New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-06-11

W Il
| remembered that not one OF the witnesses except
| Mr. Elder. had the slightest acquaintance with
Nr Edwards. II should be borre n mind that.
when every ono o. tie witnesses ponies To the
prisoner aud identified him. there vas not man
the house who did not know It equally we'll
Every one knew tina, /, was Monroe Edward. Nhs
| was srraisued Who there OF them all that
did not Know him from evidence apar, 'ror1 their
own knowlcdsc Was not Monroe Edwards.
whether swndler or not. the most notorious
p,r-onage OF the day tiis whole appearance.
and every thing necessary for their purposes, was
known 10 them month bctorrhaud Now have
no doubt that all these witnesses believe that n,
client the very fellow; hut | wish tn distin-
guish between an impression upon their minds anS
the mury of the rnan-stapped upon their ~
collection. aud not drawn from any other source.
Now ei'hsr their wonderful recollection of th-
man, whereby they enabled to identify him. must
either depend upcn = miraculous interpretation ol
heaven, upon some particular mark which rls>t
exit now upon hi- features Mr.. Marshall went
into remarks al some length on what he called
the discrepancies of the witnesses a. 10 the
whskers Of the rerson who called himself Jno
L. Caldwell Tn. subirct OF personal identity
he coutendcd was one ct tho mos, difficult ct
proof in the whole world We have a case in
this very city Of a woman who swore that man
was her own husband. and vet she mistaken.
The testimony OF the boy who gave to Caldwell
a bag was held to he worthless, for the boy had.
when pressed 10, out the great secret ct this te.
timony-that he had testified from inference. and
not from his OWE recollection. Now there can
be- such influence operating upon orr tc.tlmo-
ny Miss Phillips testified directly that up 10
the 2ith of september. Monroe Edwards IN
.lf.sf.
Ell You cannot. them believe that he wns in
N.w.lork on the Odd. when he i. said tc have
forged the letter. We are driven, then, to sup
Pose-without the slightest proof-that 'hi. Wit
ness il pcriured-ihat Edwards employed al
agent. Gin default If testimony or he cassot be-
guilty of the offence charged. We prove the alb
sence ct Edwa from Ncw-Iork at tina, time,
lutt a. We would prove the absence OF any siran-
gcr-bv reference To the recorded evidence. ltls
proves most clearly. since the evidence il wholly
LncOntrsdictcd, that the prisoner ard Jno. !.
Caldwell could not be the same person. Both the
ladie. swear 10 tic same fact On the 30th, we
prove him to have been in Newly ork, and also Oh
the 81 st. by reference TO the registers at the no
tells. In reply to their testimony Tint he at
Baltimore, have testimony that hc in
this civ. We also prove that he could not have
bcea in Alexandria u have got the drafts h. i.
said to have presented in Baltimore the 3lst.
To believe the testimony on the part Of the pros
rcution. then you must not only believe that the
register. here are false. but that the Misses
Phillips have perlured themselves. But in order
To meet the knowledge of our witnesses. at the
hecl of the hunt the prosecution have intro
duced Mr.. Elder to testify that he ksow. him
well, and he has let out some facts which | am
glad have appeared here in evidence for he ha'
| -hnkru that tuis ,vunherinp hn. "a nephcW
who il grandson of Daniel Morgan-that lie ha.
assumed the and guardianship of this orphan
! nephew-and that, exile IA he has been, convict
YOU may make him, he has not forgotten the
claims of nature and the ties of humanity. Tn,
testimony of Mr.. Elder. Mr.. Marshall said, in hi,
eyes amounted almost to moral miracle. Never
| in his whole profession had he witness so
painfully precise Yet he could not say whether
| he had said tomorrow or the dsy after to-mor
row. in addressing the uncle, but knew perfectly
well tina, he had used one, and still could not
member what he had SAID to Mr.. Brown when he
! heard that Mr.. Edwards, the guardian Of the or
phsn boy. the friend of the INSTITUTION and one OF
hi, own friends, had been arrested for forgery
nor what conversation he had held with Mr..
Lownde, few DAYS since. Mr.. Marshall said he
charged no man with perjury, but he did charge
this man with having the most extraorlnar,
memory be had ever Known.
The prosecution seek to rrovc that all those let
tors were written by the same person. We arr
willing to acknowledge that they all writer
! by John i. Caldwell. whoever he is. They seek
to prove this by Witnesses md still they prove
thing with regard tn the authorship OF the letter
ct Maunscl White N Co. except By the testimony
Of Lewis Tappan and he has never seen Ed.
wares write. but has only one or two note. from
him, and yet bs sweaFs that Edwards wrote it
Now Brown Brother. Il Co.. though well nc
quaRt-d with the writing of Maun.cl White &
Co.. and though they paid 1000 for tfat letter.
never thought of tc.tiiying that this letter wa
written by the same person those signed John
T. Caldwell. They are, therefore, witnes.e.
against Tappan, and with mush better mean. OF
Judging of the resemblance and their testimony
il, certainly a. good : his. Tho manner in which
one wiine.., Mr. Ellis, testified to the hand.wri,
ing, even under the most severe cros.-cNamnatiop
to which he wa. subjected stamp. his evidence
with perfect certainty.
The fact tina, money j. found with the prisoner
To the amount of si3. 600 be evidence against
himself only in two cases one by identifying II
with the money known TO BE lost. and the other
by proving that Just before the COMM. sion or the
aed-cd fraud, he had no money at ALL bu, that inn
m-diaiely after h. had it in abundance. Now tn.
money j.. not identified by any witness.
Mr.. Marshall had proceeded thu. farm the ar
gument, OF whish the above i. mere -ketch,
when one of the jurors, Mr.. John T. Coachman,
tainted from exhaustion; and at MS wish. and with
general consent, the Court adjourned.
FIRE.-The Pitsburg Gazette of the 9Th inst
.ays. on SUNDAY morning fire broke out in frame
house on Penn street, in Fifth Ward, which, owing
20 ,csrci,y Of WATER va. not subdurd until some