Literary cadet and Rhode-Island statesman. [volume] (Providence, R.I.) 1827-1829, 1828-01-05

AAosAO " W u Y u
ment in the city; the excitement was kept up
by insidious and infiammatory publications, des-
tItute alike OF truth and decency; and thus the
public mind was prepared to immediate, with
out enquiry, any victim that might be offered.
Under such circumstances a Grand Jury was
empannelled, and indictments were preferred
against me. You entered, unasked, into the
sanctuary Of their deliberations, examined
many, if not all Of the witnesses, and remained
in the jury room until the final vote was taken
Ia second, and a third, were successfully of
fercd and found against me by the same, or
another Grand Jury, under the same circum-
stances, and through similar efforts. l had
formerly believed that the sittings Of a Grand
Jury, and their deliberations, were secret, and
sacred from intrusion or violation, even by a
public officer, whatever be his grade or sta
tion-thaf a District Attorney, or an Attorney
General, had no more right than any other
person TO invade their privacy,-that he visit
ed them only when solicited TO solve some le-
gal doubt, and respectfully retired when that
duty was performed. And | have lately seen
in the newspapers, that the Supreme Court of
this State condemned the conduct Of Dis
irict Attorney in one Of the northern counties,
who had intruded himself, uDinvited, on the
deliberations Of a Grand Jury Before this
era, (the period Of these indictments,) it was
believed that the deliberations Of a Grand Ju-
ry, were to be altogether unbiased; that they
were to examine the Witnesses, and form their
own conclusions, OH facts, in their own way,
wholly uninfluenced by extrinsic aid or opin-
ions.
The finding of the successive indictments
was announced in all the newspapers of the
city, and in some of them with the most acri-
monious remarks and comments; and thus 4
new impulse was given to the public mind, al
ranIy in a statn nf Eaua.;eb ..,.u;,,, .papIJ
observe here, that in place Of your stopping
these infammatory publications, which j, rs be-
lreved was your pa rticular duty as a public Of
tcor, at least until after the trial, instead OF
your doing so you, sir, were on all occasions
in the habit Of declaiming, and | have under
stood with a degree of exultation, out Of court.
and of course in your private capacity, that
you would undoubtedly convict me; thus de-
nounced by you in the street, and in private
circles, l was regarded as a man without prin-
ciple, my credit Frustrated, my business sus-
pended, and my family overwhelmed with eis-
tress. BY such means, sir, the public mind
was kept in a continued state Of excitement,
until the trial was ended; a period Of two
months and an half from the time that the
first indictment was found. In Sept. 1926,
came on the trial of the indictment, which you
had amended, so as TO include seven others in
it. What object you had in view, by adopting
such an unusual course, it is perhaps difficult
to say, but certainly it was admirably calcula-
ted to destroy the chance ola fair trial; and
most assuredly had that effect.
In your opening speech you avowed with
exultation, that y0u were the sole author of
the prosecution, and claimed exclusively all
the honor which the result might merit = you
pronounced me a swindIer and a conspirator;
declared that l was insolvent in 1924, and de-
manded my conviction as necessary to satisfy
the just vengeance of the law, and TO appease
the public Glamour: the scene was altogether
theatrical; the most boisterous plaudits were
expressed and tolerated, and. l am sorry TO
add, were manifcstly received by you with
complacency. You denounced, sir, with the
foulest epIthets a man yet untried; / have
heard 1t said, that the law presumes every man
innocent, until he be found guilty; you, sir,
were the organ of the law, and should so have
treated me; but from the yehemencc of your
defamation, the zeal, the eagcrness and acri-
mony which you exhibited from The commence
ment and throughout the trial, one might have
inferred that your fame, your honour, and your
office were at stake on my conviction. Be-
fore the testimony began, l was already con-
vitted in the minds of nine tenths Of the audi
ence, Of every crime with which IT suited your
pleasure to load ME - nevertheless, tho trial
proceeded, and after twenty-eight days of
strife and debate, and virulent abuse, the jury
were charged and retired -delberated tor
some time, and could not agree; no verdict
was given, and the further trial was put off TO
a future occasion. 1t is with pain and regret
| remark, that YOU Showed evident signs of
notification, chagrln and disappointment, that
the deliberations Of the jury did not result in
my conviction. Notwithstanding, that 1t was
shown on the trial, land | believe by your own
witnesses) that The funds Of The Company,
consisting of notes, mortgages and other Sc
curitics, deemed good at the time they were
taken, equalled the amount OF the debts due
by the Company; Notwithstanding that 1t was
also she vn, that | had advanced and lost more
than $3.50, 900 Of my own private funds TO sus-
tain the credit ofthe Company. and the great
err part of this at a short period before ITS in
solvency was announced, yet, sir, your closing
speech was more fraugh, with declamatory We
hemence, bitter invcciivc and harsh reproach,
than even your opening address,; - let me here
remark, Ohio application of which will pres
emily be scen) that you had at that moment
before you, all the evidence OF my guilt or in-
noccnce, which you have at any tiisc since
had, OF us | believe, expected TO obtain.
At the courts which were held in March, !
June and September, Of this year, ! offered
myself for trial nay, | tntreaied that my tri-
al might now &c had, and pressed my ooun-
sci 10 urge upon the court the misery en-
dured by myself and family-the loss of repu-
tation, tho prosiration Of credit, and the sus-
pension Of my ordinary business, but it was in
you twice refused to bring on the trial,
and the court once, and ] was condemned to
endure for an indefinite period all these calam-
tiles. and to be held up, during yoar pleasure,
as an object OF scorp, Notwithstanding your
previous declaration openly made in Novem,
Der 1926, " that you were satisfied mat had