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WITNESS.-I cannot state positively, for I really do not know. It was not May. I think it was in April.

COUNSEL.-Were you at the stable when the horse was brought

back?

WITNESS.-No, sir.

COUNSEL.-Is he there now?

WITNESS.-No, sir,

COUNSEL-By whom, and when, was he taken away from the stable, after he was brought back?

WITNESS.-By Mr. Jones.

COUNSEL.-And when?

WITNESS.-I cannot recollect the time.

WEDNESDAY, May 30th.

The examination was resumed this morning.

MR. BUSTEED. I propose to annex to this evidence, searches for judgments against Mr. Collins, which I have directed to be made. MR. ANDREWS.-I really cannot see that that has any bearing on the case?

MR. BUSTEED. Oh, yes it has. I propose to prove malfeasance on the part of the Sheriff, by showing that he took the property of a responsible citizen, and gave it to an irresponsible person. MR. ANDREWS.-The question is, whether it was his property

at all.

MR. BUSTEED. Were you ever authorized by Mr. Jones to receive this horse back, after he was taken away from you by Carlin? Objected to by Mr. Andrews, as immaterial.

WITNESS.-(Answer subject to the objection.)-I was not.

AARON PENNINGTON WHITEHEAD, sworn and examined by MR. BUSTEED. I am an Attorney and Counsellor at law, and do business at 56 Wall-street. In January, 1855, I was a student at law in the office of Martin and A. F. and E. D. Smith.

COUNSEL-State what your connection

was, if

any,

with a reple

vin suit brought by John Collins and wife, against A. T. Jones and Cleaver & Mason, to recover possession of a gray, short-tailed horse, and all you know about the proceedings therein.

WITNESS. On the 19th of January, 1855, I was informed that a gray horse, belonging to Arthur T. Jones, had been taken, on a writ of replevin, from the livery-stables at Mercer-street, kept by Cleaver & Mason. I was requested by Messrs. Martin & Smiths to take the necessary proceedings for the redelivery of the horse to Arthur T. Jones, who claimed the horse as his property. I accordingly prepared an undertaking for the redelivery of the horse, according to the provisions of Sec. 211 of the Code of Procedure. The undertaking was duly executed in the sum of $600, that being twice the value of the horse as sworn to in the affidavit of the plaintiff. I took the undertaking to the Sheriff's office the same day, and delivered it to Mr. Willet, the Undersheriff, and requested the redelivery of the horse to Arthur T. Jones. He said that it should be attended to. I then prepared notice of justification of Mr. Jones' sureties in the undertaking, as required by Sec. 212 of the Code of Procedure, for the 22d of January, at 10, A. M. (Objected to by Mr. Andrews.) I served this notice on Beebe & Donohue, Attorneys for Collins, at their office on Wall-street, on the said 19th day of January. On the 22d day of January, I was present, at 10 o'clock, at the Chambers of the Superior Court, (for which place it was noticed,) and the sureties then and there justified in the sum of $1200. The same morning, I served the original justification, and the approval of the sureties by the Judge of the Court, upon the Sheriff, at his office, by delivering it to Mr. Willet, and again demanded the redelivery of the horse to Mr. Jones. He said it should be done; that they would attend to it as soon as possible. A notice that the sureties had justified, as I have stated, was, as I am informed, served that day upon Beebe & Donohue.

COUNSEL.-Do you know whether this replevin suit has been abandoned, or whether it is still pending?

MR. ANDREWS.-That is not material, and I object to it.

WITNESS. (Answer subject to the objection.)-On the 19th of January, when I called on Beebe & Donohue, to serve the notice of justification of sureties on them, Mr. Donohue stated to me that there was no such suit in existence, that the horse was not taken by the writ of replevin, or proceedings in the nature thereof, and that a constable had attended the Deputy Sheriff when he went to Cleaver & Mason's stable.

MR. BUSTEED did not think this material.

MR. ANDREWS.-If you take any of it, take all.

WITNESS, (resuming.)-I asked him, "if papers for the delivery of the horse, according to the provisions of the Code, had not been served on Cleaver & Mason, when the horse was taken ?" and he said, they had.

COUNSEL.-Do you know what has been finally done with that

suit?

WITNESS.-I do not know anything personally about it; but I know the facts. (Objected to by Mr. Andrews.) I have been informed by W. H. Forman, who was and is with Martin & Smiths, that judgment has been taken against Collins and wife, the plaintiffs in that action, for not prosecuting their suit. I have seen the papers myself.

COUNSEL.-Have you ever seen the judgment-roll?

WITNESS.-No, but I have seen the order of the Court dismissing the suit.

The case was then adjourned until Wednesday, the 30th of May, at 10 o'clock, A. M.

RICHARD HOFFMAN, sworn and examined by Mr. BUSTEED.-I am acquainted with Arthur T. Jones and John Collins, Junr. COUNSEL.-On the 19th of January last, did you see Mr. Collins riding anywhere in the city?

WITNESS.-I did. I saw Mr. Collins riding a white horse.
COUNSEL.-Whereabouts was this?

WITNESS.-It was on Madison Avenue, near Thirtieth-street.

COUNSEL.-About what time of day?

WITNESS.-Between 12 and 1 o'clock in the day.

COUNSEL.-Which direction was he taking?

WITNESS.-He was coming in the direction of down town.
COUNSEL.-Do you know whose horse it was he was riding?

WITNESS.-I believe it to be Mr. Jones's.

COUNSEL.-Was it a horse you had seen in the possession of Mr. Jones before that time?

WITNESS.-Yes. It was a bobtailed horse.

COUNSEL.-Have you seen Mr. Jones driving or riding it since that time?

WITNESS.-I have. I have no doubt it was Mr. Jones' horse, or the one used by him.

Cross-Examined by Mr. ANDREWS.

COUNSEL. Are you positive about the day, Mr. Hoffman?
WITNESS.-I am.

COUNSEL.-How do you recollect that it was on the 19th of

January?

WITNESS.-I recollect that I had a letter from Mr. Jones, dated January 22d, and I know that it was on the preceding Friday that I saw Mr. Collins on the horse.

MR. BUSTEED then proposed to annex searches for judgments, to show that Mr. Collins was involved to a large amount, at the time the horse was handed over to him.

After some conversation between the counsel, the papers were received.

MR. BUSTEED then offered to show, that the replevin suit of John Collins, Junr., and wife, versus Arthur T. Jones and others, had been abandoned.

MR. BUSTEED, (to Mr. Andrews).-Will you admit that Charles E. Birdsall, one of the sureties, is the nephew of Judge Beebe, and was then in his office?

MR. ANDREWS.—I will admit that he is his nephew; but he was not in his office.

MR. BUSTEED. And will you admit that the Commssioner, taking the acknowledgments, was yourself, and that you are the partner of Judge Beebe ?

MR. ANDREWS.-I have not the slightest objection in the world to admitting that.

The case was then adjourned until Saturday, June 2d; at which time it was further adjourned until Wednesday, June 20.

[Messrs. Hayes, Hincks, Carey & Co., were not present at the taking of the balance of the testimony. The adjournments were so frequent, it was almost impossible to know when their services would be required. The rest of the testimony is copied from the original.]

Adjourned by several intermediate adjournments, to 18th July,

1855.

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

July 18th, 1855.

The above entitled matter is proceeded with, and

MR. ANDREWS, for the Sheriff, calls,

THOMAS CARLIN, who being first duly sworn to testify the truth, and examined, says :—

I am a Deputy of Sheriff Orser. I recollect having papers on a claim for delivery of personal property, in an action in which John Collins, Jr., and wife, were plaintiffs, and Arthur T. Jones and others, defendants.

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marked on their face A. O. H., No. 1 and No. 2, are

I took the horse, and delivered him to a man named Cruger, for

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