Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-03-15

and therefore she was not in the constructive posses
sion of the money, and therefore Mary surRs did
not constructively commit q constructive larceny:
Observation-Disclosures is q doubt IN the mnd Oh ths
Court; should like to see the corsets and the che
mise, and then could tell better a0ou. inc ~hsie
business. 49,,
ConrtMOh. then of course we can't see them.
Fourth Counsel-If the Court please-onc word
there Is case in WENDELL man found trunk in a
road-ergo, he came BY il honestly. ,
Recorder-Oh, yes II ind trunk IN the road, |
must come by it honestly.
Eonrth Counsel-He leok that trunk into field
broke it open, and stole some money from it-ergo,
he did not come by that money honestly.
Recorder-Oh, no if | steal money, don't come
by il honestly What page in Wendell is that?
Fourth Counsel-Second Wendell page 247 1
think the man was tred-Judge Story decided that
as he came by the money honestly at first he could
not steal il afterwards.
Recorder-Thats very clear-if come by money
honestly, nobody can accuse me of stealing it. What
page is that decision!
.IFourth Counsel-Fflh Massachusetts reports,
page 1884, think. Now, sir, argue that this girl
came honestly into the possession OF the chemlse
containing the money; ergo, she did not steal the
money in the chemsc, because she didn't steal the
chemise ITSELF
Recorder-Oh! but she took the money out of the
chemlse.
Fifth Counsel-So theman took the money out CT
the trunk.
Recorder-Thats very true.
Sixth CounseL-If the court plense, IN Carolina re-
ports, VOL l. page SO, there is case OF wash tub,
case precisely similar to this in all Its features; aman
left his money in his breeches' pocket
Recorder oh, but PAIR OF breeches IS different
from chemisc. :.
Seventh Counsel But the principle is the same if
the court please But there is a case in Tennessee
Reports page 296; lady stopping all night at no.
te-got up in the night-went down stalrs-came
up again-mistook her bed room-went into that of
IL tt.ao af HIM. into
bed-he woke up and thought she was thief trying
10 rob him-he seized her-she seized hm-he cried
theves-she cried murder-the whole household ran
into the ROOM and both parties ran to heir respective
beds. He had her indicted for an assault with lnten!
to rob- &c.-she had him indicted for an assault with
intent TO commit, &c.-now If the Court please -
Observation-Disclosures, it's very near dinner time.
Sixth Counsel-Oae word, If the Court please
man was walking into New York from Harlem
he saw horse in the road going towards this city
he Jumped on his back, intending to ride him into
town; but the horse turned round and eli to Har
lem the man was pursued and taken up for horse
stealing.
Recorder oh, but gentlemen, there's great deal
Of difference between a woman and horse. Gen.
tlemen of the jury it's very near dinner time, and
therefore I'll only say, that il you think that when
this girl got that chemse and found the money, she
not she shonld steal It, you must find her innocent;
bat if YOU think that the msment she sat eyes it,
she made up her mind to steal it, you must find her
guilty. Retire to the Jury -reen-take with you the
chemse-no, not the chemise, but the statutes, and
decide according TO your censciences.
They retired fer half an hour, and found verdict
of " Guilty ~