Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1825-02-25
DOMESTIC.
ALBANY, February II.

\ me IeOpie Us. JOhn L. .NOfTtSoR.
On Monday last, after having been postponed
from day to day for the preceding week, in or
der to procure the attendance of witnesses on
the part of the prosecution, the above entitled
cause came on for trial.
Counsel for the People, Attorney General
Talcott and District Attorney Butler
For the defendant, T.. Williams, Oakley, S.
\. Foot, and L.. Livingston.
The defendant was Indicted by grand Jury
of the court of general sessions for the city and
county of Albany, at the last September term,
under the statute 10 prevent bribery and cor
ruption, but was subsequently moved 10 the nigh
er court by the District Attorney.
One count of the indictment ayers that the
defendant offered bride to Phineas Spencer, a
member OF the last legislature from Cattarau-
gus county, To induce him to vote for the bill to
incorporate the Chemical Bank last winter; and
another ayers that he did bribe the said Spencer
10 vote for the bill.
The cause had excited great interest, and
when the court opened on Monday morn
ing, the room was crowded To excess with anx-
ious spectators.
Judge Sutherland opened the court; and stat
cd that IN consequence ot Il deCease III tie fam-
ly OF the presiding Judge, (Duerl lie had been
requested so . do: That the term of the Sd
nremC Court was at hand, and there was
much business to be d. ciCied on which reaured
his previous eXaminatio but that IL there was
a pros ject of going through the trial on that
day; he would consent TO preside. Alter some
conversation with the counsel, the Judge said
! ne was convinced that the trial would take I'D
more time than he could consistently with his
duties devote 10 il, and he should therefore de-
cline trying the cause, and directed the crier to
adjourn the court ill the next day, when Judge
| DuCr would be able 10 attend
Mr.. Foot observed that it was great hard
ship for his client, the defendant to be kept so
| long III waiting with his numerous witnesses.
some OF whom had come from great distance,
and requested the court not 10 be adjourned, till
he had an opportunity to call on CHEZ Justice
Savage, and learn whether he would not con-
sent 10 preside at the trial. The request was
| granted, and in a short time the Chief Justice
appeared'ani took ms seat upon the BENCH
The Court then consisted of the Chief Justice,
Judge John S. Van Rensselaer,, and Alderman
Gibbons.
The jury mpanneled and sworn consisted of
the following persons:-Gerrit c. Waldron.
Henry Van Olinda, john Young William Dix
on, Cornelius Bartlett, John Bebe, Ezra Les
| ter, Daniel Carmichael, Samuel Blodoet, JOHN
- Ogebury, Frederick Spaun, and amcs 30.
CART.
| Mr.. Butler opened the cause for the rrosecu-
ton lii a neat and appropriate manner, ia which
| he explained the nature OF the cause to the iu
~, aud read tue act on which the Indictment
was founded, and stated the punishment which
awaited the defendant, should the Indictment be
sustained, as we'll as the consequences that
would flow to the member alleged TO have been
hribed.
The counsel for defendant admitted that Phi
meas Spencer was menber5of the last ee.sIs-
tura, and that he voted for the Chemical Bank
The counsel fur the prosecution admitted tina;
the printed testimony taken before the Joint
committee of the Legislature in November when
examining milo the means to procure the lcor
poration of tie Chemcal Bank, was the same
as the original and might be used in lieu there
OF, should the court allow that testimony TO be
used at all.
I'm. j. CdidICeU was the first witness sworn
on The part OF the prosecution. He testified the
same as he did before the Joint committee in No
Vember last (Which we published) without any
material variation.
lie testified, that on the evening previous to
the passage of the Chemical bank in committee
OF the whole, Morrison called on him aud told
him that Spencer was going TO leave town the
next morning and requested him to call on Spen-
Ger and prevail on him to stay and vote for the
bank that he and Morrison had some DAYS pre-
ylous: conversed about Spencer's going away to
vermont to get money; that he went to see
spencer accordingly, leaving Morrison in his
room; that Spencer told him he was going off
the next day and would not be here TO vote for
the bank; that he was opposed to banks and must
gOto Vermont 10 get money: That on his re-
turn to his room he found Morrison where he
had left him, and related to him the converse
ton he had held with Spencer that Morrison
then said he must let Spencer have the money or
lIf, nfyl ho l. 4
out dong this, and he must do it; that they were
putting the ScrewS on him from all quarters
Witness told Morrison that Spencer named to
him $500, as the sum he wanted. Morrison then
left witness, as he said TO go and see Spencer and
shortly after returned.
Question by the Attorney Gen. What did
Morrison tell you about Spencer when he came
back?
Counsel for defendant objected to have This
question answered, and Contended that any con
LESSONS OF prisoner on trial for crime couId
not be gwen IN evidence against him till il was
proved That I've crime was committed. That fire
charge alleged against his client was his having
offered spencer money 10 stay and vote for ms
oank; and That Spencer would be competent
witness to prove that fact, and the public prose
cutor could call on him TO testify, Mr.. Oakley
proceeded at some length in support of his OH
lection.
The Attorney General replied and cited au-
thoriies, to show that the question was proper at
this stage of the investigation.
The question was discussed pro and con for
near an hour.
Judge Van Rensselaer, gave it as his opinion,
land Alderman Gibbons conceded with HIM thai
1t was not necessary TO prove crime before the
confession OF witness was given in evidence
But that that evidence must be taken as cir
cumstantIal, and could not be relied on solely 10