The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-02


on the criminal trial as it has been here, that the
Cashier of the establishment in Canals street, well
as the Cashier OF the Office in Common street, kept
arecord oil the different des crpons OF the uncurrent
money bought and sold and settled their cash every
night and that they neither had, from the day pre-
vous 10 the day after, sold dollar of the notes of
the Bank OF Orleans that at the Canal street office,
not single note OF that bank of the demonI nation
OF 500 had been purchased, and that all the pur
chases during the time, in the aggregate, did not
amount to more than one halt the sum in question:;
which fOrbids the idea that in the confusion arising
from great press OF business, the notes had been
placed in the drawer the Office and forgotten by
me.
With this exception, SAID Mr. Barker, all the facts
now known TO you were known TO the plaintiffs
counsel when he trimmed his midnight lamp, dipped
bis pen In gall, and indlted the calumnies which he
afterwards on my falling contribute to his nord-
nate appetite fer gold, places file in this Court,
where they must remain in perpetulty, to the preju.
dice of myself and my family, as long as ink and
paper endure.
What can you think, gentlemen. of member of
this honorable profession, who will proceed thus
of friendship, and daily intercourse-pref referring
charges, which, if true, would forever blight his
fair name In the evening of his life, and render
ry member of his large family miserable-a family
who are GREATNESS with sollcltude whenever the
slightest whisper Of suspicion is uttered against any
one OF them.
Gentlemen of the Jury, you must, on hearing the
proofs have involunary exclaimed, in your hearts,
yet live?'
Now, Gentlemen Of the Jury, have not any thing
to say about the private character or general prac-
tice of the Duncans, or either of them. have not,
shall not attempt to enquire In the other Courts,
or elsewhere, whether any attempt has been made
to impeach them. In this particular will requite
their evil with good, while | shall handle them
with the utmost severity for what appertans to this
suit.
The angry passions of men have been excited by
the cry of Abolition principles My most praise
worthy acts have been tortured into misdeeds be-
fore the Court where Hosea Barker was crmnally
tried and before the public through the press have
therefore right to apprehend repetition Of this
dshonorable course when too late to reply: Mr..
Duncan has the closing argument, he has the last
word when am bound to submit in silence Gen
tlemen of the Jury, beseech you to watch this
man closely, and to follow him through all his wind
ngs and fallacies You have seen how unscrupu.
lousy he substituted fiction for fact, how solemny
he averred that the plaintiff was not arrested till the
following day after his visit to the Canal street Of
fce and that he waited half hour in that Office at
ter the money was brought round from Common
street; when the prooi was most positive that ne
was arrested in about an hour from his first inter
view with the defendant, and that he went off with
the specie without counting it in two minutes less
after il was brought into the Canal street ofice-this
any statement he may make. You will recolect
that in the pleadiDgs, am held answerable for the
treatment of the prisoner during his detention. Ia
not this monstrous? Iamnot your law maker, nor
ner, am ready to believe from my own observation
in other cases. On one occasion | was employed
professionally to irterpose for the release of six
who had been long confined, and made to work on
your highway In chains, and this too without a
hearing, and in direct violation of the Constitution,
which declares in effect that man shall be pun
ished without trial py his peers. Five of those
men were by the Recorder from their compile xion,
pronounced free without any other evldence-an
impershable certificate, which should have proec-
ted them from arrest, and if crested in the night,
should have liberated them at the first dawn of
day
Notwithstanding the wrong which had been done
them, their detention continued for the pay
ment of their Jail fees and board, which they were
totally unable to pay; had some of them brought
before his Honor Judge Watts who alter full ar
gument, decreed their release without any such
payment, the detention having been unlawfu-and
this praseworhy act has beenlmade fruItfn source
by the press, and in the cause before the Criminal
Court, of abuse of Jacob Barker, when it should
have commended him to the wise and the good
So far from being favorably disposed towards Abo-
htjonists | would hang them quick any man in
Louisiana, if they came here to interfere with our
institutions Your Grand Jurors have often enqured
into the treatment OF prisoners, your newspapers
have termed with reports Of their improper treat
ment, which no man deplcres more than do, and no
man would go further to correct those abuses; and
yet the eadngs in this say, that Hosea Bar
ker was marched through the street twice, hand
cufed, and that Jacob Barker ought to be made to
pay therefor. Monstrous never knew that such
cause. They say also, that | caused the Attorney
General to file the information TO put him on his
trial; in which there is not one word OF truth fur
ther than that such measures were the legal result
oftmy .having made the complaint on which he
was arrested. Not content with this intendment of
law, am charged especially with these acts, and
thew said to have been done for wicked and
malicious purpose. 1t was my duty to make the
complaint, as IT ID that OF every good citizen, when
he is knowing to any offence having been commit
ted against the laws You, Gentlemen of the Jury,
all equally liable to this misfortune, il either OF
you shouldbe robbed, and complain, and the robber
should by technically, for the want of sufficient
proof, happen to escape conviction, which often
happens from the sacred principle which declares it
better for one hundred guilty to escape than for
innocent man to be punshed-as well as from mis-
taken lenity. Once establish the doctrine that a
simple acquta furnishes the foundation for civil
suit and heavy damages, and society would be
hinged; there would be no security tor life, liberty,
property. Observe in this there has not been
title of proof in support OF the prosecution beyond
the mere fact of the acqutta Had any Thug
to do withthe trial than tot ttend witness,
in obedience TO the mandate Of the Court! Ipever
did, 10 my recollection, speak to the Attorney Gen.
eral on the SUBJECT did not give any fee 10 the
District Attorney; did not employ Counsel TO assist
in the prosecution, gave my testimony, and left
the Court before the trial over. Affidavits had
been taken under commission TO which was not
party; Ihad no opportunity OF cross questonnglthe
witnesses corrupt witness was called on the
stand who swore that my character was bad, and
I1dt L w not 10 De DeltVeu on Ohtn IL was sta-
ted that for the purpose OF ealing my property,
my purchases of real estate not made in my
own name, and that II was withheld from the firm Of
Horace Bean ~ Co. for the same unworthy purpose.
You have heard what the witness said on these
subjects was not party to these proceedings,
and if am to be held answerabe tor the result
] certainly should have had an opportunity to
contest the matter from beginning to end. Again
the testimony did not sustain the pleadings.-
The plaintiff was charged with elenlously ia
king away the money Of Jacob Barker. My
testimony, and that of all Others went TO prove that
II was the money OF my son which he took away
For this variation, although purely technical, he
was entitled to his acquittal. Surely this was not
my fault. The affidavit made before the Recorder
on which he was confined, expressly stated it was
from the office OF my son that the money was taken
Whether his counsel perceived or urged this ebec.
ton or not, is totally immnteral it is enough to
show how unsafe it would be to consider any ac-
qutal justiiable cause of prosecution If it was