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

ing at three officers who in consequence OF
several robberes having been committed Hounslow
employ ed to that neighborhood. They
attacked post chaise in the evening of the 10th of No
yember by two persons horseback, of whom sta
toned himself at the head OF the horses and the other
the side of the chsse One of the officers stated
that the night dark but tina. from the flash of pis
tol he could distinctly that it horse
between thirteen and fourteen hands high of very
marksble shape having a square head and thick Shout
ders and such that he could select him Of fifty hor
ses AMI that he hal the horse since stable In Long
Acre He also perceived by the same flash of light that
the person al the siie glass had on rough shag oo"
great.coat.
The man was convicted. To be sure the officer
may have been mistaken; but those Judges beneved
IN the great law OF nature, that SO peculiar Is Tue
expression OF each persons countenance; that II
may he identified, even though only seen Tor mo-
ment, and by the flash OF pistol To be sure you
have had a man the stand, MIR Daniel Marley,
the furniture dealer in Ann street in this city, who
Is said to resemble the prisoner very strongly. And
10 be sure must say there cas very great general
resemblance between that gentleman and the pr-
soner, particularly in the expression of the face
Then there was Capt. Sherman introduced for the
same purpose, but he did not resemble him much
Mr. Marley Then, again, Powell was said to
resemble hm-one witness that he was very
much like hlm-whllst another swears that he was
not at all hike him. Now, then, to be sure it is for
MS TO say whether his counenance is of that general
nature that 1t could easily be mistaken for that of
another-ior that OF Capt. Sherman, or Powell or
Mr.. Marley; OF which latter gentleman provert
was made, as II Is termed in law. And you must
also take into consideration that these gentlemen
Were not in Baltimore at the time mentioned
And this shown and proved, the number of
exceptions 10 the general rule is diminished.
now, these nme persons, gentlemen, who swear to
the personal identity of Edwards were persons
whose habits OF observation and peculiar duties led
them to examine closely the human countenance in
matters of business. They are accustomed TO ex-
anime minutey the handwriting OF men, and their
features, and their powers OF perception very
sirong-far different from the person who is adj
dressing, whose powers OF perception are not very
strong--absen mlnded-and so forth But we have
instances of Bow street officers and French police
officers, like Vldocq, who can take in persons
features al single glance. So of these letters and
brokers-and II Is sound maxim of law that every
to be trusted in his Office Then there is the
boy, and the testimony of BOYS h Id If honest is
70 be relied ongreaty. consider they are safely to
be trusted in all that relates 10 observation IL is
time of life when the mind is bright the powers of
observation vivid-and their senses are sharpened
and aeute,'for all they learn then is by observa-
non. And would trust great deal to boy fines
honestn telling me OF any thing that he saw OBJ
ferved Well all these nine persons had their atten-
ZION called 10 Caldwell from some particular circun-
stance Jamison had II called to him from the tactth
ne paid hun Sl0,0O0; and this was not casual meet
.ng Ike meeting man IN an omnibus, where Won had
but a casual glance of him, under circumstances
that would be dangerous TO them if they erred and
their knowledge o identity is therefore the more 10
be relied upon. These nine persons swear in all
10 seeing him twentyone times The person upon
whose testimony would place the least reliance is
that Of the inkeeper at Richmond, merely from the
tact that his attention was not awakened by any cir
cnmstances of dstrust We have, however in adj
dltion TO all this, the testimony of one who knew
INN, who had seen him before and could moi have
been mistaken. Mr.. Elder swears to seeing him at
Baltimore AT that dale. 1t has been remarked for
the defence that his memory at least a little
singular, Butts 1t so! Is 1t the testimony of man
who had desire TO niure Monroe Edwards with
out cause or Is II not rather that of a man leading
reured and stndious Efe--drawn forth from the
academic coisters, with his mind pure-knowng
ute OF the word-tmid and retiring, who swears
before God-scrupulous in giving his testimony
over-anNous IN that respect we should consider
1t, perhaps, IN thus city OF Custom House oaths and
Here fat juror, No. 2, after wriggng in his seat
good deal. rose and said
Far IuRoR.-l wish TO ask his honor the Judge
one question.
JCDSE KENT Go on sir.
FAT JUROR want TO know if that man was
swore on Bible having cross on It,.
JUDSE Ga little put out and addressing the cerk)
Has that Bible cross on it
CLEIK-No, Sir
.lupsE.--1 do not deem that material sir
FAT JuRoR.-But / do. | know that a Catholic |
doesn't consider that he perjures himself when he
swears TO what amt true a Bible that hasn't got
cross on IT.
JUDGE. do not consider that is the case with |
educated Catholics. | think you will find sr.--I |
am addressing myself to you--that such prejudice |
Catholics
Far JUEoR-T think it does to all And more !: |
what makes all this trouble in orr public |
schools they won't allow the Bible to be read
they don't teach from it-and all this trouble and
no value the Bible if it's without a cross and be-
heying only what the priest tells them, and
JUDGE -Bnt am sure no well-lnformed, inteli- |
gent Catholic clergyman, as he certainly was
would consider that necessary; ana | think you |
must admit tina, that prejudice is sounded in vulgar
error.
FAT JURoR-l cant,upon my conscience, believe
what he saws IT he swore on bible without a cross.
JUDGE hENr-Then, sir, all can say is, that if you
don't believe hts testimony you must put all that
o the question, But then there are the other wit |
md wa haxn
OF the crime, ne have proved the handwriting and |
we have proved that he had money in his trunk and |
that he presented the drafts at Baltimore and Rich
moad bv persons. Now let us as 10 the cha
racer OF the defence which he up to all this
He sets mp aibi- And this pecvar species of de-
fence, II proved to be true. is demonstrabe of nno-
cence But II is also that kind of defence which |
IS on OF the most common resorts of fraud
and volume might be written, and a very anus
ing one too, of the various rules of an abi how
constituted, how formed, how far they NAV be car
RED on and ms said before amidst all the lies of
this kind there must be certain admxture of truth
II | want 10 get person to swear that he me
on the 3st OF May, and It is necessary that he should
have seen me the whole of that day, which would
show that II impossible that | was not any
where else during all that day, should tell him to
observe me to day, and see what did, how went
out of tins room, went TO dinner, and what else | |
did, and then II would be easy to swear to seeing
me, do the same things and SO conduct myself on
the 3ist OF May. And IN this way defence might
he rOtup that wond battle the most profound skill
o; legal Investigation. writer in the same book
nave been reading from observes that this kind of
defence nj the best IS always looked on suspi-
cious. lie SAYS:
OF all kinds Of ovculpatory defence that Of an abi
clearly established by unsupported testimony is the
satisfactory ard conclusive, since excludes he POSSIBLE
" OF hetrh Of the accusation. defence Of this
"a often entertained with disru and suspicion because
easily eoncocted and frequently resortei falsely
u is essential 20 the satisfactory establishment Of albi
that should cover the whole Of the time OF the ransac
ton to vhch relates so as to render it impossible that
he prisoner coull have committed the it is su.
Client that iers his guilt improbable defence of
abb dreg aied because n that the prisoners offered
to prove that they in bed the night ques-
lion attvelve o'clock, and found in bed the next
morning after the with which they were charged
hs taken place the distance being miles that they
might have risen committed the deed, and returned to
bel