Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-06-17
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money.
The next proof is. that he ~ss in Baltimore on
the SIa OF August and in Richmond on the I'd OF
Sept and IL you believe that. there ~ as the eoon-
sci for the prisoner himself says an END OF the case
| The counsel insist thstu was impoSsloe TOT ha
wards to have been il Baltimore on the Soth OF Aug.
as he .eft Philadelphia on that day, and they rely
for this upon the evidence of the eldest ss thps.
IL Miss Philips is correct. the Edwards on the way
bills from Washington and Ba tmore, on the Slst
OF Aug. last. could not be the Edwards now on
| trial.
Next We come to the great proof Of identity, on
which point nine persons swear distinctly, as 10 MS
being in Baltimore and Richmond. Cases have oc-
CURED Of remarkable personal identity, and doubt
less will again, but these exceptions oil an
infinitely small account IL possible that ten men,
all OF whom had different interviews with the prison.
| er at different times. should be mistaken rs 10 MS
IDENTIFY but was difficult to they were ms
taken. IL might be so however. IL had occurred. IL
might occur again, and IL was Tor the Jury alone 10
say how lar they thought such might be the case here
You have had here one person on the stand exhiohed
to you much resembling the prisoner, and others have
been said to resemble him. IL Is for you TO Judge II
his countenance is OF such DESCRIPTION that many
other persons might be mistaken for him, and that
you may judge from your own observation. These
witnesses who swear TO seeing him IN NIch-
mond and Baltimore, were persons whose occupa-
ton leads tSem to study human eountenances.
Their sagacity sharpened as they knew how
often they were liable to be Northumberland the tes'
timony of boys il they honest, IS particularly to
be relied upon, where they are called upon to testi
fy as TO the evidence of their AL these wit
messed had their attention called TO him by some
particular circumstance. These nine witnesses
swear 10 at least twenty -one interviews With the
prisoner. One person who knew him, Mr. Elder,
has testified here to his identy and TO his being
in Baltimore the Sist Of August last. IL is said
his memory is OF an extraordinary character and
that his testimony is not to be relied upon. Is he
to be relied upon or not. That is for the Jury to
say. One OF the Jury here arose and asked If there
was n cross on the bible, on which MIR Elder had
sworn and being told there not, the Juror said
he could not conscientiously believe that MIR Elder
had considered himself as on his oath, as Catholic
only believed the bible after his own fashion, and
he did consider himself periured by swearing on
bible which had not the IL, even It he had
told what he knew untrue.l Judge Kent said,
this remark could not apply to any educated. well
informed Catholic, IS MIR Elder certainly was, but
II the Juror could not conscentlous!y receive that
genleman's evidence, let that be thrown aside en-
iirely, and rely only the testimony OF the other
nine witnesses.
The crime has been proved and the differences 10
be drawn from it-and what is the deiencel-The
prisoner sets up an alibf, defence very often set
up in Of this kind and most frequently relied
upon to conceal fraud. But when abb is set up
not at the tlme OF the charge, and resting upon re-
gisters one of which has been kept from the prose-
cuton, it must be looked at with scrutiny. This
abb depends two registers those Of the Waverly
!
positive proof this head is very striking fact,
and is it not an alarming circumstance that not a
single witness has sworn TO having seen him on that
day7 This abb depends Us said mainly on the
Two registers. IL was a remarkable thing that the
page OF the Northern Hotel, at the date on which
Edwards name ID written, has a peculiar STAIN
which renders 1t almost impossible TO distinguish il
there has been any erasure. Where is that Belcher
whose name appears there with Edwards'7 He
had paid his bill there, but Edwards /. does not
appear paid his bill.
Next as TO the bag, which has been recognized by
the boy Henson. IL is possible that the bag
might have come into his possession some other way,
but the boy swears he gave Caldwell bag OF thai
kind, and he recognizes Edwards distinctly as the
person who received the bag. Then the gold was
wrapped IN a Baltimore newspaper OF that very
date on which the gold was procured. But he may
have got this paper in New York or Philadelph
and asaid he may have got in Baltimore. Il is
very trihns eircumstance.ibu one which, conoined
with Others, Is entitled to consideration, and the
jury may draw from it whatever they choose.
Judge Kent concluded by exhortins the Jury if
possible, 10 agree upon some verdict and not com.
pei the Court and counsel 60 again over this long
and tedious case. II there was reasonable doub
in their mind the prisoner undoubtedly entitled
10 it., but Il must be reasonable and honest doubt.
IL was en- extraordinary case, one which would live
IN the annals OF crime let the verdict be what may
and he eXhoted thecl 10 deliberate calmly, dispas-
sonaely and coolly and to do their duty earlessly,
firmly and truly between the prisoner, the country
and themselves.
When Judge Kent bad concluded, the audience
evinced evident marks of appro baton, which were
however Immediately suppressed.