The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-10

the City Magistrate as TO bring The orm of ;st;c W
scrunze notes which he had received in his official ca
pacity and though admit that necessary to make
such prima ace case that they should 60 TO Recorder
Vaux did not think he would be brought to swear with
! now come to the purely crcumstantial evidence
the FIRST grand item Of which is the finding
him IN possession of large of money. Not
gentlemen the finding Of the papers necessary to the per-
petaton OF this faudnot the produce this fraudbu
simply the finding of $4,000 The next item is that
portion OF this money which is in gold had found in
an old shot bag which has been passed through
brokers' office in Baltimore, and which had passed
through that brokers' office some time within eighteen
months Where Mr.. Edwards got it, ii has not been at
tempted to be shown, and is il not likely that in the
receipt of sum of $4,000 in various funds that such
then state of money affairs in Philadelphia. We now
come to that portion of the prosecutors case which
have termed the key stone of the arch the of
bance Of the prisoner to Mr. Caldwell this would
represent his personal identity with Mr. Caldwell. Now
taught you, how deceptive personal appearance
always Is. We all some time or other, pass
acquaintance without recognising them and FREQUENT
ly speak to others and are spoken to ourselves under
false impression Of its being another person. All these
pertes say that they had never Caldwell previously
and had therefore no standard whereby compare him.
and out OF nine witnesses examined to his identity at
Philadelphia but one has been produced here Mr. ings
then But you have nine persons brought forward
who remember better at eight months distance than at
one Mr. Evars here referred to the Remonds and
the Celebrated bgamy and also the of
Mr.. Pomcroy who was sworn to by brokers' boy who
was proved to be mistaken Now gentlemen what pos.
sibe defence prisoner make any case It is suf
cen fthc prosecution don't prove their case but that
might leave stigma the prisoner. He prove by
witnesses that he did not do it, for although dozen might
swear he did not II one swore he did, il would outweigh
them We must restrict the prosecution first by explaining
what is charged against him the results of these crimes
and showing that he derived them from other
by explaining the circumstances brought TO bear against
him, and showing different meaning to those circum
stances and also by showing that it was impossible for
him to have done it. The different branches of the de-
fence first explain the result of the crimes sought
to be traced to us by showing how he by it, and
cond explain the brought to convict him
Of this crime and giving them explanation compatible
with his entire innoc and third by showing that he
could not do at the times and places charged because
on those days and ut that time he the place
where was done and therefore could do it. Gentle
men ofthe jury in reviewing the events which happened
dence Of where he was when charged with doing certain
acts 1t is easy thing for satisfy himself where
fixed who has his counting house and who is in the habit
OF having permanent records to which he recur and
say was not in New Orleans such day, but in New
York for did so such day. How difficult then for
one profcssedly without occupation, and not resident
but stranger and traveller to fix time when he was
at particular place. Again, if he can do So
how is he to obtain persons who will swear to his
being there. If is difficult to know himself how much
more to find person so confident as to TO it, 1t is
undoubtedly most difficult thing, and to man
under these circumstances and TO call him for this
proof say is most cruel exertion Of power Now the
letter may have been put into the postoce New Or.
leans the 10th August IT, then show the prisoner to
have been in some other place. he could have in
the post'ohce On the Goth August cttsr written
and put in the postoce at Alexandria, bearing the post.
office mark of that place, and put in the post
office there on that day. II show the prisoner
there it could not be him. On the 30th August an an
to the dated a5th was received at Alexandria
and taken out OF the postoce and the contents Of that
letter have been sworn by Brown, Brothers Co., 10 be
the IL drafts with which Edwayds is charged with obtain.
ng these contents taken out and scattered all
Virginia on the 3lst August. Now if prove that
somewhere else he did not take it out, and can
YOU gentlemen OF the jury get on with this if he did
not receive that letter Just show that the
prisoner could not have been the person who recev
that letter and its contents bring evidence to show
that Jno p Caldwell and the prisoner, different
On the Sls August those drafts negotiated in Balt
more. IL we show the prisoneri elsewhere we more
concsivey show he was not circulating the drafts
somebody else was The prosecution can't then go back
and say it that day. for they have positively
sworn TO that Then to the money, the funds as
to ,hs bag and as to the type Whe. Monroe Edwards
concluded with Texas y France and that accorded to
the French West India Colonies the same privileges in
tons. By aprevous law the admission of slaves into
Texas had been forbidden except from the United
10 learn definitely whether slaves could be imported from
the French colonies under this treaty Col Edwards who
owned lands in Texas in conjunction with gentleman
named Johnson, owning slaves in Martinique took the
tnguished French advocate Mr.. Berger That opinion
unless Recorder yaux, in his thoughfuness forget
every thing important the defence Of the prisoner
should have forgotten to bring il will be read to YOU
This opinion translated into English, and has the
seal Of the Consul attached Mr. Edwards then to
and articles Of agreement signed and they
be the FIRST men who should import slaves worth $500 in
Martinique to Texas where they worth $500 This
requiring ready money which furnished by part
ner-land was furnished by the other and the counsel
the other side have stated that the prisoner of
the business qualities required to conduct such bust
ness The management was entrusted to the prisoner
and funds furnished by Mr.. Johnion, and both Of
them furnished land The money was furnished and
arrangements made and Edwards in possession the
funds under the stipulation of secresy for anage
would be those who were first and il was only the over
ho told 81
session OF the money If unaccounted for would be
cumstance that would prejudice the jury and that
to do Does then the possession types prove him to
have committed forgery? Docs the possession of stamp
ing apparatus prove him to be forgcr Every man has
right to possess stamping apparatus, if he thinks
proper, they are not isolated things made for the
use Of one person only and sold to him only Now here
forged Ifthat letter had beea put in the New Orleans
Post office would have received the genuine post mark
70 .hs Gsd one which might sssaes have
would have received the Post Office mark there,
AM il i was put in at New York it would
too that out Of the types which form Monroe Edwards
and of which types he had duplicates you by
aS s %'sy ss'ssi'G% with win
wnss We ss O. Se sGTd pei the e
e KEW A%sns Them B. ss 'ssshT. q lie
rssed One Of them wa; he books and
couh's ehouica And the other
s"s% 'syI Afs. s"S se'; sgr
without husband and without would subject
daughter 20 Tia ,baidy the and Of the newpapcrs
u this trial had been in lhsdepha these females vould
been on he snd because the process law would reach h
city be e1gosed the If the gaze Of this
Court IL s The tpronsr and no. the Who suffer
BY this for II there thing that makes
than smother Il is tc,umony from The lips Of honorable snd
intelligent female. Gentlemen Of The yor
srrct with cone because know that The jurors Of the
State Of New York impartial and and ash
weigh and consider that evidence and accord
rsy, for from ye rc ither Monroe Edward, the
people of the State OF New York appeal.
Sore EXPIRE s,ions Of appreciation were then made by stamp
when Judge Kent said that f
disarrcbaon made again. he should have the parties
arrested and committed
Defence.
Mr. EMMETT stated that they had sont for witnesses
from Philadelphia who very important; they would
not be here till tomorrow mornings they begged after
they had got through with their case, the favor OF little
time to be allowed make those witnesses In the
mean time they were ready to go with their case.
Judge kgsr-Certainy.
rrosrc ution here put in letter from Maunsc White &
~ 70 nrown Brothers Co.. dated Sept. s, lsiI which