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

order to aid him and to support him by his evidence
gone 10 Cuba to give this evidence. But think
gen'iemen, ihe Whole transaction bears intrinsic
well as extrlnslc evidence of its iasty in the very
article purportlng TO have been signed al Baltimore
and which think the jury will discover by their
own discernment. The first question is that this in
srument purports to have been executed on the I'd
August and a counterpart having that date is pro-
duced. In ordinary circumstances, in courts of JUS
tlce dates are taken TO be correct and evidence
OF themselves. This is, however, but weak infe-
renee, and 1t is maxim of law that parties may be
allowed to prove date to an instrument or the day
on which 1t was executed, and nothing is easier
IMAM Tor witness 10 swear 10 date. This instru-
ment, however, bears date the second OF August. A
respectable lnnkeeper at Baltimore, the keeper of
The l:utaw House, swears, however, that he saw
this instrument executed. When, however, he is
asked as to the time, he cannot tell, but thinks it
either the conclusion Of summer or the beginning
of the fall Edwards, il was proved, was at Balti-
more on the I'd August, and also on the 1th Sept
TENDER, that was the time when he went TO fetch his
nephew Hurd, and when Johnson and himself with
that nephew came to the Waverly House. | infer
"a he was at Fredericksburg on the Sd in the eve
ning that he came TO Baltimore on the 4th and went
torhis nephew, and came on with him to the Waiver
House The name OF the nephew, it appears, is
Daniel Morgan Iiurd. Now on the Ih September
II was material for John u. Caldwell. whoever he
was, TO account for the money which he had in his
possession Therefore, the scheme in the West In
dies, would do extremely well. and may probably
have suggested the idea that he came possessed OF
the money on this plan. have always remarked
that there is admixture OF truth in false testi-
mony. IL Is rarely seen wiihou, some truth. A
ooid, naked lie us a monster, which shocks
at once and is rarely seen. There is generally
some mixture of truth, and tins portion at truth
tafsehood is piiedsky high. believe. therefore, thai
there was some ground for this West lndIa s'ecula-
ton, but il is for you to decide what O. how mpch
Now gentlemen, Our proof IL the lcflef shsuid.
however, mention that one Of the mssi tied
philosophers that ever turned his after ~ ihs
consideration of evidence one who ~ allnliird Ia
" 49,.
has remarked that letters the moE Important az
sIstants to evidence They are the guides 20 truth
and the landmarks which point out the land when
nothing else can be seen. IL is not essential that
these letters should be true, they may be fabricated
tor the purpose OF the evidence, but impressed upon
them Is the character of the parties and they tell of
that character at the time, and by them we mea
sure the statements which they may afterwards
make and the subsequent circumstances, we are
enabled TO Judge of For this purpose take this
letter written by him which shall read to you and
by which we will compare these subsequent occur
FENCES and statements. 1t is one which is appa-
rently written IN the openness of his heart and the
fglness of his friendship to this Winnifred, and we
shall lind this specimen Of this kind of evidence
On The I'd August the prisoner says he received
$5O,0OO at Baltimore from Charles F. Johnson, and
this he is put in possession of as the means of carry
ing on this great speculation. Now, on the 2sih
July, we find him writing from Philadelphia that he
was that night going south, without having at that
tune any expectation that in four days he was to enter
into this great speculation which was TO put him in
possession OF S5O,0OO, and without his having any
amount In his possession more than that we find
him in January in London in state of The most
abIect degradation as his letter TO his friend Smith
!estlhes, which contains something about bargain
ing tor his watch. Here in Philadelphia, and shall
read you the letter, he does NOT entertain any idea
OF entering into this great speculation, and in fact
is thinking of an entirely different scheme from what
he now says. | will, however, read it to you TO
show you how it is.
PnILApELrnIa, asth july lsll
On. wSrrnrD.--
Your letter Of 18th has just hand enclosing one
from Prentiss The business upon which wrote YOU for
the benefit OF Miss -, has been managed by herself
therefore need not give you any further trouble have
been unexpectedly detained here by the sickness of
my nephew, but shall leave here tonight write to Mr.
Prcntss by this msil and have written him where he
me- and satisfied him that have no been hid
about New York he supposes As TO Powell cannot
suppose that he have any friendly regard for after
the unkind manner that he spoke Of me behind my back
DO not wish him any harm, but have desire see
him. can do without him, and have doubt he will
get on without any aid from me.
nyou have anything of interest write about between
now and Friday next write to me to this place. Hurd
viii be here until Saturday morning, and he will over.
take me in Prince William County Va where shall stop
for a fetc days.
III be of any serrace you only let me know how
had funds to extent would send you some but in
providing for Miss Kitty, and with Hurds expenses and
mine find shall have to call my relations in the Old
Dominion er couple OF hundred, in order to get home.
lyou do not write before, write to New Orleans as
above am your FRIEND
NJ. EDWARDS
being entirely different from those of person about
entering on such speculation as he would have you
believe In this letter he states that he is going 10
Prince William County, and that he will have to
write to his friends in the Old Dominion for cou-
pie of hundreds to enable him to get home. Now
this shows great absence of expectation that he
has no idea whatever of this speculation which is
toput hun IN possession of $4,000: About this alb
sencc OF expectation the thing is TO be re-
marked IN writing to his friend Wild. lie speaks
IN his letter TO him Of having been successful in all
his operations, and makes use of what | suppose is
cant Southern phrase "that he has his pocket full
ofrocks" He speaks of this great Westlndia specu-
atlon, which think does exist but il is not in evil
dence and nothing that pointed to that as being the
source from whence he had this S5o,0Oo, which is
said to have been paid him on the I'd August What
Is the condition of Charles f. Johnson in relation
to this matter! He says that he is the owner of $50
slaves, which he values at $500 each in Martinique
Now let us Tor a few moments consider what Mar
Unique IS. II IS small French Island, almost the
onlyone Of her colonies in the West Indies which is
left to France, and is about thirty miles in length
and ten or fifteen broad, and contains hardly any
st. Thomas. 1t is small Island, shut out by the
sea from connection with any great extent of land
so small that any person possessing property to the
extent which Johnson must if he is possessed of
the go negroes mentioned Unjust of necessity be
known; and yet he is found upon enquiry for the
purpose OF taking his examination before the COM
mission either in st. Pierre or St. Thomas two very
small towns, to be perfectly unknown II may be
nat NC CohtIhctcu JOr the negroes which ne
informed the person whom he intrusted with the |
money that he had in his possession but, in that |
case; he might have brought evidence in support of
II, This IL circumstance for the Jury to consider, |
whether this person who paid $4,000 to Monroe |
Edwards,was to deliver to him $50 negroes must not |
have been well known on an island not so large as |
Long Island from bis properly and plantations in that
small island. His credlbility is in some degree da-
mayed when person Of so much property cannot
be found on this small island. There is another
hing to which your attention should be called.
When this man is examined at Havana, in the
island of Cuba--we will put out Of the consdera-
ton of the case the informal document which has
been commented on, inasnuch as it is not under |
oath we will therefore put that entirely out Of this
examined, he shows this contract bv
which he delivered $4,000, and bound himself To
deliver two hundred slaves, and he also exhibits
eccipt for this money, which he says he has
,sked how he got and where he received this money