The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1842-06-30

.,ere mistaken. IL ".'S"' ~ -
a ,'Ia'ssaoceurred. Itmigh toccur again, ant
l na far the Jury alone TO say how TAI
w. We, thought such might be the case here
,e'! have had here one person Oh the
~ III exhibited to you much resembling
sam '.;soner. and others have been said IL
'nc .r,,hIe him. II is for you TO judge l
ie'' "onn,enance is Of such description
~ ~, many other persons might be mlsta-
t l,l Cor him, and that you may Judge from
A'n avo observation. These witnesses
YOU sn swear to seeing him in Richmond and
SOI;.no,e. we're persons whose oceupa.
sa heads them to study human counte-
w. O".ss Their sagacity was sharpened as
u nar toew how often they were liable to
=, - dofraudcd-and the testimony OF boys
- are honest, is particularly TO be re-
roJ mon. where they are called upon TO
, Nv as 10 the evidence Of their senses.
~ those witnesses had their attention
e,Iled to him by some particular circum-
lance. These nine witnesses swear to at
iaas, ,wepty.one interviews with the pri-
sooer. One person who knew him, Mr..
Rider. has testified here as to his identity
arJas 10 his being in Baltimore on the 3lst
Of Angus, last. II is said his memory is of
an extraordinary character and that his
.e.,imouy is not 10 be relied upon. Is he
n be relied upon or not. That is for the
lurv 10 say. [0nc Of the Jury here rose
and asked If there was cross on the bible,
u which Mr.. Elder had sworn, and being
IA there was not, the Juror said he could
II, conscientiously believe that Mr.. III.
her had considered himself as on his oath,
Catholic only believed the bible after
/, own fashion. and he did not consider
msclf pcriarcd by swearing on blSle
,b,ch had not the cross on IL, even II be
ad told what he knew was untrue. i
[Iplge Kent said, this remark could not
,oply to any educated, well informed Cath.
pic, as Mr.. Elder certainly was, but il the
lJlror could not conscientiously receive
Ia. seaieman's evidence, let that be
brown aside entirely, and rely only on the /
esiimony Of the other nine witnesses.
The crime has been proved and the in.
[erences to be drawn from it--and what is
! Ne defence The prisoner SETS Up an
IEbi, defence very often set up IN cases |
Ii this kind, and more frequently relied !
InJn to conceal fraud. Bu, when an abb |
|. Sc, up not at The time Of the charge, and |
|esiing upon registers, one of which has /
been kept from the prosecution, It must be /
looked at with scrutiny. This dltbi de- /
ends on two registers, those Of the Wa
sery House aud the Northern Hotel.
Tie absence Of positive proof on this bead
1 very striking fact, and IS II not an
aafming circumstance that not n single
ziness has sworn TO having seen him on
hat day = This abb depends as ! said
mainly on the two registers. IL was re.
aarklble thing that the page Of the North
m Hotel, at the dat. On which Edwards
8me Is written, has peculiar stain, which
caders il almost impossible TO distinguish
there has been any omsure. Where is
bal Belcher whose name appears there
Bh Edwards lie had paid his bill
lere, but Edwards it does no. appear paid
IS hll.
Next as to the bag, which has been re-
tnised by the boy liansou. 1t ls posi-.
e that the bag might have come inlo his
secession some ether way, but the boy
aeafs he gave Caldwell bag Of that kind,
n he recognises Edwards distinctly as
.e person who received the bag. Then
e gold was wrapped in Baltimore
ewsplpcr Of that very date on which the
ia was procured. But he may have got
is paper in New York or Philadelphia,
I'd again he may have got it in Balti.
lorc. II is a very trifing circumstance,
at one which, conloined with others, is
a,i,lcd TO consideration, and the jury may
raw from il whatever they choose.
Judge Kent concluded by cNhorring the
ly il possible, to agree upon some YER
icl, aud not compel the Court and coun-
& to 20 again over this long and tedious
ase. Ii there was a reasonable doubt in
eir mind the prisoner was undoubtedly L
u.,tled to il, but il must be a reasonable
nd homes, Doubt. ID was an extraordina.
: case, one which would live in The annals
crime. let tho verdict be what it may,
% be cxhoricd them 10 deliberate calmly,
.passIonately and coolly and to do their
a'y fearlessly, firmly and irl,ly between
he prisoner, the country aud themselves.
When Judge Ken; had concluded, the
Odence evinced evident marks Of appro-
alton, which were however Immediately
Impressed.