The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-14

and consequently their manner of spelling, vague
ana mere personal peculiarly, without any standard
whatever, and peculiar to the one individual When,
therefore, the formation Of one word has a pecu-
lariy, and you lind that peculiarly in that word in
other letters written by the same individual, must
call your attention, and direct you to the unlike-
hood OF that extraordinary manner OF spelling being
made use OF by any other individual for it will be
seen that an individual who spells incorrectly refers
to standard IN his own mind, and which is not one
that another individual has access TO. ] remark
however, that there rs one In this book which
hold, OF the same kind, which did occur, and where
person was transported by proof afforded by bad
spelling: shall read it to you in order to show you
how other Courts IN similar circumstances in other
countries, have acted 1t is an English book on
circumstantlal evidence, and contains a collection
OF all the most extraordinary cases on record YOU
geItlemen, will pay attention to this case, for it is
as interesting TO you as to lawyers, and read il to
you, as | think we should, in some measure take
such books FOR our guides, regarding them as do
in the light OF the collected wisdom Of other coun-
tries and other ages. This is a case where man
was indicted for felonousy writing threatening
ietter 10 another pc son, and which was said to be
IN his handwriting The counsel in this case for the
defendant produced the prisoners son on the
stand as a witness, who confessed that the
letter was IN his own handwriting. In order
10 prove THIS, the opposing lawyers re-
CURED him to write from memory copy of the
letter on which the Indictment was found This he
did, and when II was examined it left no DOUBT but
that he was the writer OF the original letter II will
oe ooocitu, lie tilu not write III verbatim from
memory, but he wrote the substance of it; there
was, however IN the copy the same bad spelling,
ana In the same manner In the original letter Id
was on the ground OF the bad spelling being repeated
IN the copy, that the father was acquitted of the
charge, and the boy, being afterwards tried, was
convicted and transported on the charge, and in
consequence of the bad spelling You will observe
that the bad spelling here acquitted the father, and
the bad spelling convicted the son, and the spelling,
you will perceive, was the ~sne in both instances,
because the boy referred to erroneous standard
IN his own mind Gentlemen of the Jury--it is suf-
hclent tor me 10 state this circumstance to you;
whether you will pay that attention to ii which the
counsel for the prosecution has laid upon it, or
whether you will consider it circumstance so
slight as to be undeserving that attention you gen.
temen OF the jury, are exclusively to say. The next
circumstance to which would call your attention
is this; on the I'd October, lS4l, Munroe Edwards
is arrested in Philadelphia, and brought before Re-
corder Vaux. In his possession is found a trunk,
and In this trunk is discovered large sum of
money. amounting to Ss43,6O0. He had had this
according to the scheme Of the prosecution, in his
possession for exactly one month. Having by
the second OF September received all this
money, and on the second of October being
arrested we have, then, gentlemen, traced to the
and we find in the trunk Of Monroe Edwards S43,-
600 on the End October, 184l. With respect to the
notes which were found in his possession, no at
tempt has been made at identification. 1t is to be
regretted that Banking arrangements here are not
conducted with such minute regulations as of that
great Banking establishment, the Bank of England,
where the number and description OF each note paid
are minutely noted and entered. Such exactness
here would be much TO be preferred and would add
TO the difficulties .of achieving fraud. In this
case no attempt has been made at identihcation and
indeed Mr. Jameson expressly stated that no num-
bers were taken and therefore he could not identify
them, although the amounts of the notes were SINH
lar. There are, however, certain indications of a
Kind which the possessor Of this money would be
likely to adopt, and which may be of as afford
ing US some indication Of the course which he would
follow. OF the money obtained, there was SsSOW
in notes of the Bank Of Baltimore, S25, 900 on the
Bank OF America, $1,000 on the Bank of Virginia,
and S3eoo On The Norfolk Bank. Now if our infe-
rences are Just as TO the character of the person who
received this money, the disposition of that person
with his experience TOO in these matters would lead
the possessor OF the money change the character
oflt as soon and as much as possible and il Jno
Z. Caldwell Is the same with Monroe Edwards, the
change which we should expect has occurred For
lnlthe character Of the money in Edwards
trunk there is such change, though there
rs OF the same kind remaining nevertheless sufii-
c,ent to characlerizce 4. Now in the money
OF Baltimore, Bank OF Maryland, Bank of Virginia,
and from Corrie was received 25 600 on the Bank
OF America, by this same John z. Caldwell. Now.
the money received al Baltimore and Richmond
has undergone the same change which we should
be led to expectby the wish of the posscssor TO Sc
cure IT from identification. The notes of the Bank
OF America have diminished from Ss25 600 to SO 600
those ofthe Bank Of Baltimore from 10000 to 5000
The quantity of gold has increased, and notes of the
Phoenix Bank and National Bank of this city have
been substituted Tor those of the Others You must
also remember that these notes OF this city were
equal to specie, so that If he could succeed in
the character of the notes. if he
transformed them into notes on this city they were
the same to him American gold. The amount
OF American gold found had increased and differed
materially from that paid to Jno p. Caldwell by
the boy Hanson and large number of British soye-
reigns had been discovered, which were not ac-
counted for otherwise than that he had changed
these notes for them. There is, however that n
sral correspondence which would be expected, with
some variation, which would likewise be expected.
and IT is for the jury to decide whether the circum,
stance OF the possession of this money is to be
weighed against him. Now gentlemen, if this mo-
hey is not accounted for, is il not strong crcum-
stance against hes prisonerl Not strong enough TO
convict him, but certainly strong as corroborative
estirnony to strengthen the case against him.
with respect to circumstantial evidence any thing
nat tends to strengthen the evidence is of weight
AS the Counsel SAID with respect TO straws, one
raw Is not sufficient, nor will twenty straws be
uificient of themselves to convict the prisoner
do say however, that according to the strictest
ules OF logic and reasoning, circumstances essen
Tally strengthen others, and where various circum-
tancesarc collected placed togetherin mass the
nierences which 1t would argue are the imposs-
nifty that these masses should co-exst, and pont
Y OF them to the same person and the same train of
circumstances. In France, indeed, where matters
-
nd the probabilities and improbabilities are accu,
atey calculated, II is reduced TO a sort Of problem,
that you can ascertain the degree of probability
Which each bears. Every inference which can be |
isiy drawn, indeed vastly strengthens the infe- |
ences against the prisoner II, then, you find this
nan at Philadelphia, who're he is arrested, with |
'4S 600 IN his possession portions of which answer
0 the description Of the money obtained the infe- |
ences to be drawn from this transaction are, that
ne suspicious are increased only. Well, then, let |
S see how he has attempted 10 account for the DOS
esslon OF this money. On this we have only the |
violence OF Charles +. Johnson and Miss Phillips |
md II is only with respect TO this point that their
violence is important. Now what is his account |
is this; That he was the I'd of August at Bati-
lore and there appears to be no reason to doubt
lat ne was at Baltimore on OF about this time. |
While he is there, one Charles +. Johnson and he |
ave entered into some sort of speculation. |
thereby he introduces some land, which he states
elongs to HIM, In Texas, and TO the extent, az I |
INK, OF ten leagues and on the other part, John
On Is to invest $4,000 in cash, and 25O negroes,
aued at 800 each - the scheme being that OF |
-.