MR. BUSTEED. Mr. Whiting's course in relation to what? WITNESS.-Why, in relation to the horse we are talking about. In relation to the proceedings taken by me at the advice of Mr. Whiting, against Carlin, in taking him before Justice Osborne.

MR. BUSTEED. Now, I want to know when that horse was given to Collins? He was taken from you on the 19th of January. When was he given to Collins? On that day? Were you at the stables of Cleaver & Mason on the 20th?

WITNESS.-No doubt I was.

COUNSEL.-Was the horse away then?

WITNESS.-He was taken on the 19th.

COUNSEL.-Did Carlin admit that Collins had him before the 22d? WITNESS.-No; it was at the time we went to Orser.

COUNSEL.-Were any papers served on you in connection with the replevin suit of Collins against you?

WITNESS.-No.

COUNSEL. Neither summons, nor copy of undertaking, nor affidavit?

WITNESS.-No, none personally.

I received some from Mr.

Cleaver, or my counsel did, as I am informed.

COUNSEL.-Was it ever communicated by you to the Sheriff, or Undersheriff, that Carlin was indicted for this misdemeanor? WITNESS.-No, sir.

COUNSEL. You have no personal knowledge that they knew it? WITNESS.-Knew what? That he was indicted?

COUNSEL.-Yes.

WITNESS.-No, I don't know that they knew it; but I think they were very well posted up about it.

Cross-examined by ROBERT W. ANDREWS, ESQ., who appeared for the Sheriff:

COUNSEL.-Where is this horse now?

WITNESS.—I do not know. I have no doubt where he is, but I don't know it.

COUNSEL. Have you seen this horse any time since?

MR. BUSTEED.-I suppose that is not at all material.

MR. ANDREWS. Suppose we were to show that the horse has been delivered to Mr. Jones; would not that end your proceedings here?

THE DISTRICT ATTORNEY.-Suppose we take down the question asked. What is the question?

MR. ANDREWS.-Have you seen that horse since it was taken by the Deputy Sheriff from the stable of Cleaver & Mason?

WITNESS.-Yes.

COUNSEL.-When, and where?

WITNESS.-I have seen him very often in the stable of Cleaver & Mason. I have seen him in the stable where I presume he is now, on Twenty-third-street, several times.

COUNSEL. You presume he is there now?

WITNESS.-Yes, unless they have taken him out to drink.
COUNSEL. Have you had him in your possession?

MR. BUSTEED. I presume that question is not admissible. THE DISTRICT ATTORNEY.-It is a question of legal import, and would not be permitted in Court as calling for a legal conclusion. MR. ANDREWS.-I suppose that if I have personal property in a horse, and ride and drive it, that I have possession of it.

THE DISTRICT ATTORNEY.-Well, we will take down the question. MR. BUSTEED. The witness may answer it, subject to the objection.

WITNESS.-I had him in my possession.

COUNSEL. From whom did you get him?
WITNESS.-I did not get him from anybody.

COUNSEL. From where did you get him?

WITNESS. From the stables of Cleaver & Mason, Nos. 57 and 59 Mercer-street, where I found him one day.

THE DISTRICT ATTORNEY submitted that this was immaterial.

After some conversation between the counsel, the cross-examination was resumed.

COUNSEL.-When did you find him?

WITNESS.-Well, I can't say whether I found him on the 30th or 31st of March. I think it was the 31st, as near as I can recol

lect.

COUNSEL.-Do you know how the horse came there?

WITNESS.-No, sir, I do not. He never was delivered to me. I never received him, and I don't know who put him there.

COUNSEL.-Mr. Jones, when did this conversation you speak of, between Mr. Whiting, and Mr. Orser, and yourself, and Mr. Willet, take place?

WITNESS.-I cannot give you the precise date. It must have been along in the latter part of January. It may have been in the first week in February, but I think not.

COUNSEL.-In whose stable on Twenty-third-street is the horse

now?

WITNESS.-It is said to be that of Mr. Hathorn. I saw the horse there last night, and presume he is there now.

COUNSEL.-Who left him there?

WITNESS.-I don't know. If you want me to tell the reason why I cannot say, I will tell you.

COUNSEL.-When did you last have him?

WITNESS.-Yesterday afternoon. (In reply to Mr. Busteed.)-I was examined before the Grand Jury on the charge against Mr. Carlin, of a criminal nature, on the 19th of March last. On the next day, or the next day but one or two, while in my room at the St. Nicholas, I received a card, with the name of Thomas Carlin. When I got ready, I went down stairs. Carlin came up to me, and touched his hat, and said, "that he wanted to return me that horse to-day, at three o'clock, if I would give him a receipt for him;" which I refused to do. Carlin then said, "When I took that horse, I told Judge Beebe, that if Mr. Jones put in bail, I should have to give him right up."

MR. BUSTEED.—Did Carlin make any appeal to you in reference to any proceedings taken against him?

WITNESS.-He said he did not see why I should want to injure him, or ruin him, or something of that kind; as it was all Judge Beebe's fault.

MR. BUSTEED.-What did you say in reply to that?

WITNESS.-I told him I thought that he was in a great hurry to bring the horse back, now he found that he was indicted. That he had promised to bring him back often before, but that I had not seen my horse, and did not see him now.

Mr. Andrews. Did you expect the horse to be brought into the St. Nicholas ?

WITNESS.-No, but he might have been brought to the door.

HENRY CLEAVER, sworn and examined by MR. Busteed:

[I wish the evidence of this witness to be particularly noted, and compared with the testimony of John Collins, Jr., at the trial of Thomas Carlin.]

COUNSEL.-What is your business? and where is your place of

business?

WITNESS.-I am a livery-stable keeper, and do business at 57 and 59 Mercer-street.

COUNSEL. Do you know Arthur T. Jones and Thomas Carlin? WITNESS.-I know Mr. Jones. I do not know Mr. Carlin personally, but I should know him if I were to see him.

COUNSEL.-Before the 19th of January, 1855, had you on livery, for Mr. Jones, a horse, and if so, what description of horse?

WITNESS.-I had. It was a gray horse, with a short tail. COUNSEL.-Was that horse taken from your possession by any person other than Mr. Jones? and if so, when and by whom? WITNESS.-He was taken by Deputy Sheriff Carlin. COUNSEL.-When?

WITNESS. The 19th day of January.

COUNSEL. At what hour in the day was it?

WITNESS.-It was between half-past 10 and 11 o'clock in the forenoon, near eleven.

COUNSEL.-When Mr. Carlin took the horse did he avow his official character to you? and did he serve upon you any papers? WITNESS. He told me he was a Deputy Sheriff, and served me the papers now produced. (Papers handed in.)

upon

COUNSEL.-Were these papers the only ones served upon you? WITNESS.-At the same time he left with me his card.

COUNSEL.-Were there any other papers in the suit, left with you, or given to you, by Mr. Carlin ?

WITNESS.-No.

COUNSEL. Did you ask Mr. Carlin what he was going to do with the horse?

WITNESS.-I did. I asked him, "Where he was going to take the horse?" He did not tell me where, but he said that "he was responsible for him for three days."

COUNSEL.-Was there any summons left with those papers ?
WITNESS.-No.

Cross-examined by Mr. ANDREWS:

COUNSEL.-Did Mr. Carlin take the horse away himself?

WITNESS.-I delivered him into Mr. Carlin's possession.

COUNSEL.-Did he take him away himself?

WITNESS. He had a young man there, who got on to the horse's

back and rode him away.

COUNSEL.-Do you know who the young man was?

WITNESS.-I do not.

COUNSEL. Has that horse ever been returned to your stables?

Objected to by Mr. Busteed, as immaterial.

WITNESS. (Answer subject to the objection.)-The horse has been left at my stable.

COUNSEL.-When? and by whom?

WITNESS.-I cannot say who left him there.

COUNSEL.-Well, can you say when?

WITNESS.-I do not know exactly.

COUNSEL.-What month? Was it in March, April or May?