The Adams Express Robbery.
Trial of Tristram and Clark -- Tristram Pleads Guilty -- Clark Proposes to Fight.
The announcement of the trial of the men suspected of the robbery of the Adams Express Company's treasure-box attracted a great crowd of people to the intensely quiet but enterprising city of Bridgeport, Conn., yesterday morning. With the main features of this most extraordinary case the public is passably familiar. If it knew all about the details, it would be wiser than the company, its counsel and its detectives, all of whom are as yet literally in the dark as to the men who took the money from the car, the place where it was taken, and the time at which the crime was committed.
Americans are know the world around as cute, smart and careful of their own, but for all that they are the most reckless, inconsiderate and trusting people on the face of the earth. A moment's glance at the history of the past year will convince us that the men "who went it blind" in oil, copper, gold and timber stocks are much more confiding than cute, but to no more perfect illustration of exemplification of the national inconsiderateness can we point than to the absolutely reckless patronage of expresses, expressmen and express wagons to this and every great city. Let a man call himself an expressman, let him have a horse, wagon and badge, and we trust him with gold and silver, with apparel and goods, indifferent to his name, character or responsibility. Who of the thousands that daily patronize the dozen or more expresses that run between this and the adjacent cities -- Brooklyn, Newark, Jersey City, Hoboken, and so on -- knows or care about the integrity or responsibility of those he trusts? And yet trunks filled with valuable dresses, boxes with presents, packages with the remit of a "day's shopping" -- all manner of truck -- are given into the hands of these parties with the most implicit faith, simply because they have on their caps the magic word "Express."
To a more notable extent this has been fostered by the patronage of expresses going to and fro between this and cities far remote. Nearly every company originated its enterprise with a carpet bag and a trunk. None of them had capital to any extent, and a loss such as this borne by the Adams Express Company would not only have crippled the majority of them in days gone by, but to-day they would find it difficult with assets and credit to meet the eight months' notes they would try to give as satisfaction to their patrons. It is only then when some tremendous shock like this comes upon the community like a clap of thunder from a clear sky, that the public is brought for a moment to a stand point of observation and reflection, and it is to be hoped, and indeed presumed, that for awhile at least we will take care that the parties to whom we intrust our goods, greenbacks, and gold will be those who can make good its possible loss, rather than those who like ourselves would be utterly upset and carried down the river of destruction by the calamity.
With the capital accumulations, wealth and credit of the Adams Express Company we have nothing to do, beyond chronicling the fact that it is, as it has been for many years, ever able, prompt and ready to meet its obligations, never yet deeming it policy or finding it necessary to put off a settlement until a more convenient season. On the night of the 6th of January, 1866, the Boston mail train from this city took out the regular Adams Express car, under the charge of Messenger Moore. Besides the ordinary amount of freight, the iron safe contained a large amount of money, several hundreds of thousands of dollars, the exact amount of which it is not deemed desirable, for police reasons, to place before the public. On the arrival of the train at New-Haven, it was found that the car had been opened, the safe rifled, the money and government bonds taken, and the thief or thieves were gone. The government had two duties to perform -- one to the public and one to itself. It discharged them -- first at sight paying every dollar of the loss, without a moment's hesitation or a moment's delay; the other, the discovery, capture and punishment of the criminals, was at once begun, and yesterday, at Bridgeport, one of the final scenes in the melodrama was enacted.
The story of the suspicion, arrest and confession of one of the parties will be detailed at length on the trial of the other, thought it is very doubtful if the actual facts of the robbery itself are disclosed for many months to come. The two unhappy men who were caught at the time, and who are now in the clutches of the law, were by no means the actual handiworkers of the crime, nor do they participate in the plunder, though it would look as if they alone are to bear the consequences before the courts of justice.
The two men charged with the robbery are Augustus Tristram and Thomas Clark, both residents and possibly natives of this city. Tristram, who has confessed his participation in the affair and thrown himself upon the clemency of the court, has a lovely young wife, who stands nobly by him with true womanly devotion in his hour of need, and two very interesting children. He is a young man, not over thirty; was formerly an expressman in some city employ. His family reside in Horatio-street. The other man, Thos. Clarke, probably an alias, is about the same age, single, and of a different mould. Tristram is apparently penitent, appreciates the fearful gravity of his position, and begs piteously for mercy. Clarke is bound to fight it out, and the company proposes to afford him the opportunity. Clarence A. Seward, Esq., and Mr. Beardsley are the counsel for the Express, and Judge Stewart, whose name seems to be a household word in all homes of crime and trouble, appears for the accused. The 8 A. M. train to Bridgeport yesterday was crowded, of course, the cars were hot and close, the passengers annoyed and uncomfortable. The witnesses on behalf of the prosecution were numerous, and came from Washington, Baltimore, Philadelphia and New-York, including bankers, clerks, detectives and employees of the company; the witnesses for the defence were nil, and the only partisan of either defendant was the tearful wife of the confessed criminal Tristram.
The defendants admit, because they would not avoid it, that they had the money, and account for it by saying that after the robbery was committed by others whose names as yet are undisclosed, they went to the place of deposit, dug up the money, took it to old man Tristram's in Norwalk and sent it by him to the rendezvous in this city. To Mr. Spooner, the Superintendent of the New-England Division, is due much of the credit attaching to the prompt discovery and arrest of the robbers. When the New-Haven agent, Mr. Webb, entered the car he found two money packages on the floor, one containing $130,000 , the other $80,000. He at once procured a policeman, who sent by the downtown train to Bridgeport, where the cars were detained three-quarters of an hour for Mr. Spooner, who searched the cars there, and carefully watched the passengers who got on at the other stations. One was muffled-up in a most extraordinary manner, and attracted the attention of Mr. Spooner, who caused him to the "shadowed," as indeed were many others, the result being the discovery of Tristram's house and leading to the subsequent developments. The case will be of the greatest interest, and it is by no means certain that Clarke will stand as firm as he does now, when called upon to plead.
The trial was set down for yesterday, before Judge Butler, and Judge Stuart was prepared with Tristram to plead "guilty." In consequence of the death of a member of the local bar, the court adjourned until to-day at 9 o'clock, at which time Tristram will enter his plea and Clarke will be arraigned for trial.
The Adams Express Robbery Case.
Another Delay -- Formidable Array of Counsel for the Prosecution -- Fashionable Audience -- Curiosity to Witness the Prisoner and his Trial.
Special Correspondence of the New-York Times.
Bridgeport, Tuesday, Jan. 30, 1866
Long before the hour had arrived for the opening of the court this morning, every available seat, and all the standing room were occupied by an intensely curious assemblage of the elite of this thriving town. Ladies were particularly numerous, and of course, occupied the seats, for gentlemen are always ready to accommodate them. The sweet creatures simply desired to take a last look at the two prisoners before they are sent to the State Prison. The criticisms which many of these fair ones make indicate a great desire on their part for some place of lively amusement, and at the same time the absence of anything of that kind in Bridgeport, except occasional visits from wandering minstrels, who are always ready and abundantly competent to impose upon the credulity of a community unaccustomed to the loftier recreations and amusements which the generous patronage of large cities usually commands. For the time, then, the trial of the silly fellows who aimed at sudden affluence by the wholesale robbery of the safe belonging to the Adams Express Company furnishes food for observation if not for amusement. It is the exciting topic of the hour -- I ought perhaps to say, is likely to be the theme of this place for several days.
At the opening of the court this morning the case of Thomas Clark gave promise of being a lengthy one. On the side of the prosecution there are no less than five of Connecticut's most talented lawyers, who from appearances intend to bring out every iota of evidence against the prisoner, while Judge Stewart, of New-York, is alone in the defence. Although the prospect is very gloomy for the accused, yet as he has chosen to fight it out on his own line, his counsel must meet the array of talent brought against him, but at great disadvantage. The prosecution have all the witnesses; many of them have been sent here by the Adams Express. The defence having none, has to depend entirely upon tact and appreciation of every opportunity for objection and exception. Whether these last-named efforts will succeed must depend entirely upon the Court who may rule on very different principles to those which so frequently govern our New-York judges. Upon the whole, the quickest method, and the least provoking one, would have been for the accused to follow the example of his companion, Tristram, and plead guilty. For there can be little doubt that he will be convicted, and then it will be more tolerable for Tristram in the day of judgement than for him.
At all events the brief discussion which took place between counsel this morning, ended in another postponement of the case till to-morrow morning, when, unless Judge Stewart continues to be as successful in his technical objections as he was this morning, the trial will proceed.
The prosecution desire to prove that the money found in the possession of the accused is the precise money [that] was intrusted to the care of the Adams Express Company, and to this end propose to produce witnesses in every case; hence the prospect of several days' trial.
I presume the principal object in delaying the trial is to give the prisoner the opportunity of securing the presence of additional counsel in the person of Chas. Chapman, Esq., of Hartford, who has been sent for. The first thing done will be to have Tristram plead guilty. This will not help Clark very much in the minds of the jurors.
W. W.
The Adams Express Robbery.
Attempt to Have the Case Put Over to Another Term -- The Trial Ordered to Proceed -- Tristram Pleads Guilty.
Special Correspondence of the New-York Times
Bridgeport, Conn., Wednesday, Jan. 31.
The trial of Clark for the robbery of the Adams Express Company has commenced, after considerable effort on the part of the prisoner's counsel to have the case continued to the March term of the court. Owing to the non-arrival of Mr. Chapman, the distinguished criminal lawyer of Hartford, this morning, the forenoon was occupied in the trial of a grand larceny case which was conducted with as much gravity and solemnity as if Jeff. Davis had been on trial. This afternoon, Mr. Chapman having made his appearance, the "great robbery" case was next in order. The Court having announced itself ready for business, Mr. Chapman proceeded to argue a motion to have the case continued till the March term.
He said that the prisoner had had no opportunity afforded him of consulting with his counsel, or of doing anything toward the preparation of his case for trial. Every effort had been made on the part of the State, or rather on the part of the prosecution, to surround the prisoner with obstacles of such a nature as to preclude him from having full and free opportunities of having intercourse with counsel. He did not see that in continuing the case for another term the State of Connecticut would suffer materially, as he did not think it was moved by any extraordinary emotions in the premises, certainly not to the extent as to render it necessary to deny a citizen of this or any other State an opportunity of being heard in his own behalf.
Mr. Josiah M. Carter, Attorney for the State, denied that the prisoner had been denied any opportunity of having free intercourse with his counsel. On the contrary, his counsel had the utmost and freest opportunity afforded them of obtaining access to the prisoner as often as they pleased, as long as they pleased, and as privately as they pleased. Opportunities had also been furnished friends near and dear to the prisoner of seeing him without improper reserve. To such as desired to visit the prisoner merely to gratify idle curiosity, he had deemed it his duty to deny facilities. For the latter course he thought he had ample reasons. One prisoner, by the way, a client of Mr. Chapman's, had escaped from the jail, and another prisoner had escaped from the jail at Danbury, and all owing to the too free facilities afforded persons visiting the prisoners in the capacity of friends. He thought it probable that if this case were continued for another term, it would never be brought to trial at all. He said the State was ready to proceed, and their witnesses were on the ground, many of them from such distances from this point as to render it both difficult and expensive to respond to any request for their appearance on any future occasion. Besides, counsel for the prisoner had yesterday given assurance that if the Court would postpone the case till to-day, to await the arrival of Mr. Chapman, they would be ready to proceed.
Mr. Clarence H. Seward, of New-York, of counsel for the Adams Express Company, said that they had no less than seventeen witnesses, all present, and all away from their homes. He thought that his learned brother, Chapman, ought to produce some reason for asking a continuance of the case. He had failed to hear a reason. Because the prisoner was unable to pay a sufficient amount of money to the counsel, or because his counsel had not received enough from him for their services, was not a sufficient reason for the granting of the motion. It should be remembered that in all such criminal cases as this there was a motive power behind all movements made for postponements, but he would predict that no portion of the amount of stolen money yet outstanding would ever accrue to the emolument of the prisoner's counsel.
Mr. Chapman responded, charging that Mr. Seward had been guilty of insolence, and as for his prediction that no portion of the outstanding or unrecovered money of the express company would ever find its way into his pockets. He spit upon him and his prediction. He said the prisoner had not had such opportunity of preparing for trial as was necessary. Adams Express Company had taken possession of the jail, and the Sheriff was driven out. The prisoner was guarded by detectives, and his counsel were shadowed by persons calling themselves detectives. He denied that a fair opportunity had been afforded the prisoner for preparing for trial. The case had been hurried from the beginning. The prisoner had been arrested on a bench warrant, and was being brought to trial without even the formality of a preliminary examination. He supposed that the attorney for the State would have opposed the motion formally, but not zealously as he had done.
The Court said he was there to try cases, and was occupying the bench for the accommodation of another judge, at his great inconvenience. He was bound to perform his duties; and at the same time that he would insist upon the trial proceeding, he would promise that the prisoner should not be allowed to suffer from any lack of proper opportunity to confer with counsel. As for the excuse that his counsel had been denied the opportunity of seeing him in prison, complaint ought to have been made to the court, and the evil would have been promptly remedied. No such application was made, hence there could be no such reason considered. As to the manner of arrest, by bench warrant, he would inform counsel that it was no new thing, especially in such cases as the one in question, where the robbery had been committed at some point between New-York and Bridgeport or New-Haven. He must insist on the trial proceeding.
Mr. Chapman then moved for the postponement of further proceedings till to-morrow morning.
The Court said that Judge Stewart had yesterday promised that he would be ready to go on to-day, and on that ground the postponement till to-day had been made.
Judge Stewart explained by saying that what he did engage was merely to leave the question of postponement beyond to-day entirely to the judgement of Mr. Chapman, who, on his arrival, would take such steps in that respect as he might deem best for the interest of the prisoner.
The prisoners were ordered to stand up, and the Clerk of the court proceeded to read the complaint, occupying one hour and five minutes in the very dry performance.
After this, Tristram pleaded guilty.
The court then adjourned till to-morrow morning.
The curiosity to see the prisoners has not diminished, and the ladies who graced the court with their presence to-day were much gratified with the scene which took place this afternoon. The discussion between counsel was like a promise redeemed to the spectators that something rich would be developed. To me the richest part of the routine belonging to the trial was the reading of the "information" by the clerk, a task which he did not appear at all willing to encounter, and the performance of which seemed only to inspire him with a sense of weariness. The prisoners, who had to stand during the reading of the ponderous document, no doubt sympathized with the clerk, but they may have to do many things distasteful to them by the time they get through with the State of Connecticut. Before Tristram is sentenced, Judge Stewart will have an opportunity to address the court on his behalf, with a view to obtaining such leniency from the court as may be consistent with humanity as well as the dictates of justice and duty.
Judging from the slow process of trial in a larceny case this morning, and remembering the awful promise of the counsel for the prosecution in the robbery case, that seventeen witnesses (say nothing of those promised by the defence,) I would not be astonished if the Adams Express robbery case would occupy ten days or two weeks.
Among the witnesses for the Express Company who are here, I find Capt. Frank Eddy, a gentleman whose genial manners while located at City Point during the war will be pleasurably remembered by many gentlemen connected with the press, who had occasion more than once to confide precious trust in his hands, and of enjoying his open-handed hospitality. He is the same gentlemanly person he was then, but happier in peace than in war.
The Adams Express Robbery Case.
Beginning of the Trial -- The Prisoner Pleads Not Guilty -- One of his Counsel Abandons the Case -- The Testimony for the State -- Poor Prospect for the Prisoner -- Continued Public Interest in the Case -- Barnum in Court.
Special Correspondence of the New-York Times.
Bridgeport, Conn., Thursday, Feb. 1, 1866
The show may be said to have opened this morning; that is, if the presence of the Hon. P. T. Barnum, the great showman, within the bar may lend that character to the court-room. But no, Mr. Barnum merely stepped in, in common with the other curiosity-seekers, to see what was going on. The court-room was again crowded. The large area or room over and behind the Judge's bench, the opening to which forms a capacious semi-circle, was thrown open. From this opening peered out the heads of a number of ladies. Some delay at the at the beginning of the day caused considerable speculation among the spectators as to the reason. It appeared that Mr. Chapman, who was to champion Clark's case through, had come to the conclusion that he was not sufficiently prepared to go on with the case. It was said by some suspicious persons that he had failed to obtain a retainer, and that he backed out of the case on that account. At all events, Mr. Chapman had such urgent business elsewhere as to prevent his further appearance as counsel for Clark. This left Stewart senior counsel for the prisoner. Under these circumstances, Mr. Shupe, of New-York, made another motion for a continuance of the case to the March Term, owning to the departure of Mr. Chapman, in whose hands the case had been committed, and in his absence the remaining counsel were left without any preparation whatever.
The Court denied the motion on the ground that this prisoner was not entitled to any favor would not be extended to any other prisoner under a kindred charge; that is, a charge involving a like penalty.
Mr. Clarence A. Seward opened by briefly stating the nature of the case to the jury, after which he read the depositions of several government clerks who had been compelled to return to their occupations at Washington. The first deposition was that of James M. Davis, Private Secretary to the Secretary of the Treasury of the United States. This was to establish the fact of the existence of a contract between Adams Express Company and the government for the carrying of currency notes to the various banks in all parts of the country, radiating from Washington.
Judge Stewart objected to the reading of the contract, on the ground that it was sought by the State to use it as a basis on which to predicate a value for the property which did not, could not belong to it, as he contended that the notes referred to as having been stolen from the company were not currency, being incomplete and unfinished for such purposes. It was not money until the banks to which it had been sent had put it in circulation; as such, duly authenticated by them, and the obligations on its face duly assumed by the signature of the respective bank officers. The notes were worth nothing, were mere pictures, and were of no practical use as currency.
The Court rules that the reading of the contract was admissible, if for no other reason than to show that so much paper had been contracted to be carried by the company.
The deposition of John Patten, shipping clerk to the Comptroller's Bureau of the Treasury Department, was next read. He testified that he shipped the packages which had been stolen from the safes.
The deposition of Major J. F. Bates, book-keeper in the office of the Comptroller's Bureau, Washington, went to show that he had regularly entered the shipment of the packages sent in Safe No. 4,666 to Boston.
C. B. Benedict, agent of Adams Express Company in the Treasury building, Washington, testified to having signed the receipt book from the Comptroller's Currency Bureau, and repeated the values marked on the packages deposited in safe 4,666 as they appeared on the manifest, a copy of which he produced in court.
Judge Stewart objected to the evidence pertaining [possible missing line] to the manifest, the witness having refreshed his memory from the copy which he produced.
The Court admitted the evidence, subject to exception by the defence.
H. B. Crogan, a clerk in the same office with Mr. Benedict, testified that he put the packages into safe 4,666 as they were read off from the manifest, but did not know anything of their contents.
Benj. T. Smith, of Brooklyn, identified a gold watch and mahogany case which contained it, which he had sent by Adams Express to his sister-in-law in Boston.
Henry P. Porter, agent for the Eastern Division of Adams Express Company, testified to having put a number of packages of various kinds in the safe numbered 3,037.
Wm. Moore, messenger, who accompanied the train which contained the car containing the safes, testified that he was in the smoking-car from where the train joined the locomotive in New-York. He looked at the left side of the car containing the safes twice between New-York and Bridgeport, but owing to the darkness of the night he did not see whether the padlock was on or not; he did not examine the right side of the car. He did not discover the fact of the door being open until he reached New-Haven, where he locked it up again and sent for Mr. Webb before going into the car to examine it.
Washington Webb, Superintendent for the Adams Express Company at New-Haven, testified as to the condition of the sages and the appearance of the interior of the car, when he entered it. The facts have already been published in the times.
Wm. H. Brown, of Stamford, identified Clark and Tristram as persons who inquired anxiously if they could hire a horse and carriage from him, offering a gold watch and chain as security for it. He subsequently saw them both at the Union House. They got on the cars and rode in the same train with him as far as Norwalk.
B. A. Schofield, of Stamford, testified to seeing Tristram at the Stamford House on the night on which the robbery took place.
A. L. Hopkins, engaged in the livery business, testified to letting a carriage to Tristram. Tristram and Clark went in the carriage together.
Judge Stewart objected to testimony being introduced as to the movements of Tristram while the Court was trying the case of Clark, and also the transactions which took place after the commission of the crime, after the stealing.
The Court ruled that as it was contemplated to show the hiring of the carriage as a link in the crime, inasmuch as the carriage appeared to be wanted for the purpose of transporting the stolen property from Greenwich to Norfolk [sic].
Josiah Tristram testified at length to the facts attendant upon the conduct of his son [sic] Augustus, and Clark, the prisoner now at the bar, on the night of the robbery and the subsequent days, including his journey to New-York with a bag, and his return to Norwalk. His story is the same as was published a few days ago in the columns of the Times.
Mrs. Josiah Tristram merely corroborated a portion of the testimony given by the previous witness.
Mrs. Emma Wolsey, sister of Josiah Tristram, who resides in the same house with him, testified to receiving the gold watch stolen from the safe (No. 3,037) from Augustus Tristram; also some money. They (Tristram and Clark) went to her house at 10 o'clock on the 8th of January, and remained there most of the day.
Both Mrs. Tristram and Mrs. Wolsey were present in the house with Clark and Augustus Tristram when the officers came there looking for them.
Mr. Webb was recalled, and produced a parcel of paper ashes, remains of a portion of the stolen property.
William Patterson, a conductor on the Hartford and New-Haven Railroad, testified to noticing the lock of the door of the car at the depot in New-Haven, and his informing the messenger of the company of that fact.
John Real, of Coscob, saw two men passing by the mill near the bridge in a rockaway, and saw them return again in about ten minutes. He described the rockaway and the horse. The covers were down at both sides.
Michael Riorden, who resides about a mile from Coscob, saw the wagon referred to by the other witnesses.
Wm. H. Brown knew that the wagon he saw at Norwalk was the same one which he had seen the prisoner in; he knew the wagon again because he had used it himself before.
George Lockwood, boatman, residing at Greenwich, saw two men near the Coscob Bridge on the night of the 6th of January; they were on the railroad track; one of the men was taller than the other; one was stouter and taller than the other.
Solomon Clark lives about 200 yards from the Coscob Bridge; he found a bag made of canvas, with a label attached, containing, as he supposed, $5,000 in gold; he also found the padlock and chain which had been wrenched from the car, some five hundred feet from the bridge, four days after the date of the robbery.
It was stated among the counsel this afternoon that Mr. Chapman had left the case, stating that he believed the Judge to be prejudiced, and that he was not going to risk his reputation, and stand such insolence as he had experienced at the hands of the Court yesterday. However this may be I know not. The Court is very prompt in ruling, patient in listening to objections as they are offered, and may, for aught I know, rule contrary to the principles of law. It is a remarkable fact, however, that sometimes Judges and counsel differ in their opinions as to rules in submitting evidence. I believe there is no exception to that practice in the conduct of this case so far. Mr. J. M. Sturgis took the place of Mr. Chapman as associate with Judge Stewart.
Judge Stewart has exhibited masterly tact and legal ability throughout the day, losing no opportunity which presented itself of checking the liberties taken by the prosecution in their range of direct examination.
The two iron safes which were broken open, and what had been their contents were produced in court in the dilapidated condition in which they were found in the cars at New-Haven. Greenbacks were served up in sheets. The most objectionable feature in connection with this part of the proceedings, was the fact that they were carefully hoarded and watched by the prosecution. I did not see any "lying around loose." The greenbacks are in the custody of Mr. Seward. According to Judge Stewart, however, they would be of no immediate avail as they are worthless until signed by the officers of the banks to which they were consigned.
The Adams Express Robbery.
Motion to Amend Indictment Denied by the Court -- The Prosecution Rests their Case -- Postponement of the Defence -- Testimony to be Taken in New-York by a Commissioner.
Special Correspondence of the New-York Times.
Bridgeport, Friday, Feb 2., 1866.
At an early hour this morning, the ladies gallery and the bench gallery were occupied by ladies, as anxious as ever to witness the progress of the trial of the more anxious Clark. It has been suggested that the attractive personal appearance of the prisoner is the magnetic powers by which so much of the local beauty of Bridgeport is drawn hither. At all events Clark's case is one which will continue classic until the Judge pronounces sentence upon him and his companion in crime, Tristram. I say his companion in crime because at the present time the testimony brought out by the prosecution would seem to leave no hope for the prisoner. And here I might say that the Adams Express Company have done their part in prosecuting this case, with a most commendable zeal, evidently with a determination to use the trial and its result as an instrument of warning to thieves, who may in future attempt depredations of the same kind as that charged against Tristram and Clark. Mr. Clarence A. Seward had his evidence well prepared. Every link in the chain was so thoroughly in its place that in the face of the most plausible objections made by Judge Stewart on behalf of the prisoner, the Court could not resist the offer to produce evidence. At first it was supposed that the Express Company was merely using its power in procuring witnesses, and that it was going to burden the case with superfluous testimony and consume the time of court and counsel to an extent beyond justification. Whoever indulged any such suspicion as this has been undeceived by this time, for Mr. Seward wasted no witness, and has not been profligate with time. Now that the prosecution has rested his case, every person in the habit of witnessing legal proceedings in courts can comprehend the artistic manner in which the case has been managed by the company. Judge Stewart, with his usual keenness and quick comprehension of all the aims of opposing counsel, has done his utmost for the prisoner, but the carefully-digested style in which the witnesses for the prosecution were produced, in presence of the almost undoubted guilt of the prisoner, left him but little chance to canvass his prolific resources for what I suppose it is legitimate to call "the tricks and traps" of the law.
The first step taken this morning was by District Attorney Carter, who moved to amend the "information" against the prisoner, so as to insert the name of Benjamin P. Smith, as being the owner of the gold watch produced yesterday, instead of Wm. Atherton. The Court denied the motion.
Another motion was made by the prosecution to give the full names of the partners in the firm of Charnley & Hatch, who were losers by the robbery.
This motion was granted, and the information amended by inserting the names of William S. Charnley and Walter T. Hatch.
Further testimony was produced by way of identification of the government notes which had been taken from the safes; also, showing that on the 7th January Tristram was seen at the Stamford House, where he registered his name and that of a companion, as Augustus Walcott and Edward Walcott. The witness on this last point said that Clark was not the person who was with Tristram there. A small canvas bad of gold coin, amounting to $375, and a package of greenbacks amounting to $5,878 were identified by Mr. Sanford, the General Superintendent of the Adams Express Company. It also appeared that when Tristram and Clark returned to the house of Josiah Tristram, on Monday morning, they occupied themselves in burning papers in a stove which was in the room where they were. The foregoing were the main facts brought out to-day up to the time when the prosecution rested.
Mr. Shupe, of counsel for the prisoner, then addressed the court, reminding the Judge that at the outset he had promised that if any delay should be necessary during the course of the trial, it would be granted. He said such a necessity had arisen, and it became his duty, in view of the difficulty of obtaining the presence of witnesses from New-York, not only to ask for an adjournment, but also for a commission to take the depositions of several witnesses in the City of New-York.
The Court granted an adjournment till Monday morning at 10 ½ o'clock.
During the interval the testimony of two or three witnesses will be taken in New-York for the purpose of proving that Clark never was on the train on which the robbery took place. If the defence can prove this clearly, it will have the effect of throwing out one count in the "information." Mr. Shupe assured the court that he really believed it in their power to prove that Clark was in New-York on the Sunday night on which the robbery took place, and that he was not out of the city till the Monday following.
The Adams Express Robbery Case.
Clark, the Prisoner, Sick -- Closing Testimony on Both Sides -- Appeal for Mercy in Behalf of Tristram -- His Sentence Deferred -- More Gold Found
Correspondence of the New-York Times
Bridgeport, Monday, Feb. 5, 1865
The trial of Clark, the young man charged with participation int he recent robbery of the Adams Express Company was resumed this morning. The prisoner, being deemed too sick to leave his cell, was not in court. After consultation between counsel, it was decided to go on with the trial in the absence of Clark. The first proceeding was the reading of the depositions of witnesses for the defence, taken at the St. Nicholas Hotel, New-York, on Saturday afternoon. The witnesses were: First, Arthur Tilman, a barber's apprentice in a barber's-shop in Prince-street, near Broadway, who testified that he saw Clark getting shaved at that place on Sunday morning, the 7th of January; John H. Fitzgerald, residing at the Revere House, who testified that he played billiards with Clark at Otis Field's saloon on Saturday night the 6th of January, the night of the robbery; Leonard Hempel, a journeyman barber in the barber's-shop referred to, testified that he shaved Clark in that shop on Sunday morning, the 7th of January, at between 8 and 9 o'clock; and Albert Nellis, who had been acquainted with the prisoner for over a year, testified that he was with Clark on Saturday afternoon of the 6th ult. in Lafayette Hall, and again in the evening from 10 o'clock till between 11 and 12 o'clock, and that after parting with him that night he did not see him again until he was arrested.
The prosecution presented two witnesses to rebut the testimony offered by the defence. The first of whom, Charles Crossan, residing at No. 87 West Twenty-fifth-street, New-York, and being employed in the care of the billiard tables in the saloon of Ottis Field, No. 600 Broadway, New-York, testified that he knew Thomas Clark, but not by name, until he saw him in jail this morning: he also knew Albert Nellis; never saw Nellis and Clark in the saloon together; did not see them together in the saloon on the night of the 6th ult.; did not see Clark there at all on that night; Nellis and Clark never played together in the saloon. On cross-examination, witness testified that he knew Nellis and Clark before the occurrence of the Adams Express Company robbery; could remember whether Nellis of Clark had been in the billiard saloon on the night of Saturday, the 6th ult.; could not remember who played at any one of the seven tables on that night.
The other witness presented by the prosecution was Adrian Marot, barkeeper for Ottis Field, who testified that his position in the saloon was within ten feet of the first billiard table; that he could tell who was in the habit of playing there; that he knew Nellis and Clark; never saw them play in the saloon; did not see them in the saloon on the night of the 6th ult.; knew that they were not there. On cross-examination he said that he could remember positively that Nellis and Clark were not in the saloon on the night in question, and that they never played there together; he could not remember every person who played there on any particular night; remember that Mr. Alexander Martin played on the first table that night; remembered that he played there that night because he played there every night.
At this point it was agreed by counsel and the court, owing to the absence of the prisoner, to postpone argument in the case until next Monday.
Judge Stewart then addressed the Court on behalf of Augustus Tristram, the prisoner, who pleaded guilty. He represented that he (the prisoner) had a wife -- a simple, honest, unsophisticated woman -- and two children, who, owning to his imprisonment, were left utterly destitute. On their account, as also on account of the manly course of the prisoner in pleading guilty, and his undoubted repentance of the crime he had committed, he begged the Judge to be merciful, and that as far as might be consistent with his sworn duty, he might exercise humanity to the prisoner, who was not, by any means, a strong man, and might not survive a long term of imprisonment, and pity for his dependent family -- his good wife and tender children -- to whom his early restoration would be support, and the preservation of a name which they might work to make honorable in the future. The appeal was made in a very affecting tone.
Mr. Seward, on behalf of the Express Company, said that he could not resist the force of the observations made by his learned brother, especially the assurance he had expressed of his belief in the willingness of the Adams Express Company not to press the Court to visit the utmost rigor of the law upon the prisoner, Tristram. Although they had been charged with being unreasonably zealous in prosecuting this case, they did not contemplate any unmerciful visitation of justice upon the criminals. They took great pleasure in stating to the Court that the appeal made by Judge Stewart might be regarded as mutual.
Mr. Wilson, one of the counsel for Tristram, said that he had been acquainted with the prisoner for over a year, and that he knew nothing, nor had he heard anything, against his character until the commission of this crime. He knew he was penitent, and that he had pleaded guilty because he thought he had done wrong and was deserving of punishment. Another reason why he pleaded guilty was because he did not want to make it necessary for his own cousin to appear against him on the witness stand, as he was sure it would make that cousin unhappy if he did. He also prayed the Court for mercy.
The Judge said he would take the appeals and the statements of counsel into consideration, and was of course inclined, as far as his duty to the interests of the community would permit him, to temper justice with mercy. At the same time, there were some things in that connection which were entitled to consideration, especially at this time when crime was so fearfully on the increase. During his experience in holding court he had not witnessed such efforts to defeat the ends of justice, such sympathy with criminals as marked the history of the last few years. Since the trial of the case which had engaged the attention of the Court for the last week began, efforts had been made to create prejudice against the court, the prosecution, and the sufferers by the crime which had been committed. It had been charged that the Court was prejudiced and insolent. Such a course was wrong, and if persisted in would result in great injury to society. Instead of the prompt though slow process of trial to which criminals were now subjected, vigilance committees would be formed who would hang them without judge and jury. He would mitigate the term of imprisonment in that case but must defer sentence until the State's Attorney had an opportunity to be present.
The court then adjourned.
During the course of Clark's trial a large force of detectives have been at work guarding both sides of the railroad for a distance of nearly twenty-five miles. Their labors have been rewarded by the recovery of another extensive pile of gold, which has been duly turned over to the Express Company. It appears that suspicious persons, as well as persons speculating on the chance of finding some of the scattered treasure, have been met at various times by the officers and warned to quit the neighborhood, an admonition which has, in most cases, been effective. It is possible that other persons more directly interested in the robbery may be arrested in the course of a few days. It is supposed that old and experienced thieves were engaged in the first part of the robbery; that they threw the gold aside, put the less available property into the hands of Tristram, and planned so as to benefit by the gold themselves. Such a scheme has been most remarkably unsuccessful. The Adams Express Company appear fully determined to pursue the thieves until they are all caught and punished, even if it should cost more than is recovered. They propose, in connection with this case, to make an investment for safety in the future of public and private property.
Perhaps the boldness with which crimes are committed at the present time may be illustrated by an attempt which was made to-day, to steal the small safe containing a large amount of money and articles used in evidence during the trial last week, from the ante-room of the court. The thief was frustrated in his design, however, by a detective who found the safe lodged in a position convenient for immediate removal. The person suspected of this transaction was seen about the court previous to the finding of the safe, but was subsequently lost sight of.
Adams Express Robbery Case.
Arguments of Counsel -- Charge to the Jury -- The Verdict -- Sentence, &c.
Special Correspondence of the New-York Times.
Bridgeport, Tuesday, Feb. 13.
The case of Thomas Clark, charged with having been a party to the recent robbery of the Adams Express Company, which has occupied the time of the Court here for over a week, and which was postponed till yesterday, was resumed yesterday morning, when counsel on both sides proceeded to sum up.
The counsel for the prosecution and District-Attorney Carter, Gen. Ferry, Mr. S. B. Beardsley, all of Bridgeport, men of acknowledged ability, and Mr. Clarence A. Seward, of New-York, counsel on behalf of the Express Company. At the outset of the case Clark, seeing the array of talent engaged on the part of the State, retained Mr. Chapman, the leading criminal lawyer of Connecticut, in addition to ex-Judge Stuart and Mr. Walter S. Shupe, of New-York, and Mr. Wilson, of Norwalk. Before the jury was empaneled, Mr. Chapman took occasion to make a motion of the continuance of the case to the March term, to give him as senior counsel an opportunity to canvass its details and come into court properly prepared with materials for defence. He charged that the prisoner had been so embarrassed by the oppressive treatment of the Express Company, after his imprisonment, having been stripped of a gold watch and $200 in cash, that he had no means of employing counsel. This gave rise to a scene which was very interesting as well as amusing to the spectators in court. The motion was opposed at some length by the District Attorney, Mr. Carter, who was followed by Mr. Clarence A. Seward. The latter gentleman found occasion to compliment Mr. Chapman as profoundly read in the law, from the English black letter to the latest issue of the Cambridge press, and remarked that if the case was continued, he would doubtless be abundantly remunerated for his labors in behalf of the accused from the funds still outstanding of the Adams Express Company.
In his reply, Mr. Chapman met the remarks of the State's Attorney in good temper, but for some reason took in high dudgeon the compliments of Mr. Seward, resenting them as insults, and, passing to the remark that he would doubtless find his remuneration from the funds of the Adams Express Company, his indignation became very warm. "I spit upon him," said he, "and I spit upon his insinuation." If he had understood Mr. Seward as intimating that he would voluntarily and knowingly share with the robbers in their spoil, he could not have resented it more indignantly. Mr. Seward, in the coolest manner, explained that what he had said was sincerely intended as a compliment to his elder brother in the profession, and Mr. Chapman accepted the explanation given. Considerable disappointment was felt by those best acquainted with Mr. Chapman, on witnessing this little outbreak.
The Judge denied the motion on the ground that the prisoner, if found guilty, would not suffer a penalty greater than if the robbery had been of the sum of $50, and he knew no good reason why he should be favored more than the man who had just been tried for stealing a quantity of harness.
After this, Mr. Chapman mysteriously disappeared from the case, giving it to be understood as his reason that he was convinced that the Court was prejudiced, and that if he continued to be present as counsel for the prisoner, he could expect no protection against the insolence of opposing counsel. In reference to this point, I deem it my duty, as an impartial and disinterested observer, to say that Judge Butler has been exceedingly patient with counsel on both sides, and courteous in his rulings, never ruling without giving reasons and authorities for his decisions. The magnitude of the theft which was committed has naturally concentrated much public attention upon the case, and for that reason I think the conduct of Judge Butler, in presence of any loose aspersions, entitled to the explanation I have given.
Counsel having agreed to occupy, each, one hour and a half in summing up, Mr. S. B. Beardsley made the argument at the opening of the court yesterday morning. After referring to the rapid growth of the Adams Express Company, from a small to a powerful and almost everywhere useful corporation, having its branches in every city, town and village in the land, he went on to review the evidence. The facts in the case which have already been reported in the Times were the points upon which he swelt, and on which he claimed the conviction of the prisoner. He also claimed that an alibi was the last desperate resort of desperate rogues.
Mr. Shupe, for the defence, made a clear, logical and calm appeal to the sense of the jury, asking them to mark the testimony and only the testimony. It had not been shown that Clark was on the train, nor that he had had any part in the robbery whatever, beyond being in the company of Tristram. The State had failed to show that any of the money in the bag was the same as Clark had seen. There was no evidence to show that Clark was in any way implicated, notwithstanding the vigilance of the accomplished detectives who were on the lookout, and who had not allowed the slightest circumstance to escape their notice that would be of any avail in the case. He referred to the witnesses who testified as to Clark's being in New-York, and denied that the two witnesses for the State had done more than simply swear that they had not seen him. He believed the prisoner to be an innocent man. The effort of Mr. Shupe in behalf of the accused was very able, and the subtle manner in which he used the testimony gave evidence that he was a worth associate for Ex-Judge Stuart.
Mr. Carter, District-Attorney, followed in a lengthy argument for the State.
Next came Mr. Sturges, who made considerable impression on the jury, who appeared to listen more carefully and attentively to him than to any of the other counsel who had addressed them. This was perhaps owning to the fact that the gentleman is well known throughout this part of the country, and has a lofty reputation.
Judge Butler then charged the jury. He reviewed the evidence in a very masterly way, and showed that not a single point worthy of notice had escaped his memory. He reminded them that they were responsible to the community for their conduct in the case, but that they also had a duty to perform to the accused, if any doubt rested on their minds as to his guilt. He reminded them of the progress which crime appeared to be making, and the boldness with which men approached its commission in these latter days; that it was their duty to examine the case thoroughly and conscientiously, and decide in accordance with the law.
The jury retired, but in a short time afterward the Foreman returned and requested the Judge to adjourn the court until this morning at 8:30 o'clock. The Judge acted accordingly.
On their return, the Jury rendered a verdict of guilty on the fourth count only.
On the rendition of the verdict, Judge Stewart moved for the arrest of judgment, which was granted.
Judge Stewart then gave notice that he would move for a new trial. Thereupon Clark, the prisoner, was remanded to jail. Tristram was sentenced to three years and six months in the State Prison.
The Court then adjourned till 8 ½ o'clock tomorrow morning, to hear the motion for a new trial, when if the motion is not granted, Clark will be sentenced.
In the prosecution of this case the Adams Express Company have acted with praiseworthy determination. They have not recklessly thrown away money nor exerted power unnecessarily. They have shown that in the bosom of a great corporation may exist the elements not only of self-defence, and also, such as are calculated to subserve the interests of the community at large far beyond the mere relation which their business establishes between them and the public whom they serve so punctually and so well. Few other companies could have had the bravery to stand up under the loss which they sustained, and before they had any hope of recovering a cent of the stolen fuds they announced themselves ready to meet every obligation, and did so without any delay. At no time has the public had better reason to invest confidence in the Adams Express Company than now. The trial of Clark has been the trial of the Company, inasmuch as it has brought out in detail the exact manner in which they transact their business, and the certainty of their being able to identify their lost property.
A paragraph in the "General News" section:
The trial of the Adams Express robbers, Clark and Tristram, terminated at Bridgeport yesterday. They were found guilty and sentenced to hard labor in the penitentiary.
The Town of Bridgeport.
Beauty and Enterprise -- Golden Hill and Fairfield -- Barnum a Moving Spirit -- Churches and Schools -- Seaside Park Cemetery -- Tom Thumb's Monument -- Pleasant Drives, &c., &c.
Correspondence of the New-York Times.
Bridgeport, Saturday, Feb. 17, 1866
While sojourning here to take note of the proceedings at the trial of the dapper young gentlemen who found their way into the treasure chests of Adams Express Company, on their way from New-York to Boston, I have enjoyed the opportunities offered during brief recesses of court to see the improvements of this fast-growing town. If there is any law of growth which changes the town into the city, Bridgeport must soon be an applicant for the title. Wherever the visitor turns he is met full in the face by some New-York interest. You have the wholesale business in the metropolis, but here is no small representation of the manufactories -- the fundamental shops of some of New-York's vaster interests.
Perhaps there are few towns of this size (the population numbers about 10,000) which contain so many public-spirited men -- men ever ready to do or to aid in doing something calculated to give tone to the taste of the community at large. Certainly there is no town in the United States -- not even New-York, with its boasted Fifth-avenue -- which can or which does make so inviting and imposing exhibition of architectural design -- so much that combines beauty of structure with comfort and strength, as this little thriving town of Bridgeport. Not only are the dwelling-houses on the Fairfield and other roads, on Golden Hill, and wherever you go, ornate and chaste, but the factories partake of the same grand style of arrangement. Although plain, yet an effort -- a very successful one, has been made to impart what may be called "style" to the plainest factory structures.
Here lives the world-renowned Barnum. As this gentleman has always desired "a fair field and no favor," there is no wonder that his domestic comforts are inclosed in one of the most handsome and capacious mansions on the road leading from Golden Hill to Fairfield. His house is surrounded by ample grounds neatly laid out with shade trees and shrubbery, most of which are now in the oblivion of their Winter slumber -- like beautiful women, attractive even in their sleep. Barnum's conception of the beautiful is seldom mistaken, (I mean away from his Museum, for there he never fails to present a weird object if he can find one, even if he has to call it a "What is it?") and his house and surroundings are a rich tribute to the better wishes of the people who live here.
On Golden Hill resides Mr. Wheeler, the head of the great sewing-machine concern, known by the title and superscription of Wheeler & Wilson. His is of a different style to the house of Mr. Barnum, but it is as neat and chaste, as beautiful and snug, and stands within a few feet of the road.
Near to this spot is being built what, when finished, will be one of the most splendid and substantial Roman Catholic church structures in America. The walls are constructed of blue stone obtained in this neighborhood. I suppose this means that at least some of the Fenian Brotherhood intend to continue with us for some time longer to worship the God of their fathers "under their own vine and fig tree."
From Golden Hill a magnificent view opens up before the eye. Long Island Sound, stretching away out in its enchanting distance, bewitches the beholder, and he longs for the return of Summer, so that he can go down to the sea-shore and sprinkle himself with the waters of the exhaustless expanse which lies before him.
Rev. Dr. Osgood, of New-York, the author of many an idea brilliant, dazzling with beauty, has selected Bridgeport for a Summer residence, and although I have not seen it, yet I am told that that reverend gentleman is making such efforts as given promise of his not being left behind the most spirited of his competitors in the fancy for the good, and the healthful, and the beautiful, in one excellent combination.
Within a few years a commodious and comfortable railroad depot has been reared, and close to it the Atlantic Hotel, an establishment in which the traveler obtains the first good notion of Bridgeport. The house has all the merits which one at this particular point can have. Rooms are well furnished; the ventilation, either in Summer or Winter, is complete; the table is just as the desire of the guest makes it -- he calls for what he wants and gets it. Mr. A. R. Hall, the "gentlemanly proprietor" is fully entitled to the benefit of that hackneyed quotation, and I use it because I have the proof that he "knows how to keep a hotel."
From the number of churches, the spires of which point upward in every part of the town, one expects to meet here a people fearing God and obeying all His laws. I do not think there are many thieves here; if there were, I suppose they would rush them through court to prison much more rapidly than they do, as far as my observation enables me to judge. It is said that as soon as a scoundrel falls into the hands of the authorities in this State he is sure to get justice. Now, I think justice here means punishment solemnly meted out. I know it does not mean that generally in regions where Democratic majorities are the rule, but that is politics. Men who rob express companies are very likely to obtain justice here, or, as Judge Butler said the other day, "I pledge myself the prisoner shall have a fair trial." No such unscrupulous thief as Clark could expect to be acquitted if they had a fair trial. The expectations of such persons for freedom are based upon unfair play.
Public schools, the charm alike of New-York and New-England make sacred many choice spots of ground here. In these institutions do we find the hope of our country, the power and the greatness of the nation. So long as we have churches and schools, but particularly the latter, we shall retain the assurance of Divine favor, and feel comforted by the remembrance that "He loveth our nation and hath built us a synagogue." Bridgeport is not without its elements of strength in this respect.
The town is surrounded with pleasant roads in excellent condition, Summer and Winter, offering a continual incentive to equestrian exercise. To the west of the town and close to the bay is the Sea Side Park, commanding a fine view of the safe harbor, and across to the shores of Long Island, taking in the sweep the Black Rock Lighthouse. In front of the park is a strongly built sea-wall, immediately within which is a fine drive. At one point a pier has been built out on the shore, connecting with the main wall by a bridge; on their pier will be a platform, from which inspiring music will be discoursed by Wheeler & Wilson's celebrated band at least once a week during the Summer. Roads have been cut from the park communicating with the old-established roads leading from Bridgeport westward. In the course of the Summer cottages of enchanting style, surrounded by tastefully-arranged grounds, will be constructed all around the park, so as to give the whole scene the appearance of a grand art design, with a rich border of lace work gliding into purity itself in the natural and sublime picture of the coming and receding tides. To this and other enterprises which are making this town, the people are largely indebted to the go-ahead genius and tenacity of purpose of Hon. P. T. Barnum.
The cemetery, another ornament to the place, had its origin in the prolific brain and ready hand of the same gentleman. Here Tom Thumb has his monument to the Stratton family already reared, surmounted by Tom's own statue. Of course there are monuments of men who in their lifetime cared not to contribute anything toward the public good; but the stinginess even of such men takes shape in beauty after death in the form of $25,000 monuments.
Mr. Barnum is not now alone in the public spirit which is stirring up this locality. Wheeler & Wilson, whose extensive sewing-machine factory is here; Mr. Howe, also an extensive manufacturer of dewing-machines; Hotchkiss, whose shells did large execution during the war, and other gentlemen, are working as a unit for the building up of a first-class manufacturing town. But Mr. Barnum dates the rise and progress of the town back to the advent of Jenny Lind. It is fitting that such a paradise should grow out of the almost angelic song of the Swedish Nightingale.
Two newspapers, published every afternoon, cater the local items of any consequence to the people. The Standard is Union, the Farmer is not. More enterprize would make both good papers. At present the town appears to be considerably ahead of its journals. Time will set this right, however, as the necessities of the case develop themselves.
The people are generally warm-hearted and genial, and, as might be expected, where so much regard is had for the beautiful in nature and art, have lofty conceptions and tastes which preserve a handsome moral equilibrium -- a condition of society which impresses one with its excellence the moment he comes within reach. To a large extent Bridgeport is a suburb of New-York. New-Yorkers have their manufacturing business here, and they live here. Two hours and ten minutes connects the city with its adjunct, less time than is wasted and frittered away every evening by merchants in the city.
W.H.