The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-24

L ~.
1.-THE REcoaDEx here remarked that this wa,
saying as rsush as avowing his iDseution 10 knock
Mr.. Griffen down NY ~
CHARLES G. HAYENs called and sworn-Ths
conversation alluded to by MIR Nathan, took place
at the room Of literary association in this city
Ogden HagyeIty then threatened to fog Mr. Grif.
FEM because he had compared his father and AIR.
will be seen, by reference to the testimony Of Og.
den Haggery above that he positively ne never
said he would fog Mr.. Grifen !
| Amory together; 1 pictured to myself the idea of
his valiant atteupt. ~
The reader will remember that Mr.. GrifIen is
| enc OF our Oldest and most respected members Ct
the New York bar, and and Mr. Ogden Hasgerty is
| young man of about 30 years @
Witness misunderstanding was said at this
time by Ogden Haggery about comparison be-
tween the houses Of Amory and Leeds and Hag-
| gety and Co as invidious; remarked that
thought not; i advised him. if he wished to fog
| any body, to select oAe Of MIR. GriGens sons, and
! not the old gentleman. q
The testimony on both sides was here closed
| CHARLEs O'CoNNoR, ESQ., commenced summing
up on the part Of the defence at o'clock, and
| cluded at six in the evening.
| He commenced by abiding TO the fact that the
law Of land had SO regulated prosecutions ola
criminal character, that became necessary for an
| Indictment to be found by Grand Jury, before
any individual could be placed upon his trial, and
when found, that the prosecution must confne theiI
the present case the counsel for prosecution had
travelled nearly every transaction Of business
that had passed between Amory and Leeds and the
Haggcrty's, during the existence of the former
firm that the greater part of their route had
been entirely astray, from the actual issue
before the Jury, and calculated to mislead them
from proper view Of the circumstances attending
il. He alluded to the great danger resulting from
an abuse of the intention Of the statute relative to
false pretences the power of revengeful an
overbearing creditor over his victim, whose mouth
was closed, while his prosecutor could be sum-
moned a witness 10 give an exparte statement Of
ali the private conversations and agreements that
passed between them without fear of contradic.
ton. The danger of allowing creditors, either
courts, to collect debts due them, was ably and
graphically illustrated by the eloquent counsel.
The delay which had been evinccd by the Hag.
gerty's in the commencing this suit-the cause
adopted by them to all that could be grasped,
including the personal property Of Mr. Amory,
the continued professed friendship and init
macy between him and the family Of oae oil the pro-
secuiors, until they had used him for all their pur
poses, and then the reverse, as is now presented
was eloquently and beautifully illustrated. The
contract between the parties well depicted, by
which it was clearly shown that the pros cutors
were obtaining an usurious interest by the manner
in which they transacted business and were liable
to the penalties of staute, the Supreme Court
in the case of butcher, had expressly decided
He then referred TO the statute Of this State that
gives full power to factors or agents to sell or
pledge goods in their possession, and their abili-
ties in the payment OF duties, advances, SC and
accordingly fully sustained the right of his clients
to make such transfers, sales and pledges of pro-
perty as they had during the transaction of their
extensive business. He contrasted the charge Of
false etences alleged against his clients, by those
whose advances were made with ssurious exac-
tion, and illustrated his position by showing the
unequal bearing Of the power of an influential and
wealthy firm who by making credit with bank and
lending Their own name, thus obtaining IL per cent
on their capital, while poor man, with his silver
dollar, can secure but seven. M
He then passed te the want of m olive or int rest
on the part Of his clients 10 commit he crime al
legged against them, as it had been fully proved that
at the very time the mistake occurred, as to the
precise location Of the eleven bales OF cloths that
form the subject of this indictment, they bad up
wards of 100000 worth Of goods in their stores,
while the alleg claim Of Haggerty and Sons, as
per invoice. only about 500 Oo0 and the valne
Of the cloths in question not over s25 900; that
there could be no special motive for selecting the
goods in the public store, in preferenceto thosein
Pine street, and If there had the difference to
these prosecutors would not have been noticed,
as one Of them had stated while on the witness
stand, that they would have advanced on goods in
public stores in the same proportion, deduct!rg the
payment Of duties; that the invoice in which the
mistake had occurred was made out by MIR. Snow,
If the clerks Of the firm Of his clients, who was
directed by them to enter upon 1t goods in their
store exclusively. but who had Internationally
to this famous suit of alleged false prctcnces, and
for which the whole host OF Ha2gerty's combined,
were now endeavoring to send them to the States
prison. 1t was also shown that at this very time
that it had not been customary to Keep any
memoranda of their places of deposite. When
they discovered the cases OF shawls in the
public store, no charge of fraud was then thought
Of, although the same mistake had been matter
lative to that in the Of the cloths. The pa.
per presented BY j hn Haggcrty to the persons
forms an abstraction, although signed BY him ten
months after hs knew that certain goods were IN the
public store, yet positively avowedthat such goods
were at No. So Pine street Thus il would be seen
that the principal prosecutor would be liable
to the same charge of false ne alleges
against the defence. Further, it will be seen tnat
in letter written BY Jahn Hagserty 10 Mr. Wat
son, forming one the firm Of Amory & Leeds, he
alludes to the removal Of goods by that firm, for
course, and therefore, by his consent, has con-
rmed the power ofthe defence to make such disro.
sition Of the goods al any other period. He cos:
cluded by showing the bad spirit that had actuated
the prooe cutors, as had been evidenc d by their
testimony as witnesses; the point blank csatradc-
tons in their statements, the son contradict
ing the father and deny his own
proved by other witnesses; the Djn Vui valor
| of Ogden Haggerty, who had threatened to Kill
Amory, demolish Bennett and beat the aged veteran
Griffin for expressing his opinion that the house Of
Jack Haggerty and c. was no better than that OF
| Amory and Leeds He alluded to the honorable
testimony offered ofthe good standing and pure re-
| pu.aiion of the defendants, as presented in open
Court by men as high as proud, and as spotless as
any Of the Haggerty's could ever aspire, and this
| too after these defendants had made what was
termed a bad failure, aud beep redased 70 poverty
and went He most c.oquently portrayed the frank
and truly honorable Of his clients in deliver
ing to their prosecutors all that they possessed,
even in the hour Of ruin and desolaion, and
with whitening sarcasm contracted the al
most fcudIike disposition Of these, who afte.
grasping all that tends to make life comfort
! able, would still follow their victims with insa-
ta,c ZEAL hope Of severing the last link that con-
meets them with society, separating them from
their wives and innocent children, and consgning
them to the ignominy aud lasting disgrace Of CEN
! viction and incarceration with doomed felons
| stepped with crimes of the blacklist dye.
We have neither room time TO give more OF
| the eloquent remarks of Mr.. Conner, but suffice
il to say that it LIFT impression the minds OF
| court and jury not easily changed by opposing
counsel.
| The conrf tLen adjourned 10 this mnInine at I0