Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-10-31

without passing through the hands OF its officers
AS il does not appear who signed it, that is mat
ter OF inference. But how came they to part with it
without any security?
Another branch of this case is the Mechanics
Insurance Company. But all the evidence is
before you, shall dismiss il without further COM
ment. On turning to the Fulton Bank find my
self carried back TO the Morris Canal Bank. The
stock of the Morris Canal Bank was lodged in
the Fulton Bank in exchange for Fulton stock,
which then passed into the hands Of MIR. Barker
as the agent for the Life and Fire Company. Mr..
Barker's account distinctly acknowledges this
shall not enter into all the particulars. The cha
rac,er of that transaction depends the character
of the Morris Canal transaction. If the last was
| fraudulent, 80 il the first. On the other hand if
II be honest-if II be innocent, no fraud can be
imputed TO the transaction of the Fulton stock.
| Upon this general view of the testimony, will
turn your attention, Gentlemen, TO ascertain whe-
Their these transactions are many respective
onspiracies, or ouly branches Of the general
conspiracy. If the evidence would bear out the
conclusions that the officers the Life and Fire
Company, avaled themselves of the credit of their
institution TO obi ain money or stock from compa-
nie- individuals: If they started upon this plan,
II may be considered one general conspiracy,
Notwithstanding the branches into which it may
dverge. III such is not the fact and, though there
may be conspiracy, IT it was not in pursuance
| OIL any pIan tDen elcn Oh tDese OeicnOants
is 10 be considered distinct and separate con-
| spirator.
Wnhregard to Spencer and Brown, shall sim
| ply state the law Simple o. erdrawing, however
fraudulent, does not amount to conspiracy. II
however, these individuals effected their overdraw-
ings in concert with each other or the cooperation
of the bank clerks, it would then constitute con
sprscy. 1t is alledged that Spencer effected hi.
overdrawings through the corporation of the Vice
| p,psii he haye he fasti-
mony before you, and particularly that of Mr. Lea
| witt, from which you can make up your minds
I And here, Gentlemen, when name this witness, l
may be permitted TO express my regret that he has
been treated by several of the counsel for the
defendants. 1t appeared TO some that he gave his
testimony with perfect sincerity and truth. If he
did SO, why he reflected upon By the counsel /.
1t is difficult for the court TO interfere with the
rights oil counsel in the discharge of their duty to
their clients. But II does appear TO me that these
rights wsntonly abused in the case Of Mr..
Leavitt If that gentleman was actuated by ma
levolence, he deser, es Reproduction. On the other
hand il he was actuaed, in giving his evidence, by
the purest OF motives, by conscientious regard 70
duty, and by elevated stand against corruption
why should lac have been stigmatzed as he was
Why treated he by some of the counsel
If the feelings of witnesses 10 be scourged and
| lacerated, public Justice cannot be administered.
had occasion TO state before that witnesses are I'M
der the protection Of the court, and now will add
that Justice should be dead letter without homes,
and intelligent witnesses.
Another branch OF this is tina, which relates
to Mr.. Barker II appears that Mr.. Barker re-
eeived certain number of the shares of the
Tradesmen's Bank, and we have no evidence how
they came into his hands He has not vouchsafec
to give US any satisfaction on this point. II wa:
reasonable to expect some evidence. II appear.
also that the stock of the Fulton Bank came into
the hands of Mr.. Barker, and that he had a very
intimate connection with the Life and Fire Compa-
+ ny. He large dealer in bonds. The im-
PRECISION is that he doing this business on hi:
own account, but whether he did so, or for the
Company, shall leave you TO consider. Mr.
Barker made declarations of the Life and Fire Com
pany's -olyency. l, Unnecessary for you to in.
quire how far he knew the affairs of the company
and it is necessary for you TO say whether he wa:
not cooperating with these individuals to procure
circulation OF their bonds.
When you retire, gentlemen, to agree upor
your verdict, you will not yield your judgment
further than you compelled to do so by the ey-
idence. You are not to confound the evidence moi
the individuals. II must appear clearly TO YOU
Judgment tina, they are guilty before you find then
so. You will yield your assent only so far as yol
are compelled to 10 so by the iorcsof testimony.
you entertain reasonable doubt, it will be YOU
duty TO acquit them. On the other hand, if 70.
clearly satisfied of their guilt you must brins
in a verdict accordingly. 1t has been put to yot
broadly that you must believe these defendants in.
tended 10 cheat and never to return the property
ii they dill intend 10 return the property still il
they obtained ii by fraud they are guilty. If an
individual FORCES note, obtains the money anc
returns it again, still he will be found guilty of for.
gerry 1t is not necessary that they never intended
to return the stock. (Here juror asked the
Court who carried the two Morris Canal certifi
Gates to the Fulton Bank, and to whose credit the
were placed. The question made in allusion
. TO Mr. Eckford. Some remarks arose among the
counsel this point, the evidence was read an.
then the Judge proceeded You will learn how
far Nh Eckford concerned in these transac.
Ions by the part he took in the negotiation for the
return of that stock All the advances made to
the Company by Mr.. Eckford, the entire loss OIL
General Swft's stock, the annuity of MIR. Yer
milyeas mother, are fncts showing their opinion,
of the Company 1t seems also that for some day.
before the failure, the ordinary sources for paying
bonds were closed up, and the efforts of MIR. Bar
ker failed. How far all these causes combined "a
bring the crisis, or whether the determination
OF It's fate mere matter of time, is for
you to say; if it unexpectedly brought on
how far these were precautionary measures to save
themselves.
) have now gone through the various details
"A few words more, and shall have done. We
have heard much said on the power of prejudice
and that the community is in state OF excitement
conJure you to disregard all these pIeiudces
and TO limit your views to the evidence strictly
Deplorabe, indeed, would be the citizen if he were
to be tried, not by the law, but by public prejudice
In the course of TIE remarks by the counsel
something was said of the restrictions to which
you were subjected. regretted that such remarks
were made. Ii was foreign to the merits of the
entirely. feel 1t is delicate TO treat this sub