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

| fhc Shet Justice sustained the objection
raised by the defendants counsel, but as he was
oyerrulcd by the court,
Caldwell proceeded to state, that Morrison ON
hls return Ia him said, that Spencer had ACRE. ed
To stay aud vote for his BILL and that Inc w.s :,
let HIM have $500; that Spencer did STAY. ami
that some slime after the bill had finally passed
the house, lie saw Spencer and Morrison walk
ing arm IN arm in The Hail; when they parted
MORRISON gave him roll of bills and requested
him to give them To Spencer, as he did not lil
to be seen giving money TO members; that he
went over to Benamn's Hotel, where hc found
Spencer IN the back room, and gave him the
money, and took his note for $40, payable to
Morrison; that he did not know wha, tie money
was Tor, but told Spencer il NIorrison's; that
he understood Morrison made up to Spencer the
sum of $500, and took his note; that SUBSEQUENT
~ IN New York. IN making up the sums spent TO
procure the charter Of the bank, Norris. n put
uo"n SJOo as given 10 Spencer; that he asked
MORRISON why he charged that sum i'm the &C
count, as he had Spencer 'snotc for Il. when Nor
rison said that was all sham he should not call
ON hi'n for payment-the note was only intend
ed as a cover. " illness declared that he did rot
know that the S 10 was for an improper purvos,.
when he gave II to Spencer, but from what had
since TRANSFERRED, he now believes it was a part
OF the money which he was TO receive for his
vote.
On bis cross examination, Caldwell testified
that as compensation for his services in procur-
| ing the Chemical bank charter, he was to re-
ceive $1,000, have the privilege of subscribing
Tor $4,000 of the stock and be notary To the
| bank for i've years. That those services were
to use all honorable means by arguments and
explanations to members TO induce t',em to vote
| for the bank; that he was frequently in Spen-
GERS room but that he always told HIM lie was
uniavorable 10 banks; that he never heard Nor
rison make any improper offers to Spencer for
his vote, nor did he Of his own knowledge know
| that any Improper means were used with any of
the members. But that after the bill passed the
House, and while it was pending in the Senate,
he became convinced that improper means had
been or would be icsOrtcd to, and TO avoid any
Suspicion OF being concerned, he left Albany
and went home TO New York. Witness admit
| ted that If Morrison had fulfilled his engagements
To him, Oh If he and Morrison had remained
| friends, he probably never should have COM
planned of Inalpracices Iii procuring the charter
Tor the bank. Witness said that he Understood
that some OF the grand Jurors who found the bill
against Morrison, understood him TO swear that
at the time he gave Spencer the $40, he cons-
dered 1t TO be bribe. He did not mean to be
50 understood. AT that time he had no such
suspicious, and he took this occasion to correct
any such impression.
When the court opened on Tuesday morning
Caldwell was further cross examined, and cor
| rected several errors in his printed testimony
| before the joint committee of the legislature
He swore that there never had been a consuta-
ton in New York about blowing mp the bank,
nor had he offered TO take $1,000 to settle the
difficulty relating to the bank, further than con.
cerned himself. That ON this subject he con
suited Mark Spencer.
Testimony on The part Of the Defendant.
Charles Faconi, testified that he was book
keeper for Morrison, in his store, for about three
years; that shortly after Morrison returned home
from Albany in the spring, after the Chemical
bank was Incorporated, he handed to witness
note against Phineas Spencer, drawn for $500
| on demand, and directed him TO enter il in the
bcoks as all other bills and notes were entered;
that IT was so entered as bills receivable OH the
| l5th of April, 1924, and he exhibited the book
in which the entry made. He testified that
the note produced in court was the same that he
| had so entered.
| John w. Rockwell testified he was one of
| the grand jury which found the bill of indict-
ment against Morrison, for bribng Phneas
Spencer, for which he was then on trial, that
| VIM. }. Caldwell was witness before Il e said
Jury, and testified that when he gave the $40 to
| spencer, he knew II was bride; that Cald-
well swore twice or three times To this point,
he being called in the second time 10 the jur,
in consequence of not being perfectly under
stood by some of the Jurors.
| Rufus Brown, testified that he was foreman
of The grand jury which found t.e bill against
! Morrison; that Caldwell was before them three
separate times and the last time testified t.al
| the $40 lac gave Spencer, he considered as "A
brlbe at the time When he gave it.
John Cramcr sworn, testified that all the printed
testimony given by Caldwell before The Joint
committee of the legislature, is totally untrue;
that al the time alledged by Caldwell the con
Versatlon with him relative to the controytsy
between Caldwell and Morrison, took place in
New York, he did not see nor speak TO CaJ.
well; nor has he at any time before or since
that period had any such conversation with
hm.
George Curtis testified, that during the last
summer and fall he boarded with Caldwell in n.
York; that he held frequent conversations with
INN relative to the Chemical bank business and
his quarrel with Morrison. That Caldwell one
day last fall told him that he had erred in not
taking the $4,000 offered him as compromise
of the difficulties; that he should have taken iii r
he had not been advised not to by Mark Spen-
Ger, whom he consulted; that he, Caldwell, told
NJ. Spencer he ought to take il as it was a fair
equivalent for all Morrisou's engagements to
him, and he had family to support; that Cald-
we'll told him, the witness, there had been a
meeting at Job Comstock's counting room al
which were present Halsey Rogers, VIM
M'Donald, Mark Spencer, Comstock and him
SELF that after talking over the business of pro-
curing the bank charters, &c. for some time.
Rogers moved, and M'Donald seconded the
proposition Ito blow the bank to help which
motion was put and carried. Caldwell told
witness that If If had moi heon fnr NI.rIy Cnop