The fact is, if we were to lift a finger against these Sheriffs, we never can get anything done in that office. The interests of our constituents are very large, and we find it necessary to ask favors of these Sheriffs, almost every day. Let us off, and don't ask us to do it."
I thought to myself, Thunder and Mars ! have I got to detail this confounded horse case to another lawyer. I asked who they
would recommend me to get? They said, Stoughton. I remembered that this was the gentleman that I had fought for about four years, in the case of H. W. & F. Dolson, who was owing our firm $8,500, (one of the first cases under the “New Code," on a “bill of discovery.") The result was, that the Dolsons paid us $2,500 cash, and seventy-five cents on the dollar for the balance of the claim ; and all of Stoughton's expenses, and mine, including all the law expenses for about four years! They paid all their other creditors thirty cents on the dollar. Stoughton is smart and technical. He had about as hard a case then, as he had when he undertook to defend “Tom Carlin,” and was beaten in both. My friends recommended him, I suppose, from having “ tasted his mutton” in the aforesaid case of the Dolsons.
When I got out into the air, I began to feel somewhat disgusted at the “profession" of which I was fast becoming a prominent member, although I was not fully aware of it at the time. As I plodded my way along, feeling like “a dog with his tail between his legs;" pretty much in the situation of Jeremy Diddler when he said to himself, “Where shall I dine ?" I bethought me of Richard Busteed, Esq., who I had heard" sum up” in the case of Kissane, which I remembered was one of the most powerful addresses I had ever heard. I immediately called on him. He gave me a shake of the hand, that made me think I had got hold of something tangible at last. I can't trust myself to speak of him now, or I should go on about “ glorious Dick," till the poor old horse would be entirely forgotten. So I will proceed to business.
JONES TO HALL.
NEW-YORK, May 10, 1855. A. OAKEY Hall, Esq.,
District Attorney, &c. DEAR SIR: As I have engaged counsel, at your request, (Messrs. Busteed & Ely,) I deem it necessary that they should have a copy of my affi