New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1842-06-13
TRIAL OF MONROE EDWARDS.
Reported Tor De Tribune
Court OF Oyer md Terminer.
Before Judge KsST and Adernsen B.LIs snd HarFELD.

SATURDAY.. JuEe IL, 49,
Hon. Thomas /. MARsHALL this morning pro
cerdcd in Continuation OF h> argument for tic de-
fence. lie first wished To correct an error INTO
which he had fallen last nisht-in stating tina, The
leuer Of Maunsel White 4 Co 10 Me,sr.. Brown
Brothers & Co. OF this CITY vas sworn, by Mr.
Tarpan, TO have been in the handwriting Of Col
Edwards. Such, he had learned va, not the case
and he checriul!y made the correction. He then
went on say that the prosecution must have seen
that the fndIns more than $40 600 IN the posses.
SION Of the prisoner wa, not accounted for even on
the supposition that b. had commiied the fraud
for Messr.. Brown, Brothers & Co. by thi- iraud
for which Edwards i 90 triai lost only 10000
so that 10000 still remains to be accounted
for. How then do they attempt 10 de ihi, BY
producing Mr.. Corrc from Liverpool and % what
does he testify Not that EdWald.. hs' ilat john
T. Caldwell defraudcd him Of - OI0 This. how
ever be coutcudcd had nothing Whatever to do
with the Then, too. the testimony Ut MIS-
Phillips shows clearly that Edward, had ~ hi pos
session. at a time prcr,oHs 10 the commission oi
the fraud, amount OF money nearly equal to that
found in hi, trunk. The dispositions, too, which
relate 10 his business connection with Chaie, 7.
johnson show clearly that this mo1ev came INTO
hi. possession before ne exhibited 1t Miss Phil
lips upon his proposal of marriage, and, therefore
before the fraud was perprctaied Very probable
too j. 1t from the evidence that this very gold
which was found with him va, obtained by him At
Baltimore in fair bushes, transaction The
brokers clerk too Who j. said 10 have given him
TIM. bag cannot testify It's identity be can ouy
.av that he gave sucl Il bag to somebody. and any
one who came for gold would have received such
a bag Our testimony then vith regard 10 the man
ncr of hi. obtasing the money stands uncontra
dicred by the testimony of this boy.
Mr.. Marshall. in entering u.on an explanation
of the other circumstances connected with the trans
action. said he knew no more OF tins trial than the
lurv themselves. But he was struck with the dit
ference between the testimony Tor the prosecution
and for the defence The FIRST testify under every
advantage and with every isduccment TO swear
plumb M To the line marked out by the documents
in their hands; while tine latter give the PLAIN. sim
pie unpre iudlccd statements. which are evidently
unimpe achabIc truth. The testimony OF Miss
Philips, Mr. VI. commended. derived tine most per
feet corroborarion from the very circumstance which
would prohabl, be used for the psrpose of mpeach-
ing t-namcly, that he was her aihanced lover ana
that she wa. bsun1 by all the ties of strong alice
For great as were her motives for doing II she does
not - testify she refers her books and tcsthes
that he wa, in Philadelphia on the 30th--not Oh
the 3l,t-s that, unconncctcd with other evidence
her testimony would sill allow him To have been
in Baltimore at the time of the commission OF this
astounding fraud. There is no alternative between
giving full undoubted credit toeVcry thing she may
say, or s.Iieving that she Is perHred in the whole
of it,
Bv fair Interpretation, too, and without con-
tradiciing charging him with perjury. IT follows
from the evidence of Mr. Elder himself that Id
wards NAV have been in Baltimore on the lst ri
Scptember and If 80 he cannot have been IN Rich
mond on the %, Is necessary in order 10 suppose
that he pcrpetratcd these frauds Neither doe.
this contradict Mr.. Clcndcnuing, for he only tes-
titles that inc. =. C0id,ceH there. Here
then j. another ALT, clearly proved by Ut their
own witnesses. The JURY certainly would not, in
order to convict the prisoner. TX day which the
witness himself would not tix-when the law pre-
>umed him innocent until proved to be- guilty.
The fact that there is similar error IN spelling
between letter # Edmonds and one of Caldwell
cerlainl, could not convict the priso'er: 1t II
could then If the there could be found any other
man in the world who spells fer feu, he also
cosd bc conN cted of this forgery. IN case tins
evidence 80. allowed weight Mr.. Marshall sad
he should cxalt photography far far above AL
other science. in the world. In conclusion, Mr..
Marshall said he had given this case the fullest
and iairest examination. The prisoner had trust
GA him in hi, hour of dlnger-hc had commi,tei
hi, cause to him in perfect confidence and that trust
had not been BETRAYED He had reasoned this
ca.c A. he would reason mathematical PROPOSE
,isn. for in that way alone he knew the prisoner
h.. al ,,ht AL ~ ted
of no appeals To sympathy. 1t must depend .Im-
plv ON the merit, OF the case Ii the prisoner
va. guilty nothing on earth could cave him Be
fore he sat down Mr. Marshall asked Indulgence
in single remark. He .ad that last night he
had tran,gresscd the rules of the foum-itat he
had an-.ress.d the proprietIcs of the place and
he knew that It wa. ouly under favor of the Court,
extended bes~use 1t was a stranger here, who
asked the Indulgence, a stranger under remarka-
bic and peculiar circumstances. He did not do
this Tor himself: d. did II for hi> client. He tor
90, for = moment what he owed 10 the jury and
moments reflection convinced HIM that he need
not have done 20. The Counsel with which ne
+. connected va, sufficient tor him. IL hadI -
side him oi whom be wa, proud and whom ht
iyht here claim 10 have been hi, earliest sla.ier
i. Jurispru. snce and the friend q MS youth and
that | can 80 call MIN friend and master. sad Mr.
Marshall. i. to the world sufficient guarantee OF
nv faith and my honor; armed in the panorly Il
hi, friendship feel lion.liAe and can shake Oh tn
a,per.ious that have been cast upon me.
Mr. MARsHiLL concluded hi, argument al
about II O'Clock VI. There was a slight inclina-
ton to applaud. bnt it promptly checked ny
the presiding Judge.
OGDEN HOFFMAN followed in reply. lie
said that notwithstanding the excitement that eN-
i.tcd in the community with rclatios to this cause
he should if he knew himself, conine himself
strictly to the testimony that had been INTRODUCED.
And be conceded most fully IN the principles lad
down by the learned counsel who had just closed