New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-06-14


son or Caldwell. IL was not casual meeting
hui he va. man rh' came Win request
,,h;.h u,,s.z place them IN great danger, ,and
~, ob.eryation therefore To be relied %
The pcr.ons testify 10 at easttweu,y interviews
Opon the testimony Of the inuheePcrs, plsse tn
lca., reliance as their attention MT called {"
him by any particular business. We have. how
ever the testimony # one person who knew him
and could not be mistaken, mean Nr Elder. III,
testimony has been severely commented upon ana
his memory is said no, to be relied on. But j. "
so or is i, tbs testimony OF a iimid, shrln"In-
man, coming from the coi''er, one careful Of "na'
he saws and who appears even o'er-anXiops 10 say
nothing bu, what is strictly. Iisdly true
IA Juror here suggested that # Nj. Elder, be
ing Catholic did not swear on Bible marked
with cross. he could not accoun' 1t an oath.
The Judge SAID that no intelligent Catholic
would make that any scruple; but if it a. rep
resented. the testimony must be- ruled out OF tho
case But he though, that on consideration the
Juror would look at this a very vulgar error
We have now, said he. proved the commission
Of crime, the finding OF the money the appearance
and tenderin. Of the draft, =, Baltimore, &c.
Now as TO the defence set mp. They attempt to
prove an abb. This j. eiectua defence but
il one Of the most compor resorts OF fraud
What said before is,applicable to ths hhoue o'
proof there is usually in this at least an adlA'ute
Of truth. Several person. may be induced uu,!,
to swear tina, they saw person on a Pafucui"
day-whch should render it impossible to say uiai
10 wa. not there during all that day. An ancIen'
writer says truly that this specie OF defence i al
ways regarded with suspicion.
It's Of great additional weight II Tcsorted TO ano
maintained from the moment Of aHe't--b"' >
greatly weakened if not put IN at once. Now "Is
District Attorney says that 1t u very susP'c'"'
that this was not once asserted at 'ic t''i' 90
arrest. W.y did not Edwards say" arrested i''
forgeryi Why. it could not bel was at Ne"
York and NOT in Baltimore the 3lst August
The akbi here rests entirely on the FREDERICK
Regis,er-thc Waverley Register and that of the
Northern Hotel Now, it will be asked, why, j.
Mi. be true. does 10 one TO having seen Id.
wards here Ifhe going Oh pleasure Or or
business he must have been in some company
And are these Registers of weight sufficient 10
weigh down the direct testimony of the nine viii
nssses before youl 1t might be that in such
case the man should no, be able to state where
he was But if he can say from memoranda that
wear ago this day he dined at a certain hour and
place, lie is armed at and can call around him
many who saw him there. And is ii not alarming
that there is no proof Of this narure'
trust entirely to your discrimination to ludg'
Of these points. The entry in the Waverly book
il in an unusual sty!e-ihOueh not without pre-
cedent That on the Northern H.tel book wa
Of necessity, if forged, 10 be put by the .ide OF
some other name, because the day wa filled up.
IL is remarkable, too, that on that entry on IN"
Northern Hotel Regi,ter there should be 50 deer
a stain as shosld make it impossible to say whcu'-
or there has been an erasuIe not. Now whcr'
and who is Mr.. Bclchcr' \ friend Of Edwards ?
. t.,, al he
bill az is shown by the cashbook, but Edwards |
does not.
shall alludc now to the bag found in Edward
trunk, and to the newspaper in which the gold wa
wrapped. Hanson swcars he gave Caldwell
bag--and he recognizes this rs the bag he gave
him as ncarl, as he could be expected to do
And then we find in that very bag Baltimore
newspaper of the very date on which the crime
was committed.
This j. u slight circumstance but the Engli-i
books tell us Of Il man who was hung on the same
evidence alone, though admit there was "a mate
rial difference in the circumstances. But tins COZ
roborates the whole stream Of testimony-which
thus meeting must be held strong
fear | have weared your patience. have
witnessed your condsct with great respect, and
,ris, at least you will agree. Let us avoid al
this expense and trouble again. If YOU doub
give the prisoner the benefit Of that doubt. Bui
remember it mnst be a reasonable doubt. Remem-
Der that there must, out Of the exact sccncas, he
some doubt. There j. no necessity showS.--
The meaning :. that when YOU hold in your hand
the golden scale-if you doubt whether prePon-
deratcs either way there you doubt according t.
the law any other is no doubt.
This is extraordinary case-one winch Wi
live in the annals of crime look at 1T viii
great concern. | wish to have justice pure-and
! wish To have it firm. Therefore examine the sub
jcct cody, fairly and humanely, but do net be
frightened IA, shadows Of doubts do your dut,
honorsby, firmly and son haryou shall satisfy your
eonscenccs, your country aNdyour God.
After the Judge concluded his Charge. Mr.. EN-
nett took some exceptions, and he Jury rettred