safe keeping. I took the horse on the day of the date of those papers. He was afterward returned to me, and I delivered him to the stable from which I took him. I left him there by the direction of Mr. Arthur T. Jones. I heard a conversation respecting this horse in Wall-street, at which I was present, between Mr. Forman and Mr. Jones. I do not recollect that I took any part in it.

In that conversation I do not recollect saying to Mr. Jones, that Beebe and Donohue had sent for me, and wanted to withdraw the replevin writ, but that I would not let them do it, until I had replaced the horse where I had taken him from; and I do not recollect Mr. Jones then telling me, "that the game was merely to take the horse out of his possession, by false pretences."

Mr. Jones never tendered, or paid me, any money for fees and expenses, for taking and keeping the horse.

Being cross-examined by MR. BUSTEED:

The papers marked "A. O. H., No. 1 and No. 2," were the only papers I had, upon which I acted in taking the horse, and these were the only papers I served upon Mr. Cleaver, when I demanded and took from him the possession of the horse. This is according to the best of my knowledge and belief.

I have been a Deputy Sheriff under Orser nearly three years; two years and a-half.

I do not know, of my own knowledge, what the business of Cruger, to whom I delivered the horse, is. I have been told he was a constable. Saw him have a writ of execution out of the Marine Court, but did not see him execute it. I gave the horse to Cruger, by directions of Mr. Charles Donohue, of the firm of Beebe & Donohue, lawyers. I next saw this horse, after the day I took him, some three or four weeks afterward. Mr. Cruger brought him to me in Wall-street, opposite Beebe & Donohue's office. One of their clerks told me the horse was there, and I went and got him; and then took him to the stable of Cleaver & Mason. They refused

to take him without the authority of Mr. Jones. I then took him to Tucker & Mott's, on Prince-street, and kept him there until I could see Mr. Jones, who had gone to Albany. He was there two or three days.

After his return from Albany, I called on Mr. Jones, told him I had the horse, and asked him where I should leave him; and he said, “Leave him where you got him from." The next day, I took him to Cleaver & Mason's, and gave him to one of their men. I had no written order from Mr. Jones to Cleaver & Mason, and did not ask Mr. Jones for a written order.

I asked Mr. Jones to give me a receipt for the horse, which he refused to do.

After the day I took the horse, Mr. Jones demanded of me the return of the horse. I did not promise to return the horse the day Jones demanded him. Mr. James R. Whiting was present. Mr. Jones demanded the horse more than once, I think. No doubt there was more than one demand.

QUESTION.-What did you say, in answer to any subsequent demand upon you, by either Mr. Jones, or any one upon his behalf, for possession of this horse?

ANSWER. I always said invariably; as soon as I got him I would return him.

I made a memorandum of the day I took the horse back to Cleaver & Mason.

THOMAS CARLIN.

July 23d, 1855.

MR. ANDREWS, of Counsel, and the Counsel for the people, are present.

MR. ANDREWS calls,

WELCOME R. BEEBE, who, being first duly sworn, is examined on behalf of the Sheriff, and says:

I am a member of the firm of Beebe & Donohue, Counsellors at

law. There was a suit in our office, brought by John Collins, Jr., and wife, against Arthur T. Jones, and others. With the commencement of the suit, however, I did not have anything to do. My knowledge of this matter commenced after the delivery of the horse to Cruger. The first I knew of it after that, was, that the horse had been taken from the place where Cruger had put him, by Mr. Collins; and his wife claimed to hold the horse as her own property. I then saw that Mr. Jones had given notice; and I believe on the very morning the sureties were to, and did, justify, I learned the fact. As that bond had been given for the return of the property to Mr. Jones, Mr. Carlin, the Deputy, called on Cruger for the return of the horse, and finding that Mr. Collins had obtained possession of the horse from Mr. Cruger, he came to us (Beebe & Donohue) about the matter. I told him I would see Mrs. Collins, and if she had the horse, I would endeavor to get it from her for him. I did see her, and she was not disposed to give the horse up. She said the horse was hers, and had been wrongfully taken from her. After some conversation with her, she finally stated; that if Mr. Jones would bring a replevin suit for the horse, she would give it up. Upon this, Mr. Donohue and myself saw Mr. Smith, of the firm of Martin & Smiths, the Attorneys for Mr. Jones, and made the offer to them to that effect, with the addition that we would stipulate not to give a bond for the return of the horse to us.

I understood Mr. Smith to accept that proposition, and I supposed such a suit would be brought. Things passed along in this way for some time, I cannot now say how long, but I think a week or two; when I again saw Mr. Smith, and he stated to me that Mr. Jones declined to adopt the course suggested by us. In the mean time, Carlin had called on me two or three times, and I told him I had made the arrangement with Mr. Smith, and that he need not worry himself about it. Very soon after, Mr. Smith informed me that the proposition would not be acceded to. Carlin again called on me, and I told him that I would get the horse for him; that I would induce Mrs. Collins to give him up, notwithstanding

the proposition was not agreed to. While I was endeavoring to do this, Carlin called upon me again, with a note, I think from James R. Whiting, Esq. I called on Whiting, in company with Mr. Donohue, and renewed to him the same proposition that I had made to Martin & Smiths, and which I understood Smith to accept. To that disposition of it, Mr. Whiting said he saw no objection, and that he would advise that course to be taken. Carlin kept calling at our office, and I told him of the proposition made to Mr. Whiting, and which I supposed would end it. After some considerable lapse of time, I saw Mr. Whiting myself, and Mr. Whiting informed me, Mr. Jones declined to do this, and that the horse must be given up. Personally, I did not know where the horse was stabled, but I set myself industriously to work to get the horse, and I was as industriously followed by Mr. Carlin from day to day, and finally Mrs. Collins consented to the delivery of the horse, and I then informed Carlin, and told him to see Mr. Jones, and make an appointment where he would receive the horse, and I would have the horse there. There were two or three appointments, which, owing to my professional engagements, and Carlin not being able to see Mr. Jones, as Carlin told me, fell through; then I sent and got the horse, and brought him to Wall-street, in front of my office, and Mr. Carlin took him from there. Since then I have not seen the horse.

Being cross-examined :—

I advised Mrs. Collins to give up the horse, if Mr. Jones would bring replevin. I had never heard of the horse till after the suit was brought, and did not so much as know of the suit, until two or three days after the suit was brought. Smith did not notify me immediately on its being made, that he would not accept the proposition, nor did I learn from the Sheriff's office that the proposition was not accepted.

I did not know until within a day or two of the time when he

was finally given up, where the horse was stabled. I asked John Collins to tell me, and he would not.

The note to which I refer as coming from Whiting, was a note addressed by him to Carlin, I think, or to the Sheriff.

I think Mr. Collins did not consent to give the horse up, until after the indictment of Carlin in respect of it.

I can't say how much time elapsed between my proposition to Mr. Whiting, that Jones should bring a replevin suit, and Mr. Whiting's refusal to accede to this course.

W. R. BEEBE.

It is admitted that a suit has been lately commenced, and is now pending, brought by Mr. Arthur T. Jones, against the Sheriff, Mr. Orser, and the Deputy, Carlin, to recover damages, by reason of the detention of the horse, after the bond was given by Mr. Jones, in the original proceedings of Collins against Jones.

The Sheriff here rests the case as far as he is concerned.

MR. ARTHUR T. JONES is recalled and examined, and says:—

I never agreed with Carlin to take back the horse. I told him that he knew where he got the horse from, and that if he chose to leave him there, that was his business. I never gave him any direction to leave him at Cleaver & Mason's, or any direction after he took him in the proceedings of Collins and wife against me and others, where to leave him, or what to do with him. The statement of Carlin in this respect is untrue.

ARTHUR T. JONES.

It is admitted that Thomas Carlin now is under indictment, by a Grand Jury of the county of New-York, found at the March term, 1855, for his course in this matter.

ROB. W. ANDREWS,

Counsel for Sheriff.