The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-02
MR.. JACOB BARKER'S SPEECH,
IN THE CASE OF
BARKER VS.. BARKER,
THE IRISH COURT.

The Speech Of Jacob Barker, before the Parish Court,
in his O'on Defence, against Claim Preferred oy
Hosea Barker, for Ten thousand Dollars DANA
age, for an Auedged Malicious Prosecution Of satd
Hosea for Felony, 9Th FEB. 1s4s.
May it please the Court-Gentlemen of the Jury,
had expected the services of the honorable handai
Hunt the conduct Of this cause but his legislative
duties detain him elsewhere; and being very a1x-
ious to have this affair terminated and brought be-
fore the public, will proceed, painful and mortty
ing as it is to be obliged to talk about ones sell.
Knowing full well the force and application of the
adage, which says, she who attempts, to CONDUCT
his own cause In court has fool for Client" still
hone to convince you before have done with these
men, that this rule like most others Is not without
Trusting to your indulgence, shall assume
that the plaintiff is man OF impulse. II is not
necessary for my purpose to enquire whether or not
he was confirmed thief and gambler, as virtuous
course OF life usually precedes the first offence of all
sinners. Whose character stood better than that of
the numerous officers OF the banks, who are now
subject to the severest imputatlons! Who could
have procured more testimony of their spoess cha.
racter, before the recent criminal disclosures?-and
would such testimony of previous good character
convince you that they have not improperly used the
money of the banks!
The counsel for the plaintiff tells you that he docs
not think intended TO steal the mans money
ony.a malicious prosecution.
pHow could have felt malice towards an entire
stranger in humble life, whom / had never before
seen-whose name did not then know, and whose
position was not such as to excite animoslty, or lead
to fear of rivalry. 1twould have been most ex-
traordinary feeling to have existed towards profit
able customer at his first visit, with whom there had
not been an unpleasant word. 1t would have been
the most unnatural feeling in the world No, Gen
tlemen OF the jury am either fauess or guilty OF
perjury, with the attempt to defraud poor out
of $255-the greatest offences man cannot commit.
There is no middle course-nO mitigating circum-
stances, and you have to decide the sing question
of my guilt or nnocence-it can neither be compro-
missed nor divided
. Mr.. Barker went onto say, in support of Hosea
Barker being man efimpulse, that the testimony
exhibited MIN to have been an overseer of plan
tation on Red River for three years. at salary OF
$500 per annum; that he bore good character with
his employer and his neighbors; that he had saved
money with which he left for New Orleans; that he
took the boat on which he came here at the mouth
Of Red River; that he joined a set OF gamblers on
board of said boat and took his seat at the table inn
mediately after breakfast and gambled all day and
until they reached the neighborhood of the city,
where a settlement teok place among the parties.
that to one of them, the said Hosea paid hundred
dollar note OF the Orleans Bank; and presented ano-
ther, of same denomination, but Of what bank did
not appear, from which several others were paid
small sums which they had won from the said Ho
sea. Now contend that we are bound to consider
from the good character testified to- that it was the
result of impulse, from sudden temptation, that he
went to the gaming table, and that he was not re-
gu!ar gambler.
On landing he found that the Bank of Orleans, in
whose paper his whole funds or nearly so had been
vested, had failed, and the notes only worth fifty
cents on the dollar, and the whole community cry
ing out fraud against the banks and holding the bro
kers answerabe tor the depreciation of the paper of
the banks and the municipalities, accusing them
of robbng the poor and the laboring part of the
munity. Under these impressions he goes to bro
kers office, and says he has notes OF the Bank of
Orleans to the amount OF $50, and sells them at 30
cents on the dollar exhibiting the same consisting
Of fIve No dollar a dueI in
smallar notes Of same bank. He required specie in
payment. and there not being sufficient amount in
that Office proceeded to my own office and sent It
round TO the clerk of my son, in whose Office and
for whose account the bargain was made; the money
was placed the counter, and the clerk called said
Hosea to fulfil his bargain. He said he was to have
had hundred dollars in dimes. ten to the dollar,
when two hundred dollars had been sent in quarters
and the residue in gold. The clerk told Hosea that
he did understand it so, but that if that was the
bargain, he had better 60 and see Mr.. Barker, who
would correct the mistake, offering to send the boy
to show him where MIR. Barker was; he refused to
go, saying the old man, meaning Mr.. Barker, had
got his money, and he supposed he should not see
him again that day. The clerk again urged on him
to 60, telling him 1t was only round the corner, a
few hundred yards off He persisted in his refusal
and took the specie from the counter and went
away with it, without counting, repeating that he
had given the old man the notes of the Bank of Or
leans. The clerk was surprised that he should SO
easily yield the question of dlmes-the difference,
as they were going, worth twenty-five dollars and
take The money without counting; but not sus-
pectng fraud, and confding in the declaration of
said Hosea, that he had delivered the notes to me,
he did not interpose any objection; the whole time
he remained in the office after the specie came was
proved not to have exceeded two minutes a portion
Of which was occupied in discussing the question Of
dimes consequently this was action from the i'm
pulse of the moment, and not a premediated, pre-
concerted fraud. The whole atmosphere being fill
ed with ienunciatiors against the banks and the
brokers, this man, no doubt, from his peculiarly suf.
ferng condition. partook of the same feeling, and
may not have reflected the enormity OF his offence
any more than the mob did, who soon after follow
ed up the attack on the brokers generally.
With the specie the said Hosea proceeded to a
steamboat, where he engaged passage to go up
Red River Was not this another act Of impuse?-
he left the specie with the clerk of the boat and pro-
ceeded to clothing store and procured an entire
suit Of light colOred clothes, including hat leav
ing his old dar& colored suit and asked the clerk
where he could sell some notes of the bank of Or
leans cheapest The clerk told him he was going to
the races. $50 with me to sell the money and l
will go with you to the races" Was not this ano-
Their sudden lmpulse?-to 60 to the races with so
much money, with person he never before saw
the clerk from the clothing store takes him to bro
ker where had lodged notice OF his having wrong
fully taken of FIVE one hundred dollar notes of the
Orleans Bank, and $40 of the notes of small denomi-
nation OF same bank; and he there sold four hun
bred dollars OF said bank-the mans dress being
so totally different from that described an hour
before BY me- the brokers' suspicion was not at first
excited partner coming IN, caused notice to be
given TO me, while said Hosea counting the
specie received for these 500, and which he did not
as before take away without counting. | repaired
Immediately to the brokers' office, and demanded
the notes he insisted that he had lett them with
me the four one hundred dollar notes and the spe-
Gle were left with the broker and the said Hosea
accompanied me to the office of the Recorder,
where made oath of the facts, describing the
notes as well a. the bank which had issued them,
which had been taken away by said Hosea. He
was then taken TO another room apart from me, and
searched by order Of the Recorder, and there were
the denomination OF one hundred dollars, and
small notes OF the same bank TO the amount of ten
cellars, the exact amount including the tour hundred
collars, lett at the brokers' Office, all of the Bank Of
orleans, and OF the precise denominations described
py Mr.. Barker TO the broker before the arrest Of
ed. ~ WIS 'N~
10 get clear he gives to his counsel the whole
amount IN dispute, with the exception of five dol
ars, single Jackson piece NOT enomah 70 n,,, H.