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


had stated il that was not the true amount, why
did he state false amount? Why did he ask the
clerk in the clothing store to show him where 10
| find brokers' office, when he had come from one,
and passed twenty within an hour Why did he
only offer $500, when he had $50 in his pocket,
If he was not afraid that Offering the exact amount
taken from me would expose him to suspicion? Why
deny TO Mr.. smith TO whomhe sold the four hundred
dollars, that he had any gold or silver Why such
haste to change his clothes before he appeared again
among the brokers, if concealment was not his OBJ.
Ject! 1t was not tor the want of money, as he did
not use in the purchase any part of that taken from
me for you will remember that he paid for his
clothes, which cost SIG, half in Alabama money
and half in Municipality, allowing the discount on
BOTH This was one OF the many fortunate circum-
stances which attended the whole transaction for
tunae because it left the $50 in the notes of the
Bank OF oreans untouched, and fortunate because
it proves that he might have purchased his new suit
| before he sold the notes OF the Bank of Orleans
And what could have been my object for wasting
time in the pursuit? the chances of finding person
| whose name or residence did not know, man !
| had never before seen, were ten to against
and fI did find him, my getting back the moeny,
as the result proved was very uncertain; having at
| the time rs the whole city knows full occupation
conducting heavy business, which required con-
slant personal attentlOn-to leave all this and go in
Search and when found. to attend at the Police Of
| fee, and then before the Grand jury and then be-
| fore the petty jury, tor weeks aud months, which
was to have been anticipated, would certainly, in
pecunary point of view, have been far more detri-
mental TO me than the value OF all the money in dis
i
such an array of facts and corroborating circum-
| stances-ever before such perfect harmony No
thing but the result of truth could have produced
| them-human ingenuity Is not equal to the task-it
is impossible, as the work Of man-with God, moth
ing impossible, as is evidenced by the perfection
and splendor of his glorious creation of the world
and all things therein, down to the smallest insect
| which fills the air we inhale; yet while do not
doubt his power, am not believer in Divine inter-
position in the ordinary affairs of men. It would
greatly diminish our responsibility, and do away
with the propos3tion5there is, good and evil, take
| which you will, and abide the consequences. II
there such nterferences, it was not likely to have
been exerted to protect me in sin. No, Gentlemen
OF the Jury, this wonderful harmony of the corrobo-
| rating circumstances, sustaining my oath, which
has burst in from all quarters, is The result of TRUTH
of cause and effect: 1t cannot have been any thing
else. 1t must remlndy you OF your exercises in child
| hood, putting together the mar which had been d.
| vlded into many pieces, to call into activity your
| infant faculties for long time you thought some
pieces had been lost, some pieces added that did
not belong there, you could not make them fit !;
at length they were all made .to ft, at which you
were electrified and instantly cal ed out-they
all here, they are all right, not piece lost So in
thus case, the $5lOwere found, no more, no less of
| the precise denominations described by me, and of
the Bank described-ftting perfectly the pieces
| of the child's map.
1t was malice, says my antagonist, adding, 81 do
believe the defendant intended to steal the poor
| mans money" Malice, indeed could there be
any malice against man had never before seen
Invoking your recollection to what all the wines.
ses have said about my kind disposition and freedom
from malice from my boyhood, will proceed to de-
lneate the wicked character of these proceedings,
emanatlng from the single passion of avarlce, for
| which shall not attempt to hold the plaintiff an
| swerable No one can suppose him capable of
snch proceedings, or that he would have thought of
them had he not been lnstgated thereto by others
| He was In haste to go home, and well he might
| be; he had come away with $40. the savings of
| three years. hard work. two hundred of which, with
trIflng exception, he CANDLES away in the passage
down; one half he loses by the failure of the Bank
Of Orleans; with the change he gets from the gam
blers, be purchases suit of clothes, leaving
him in possession OF three dollar Municipality te
| exclusive of the specie taken from Canal street.
Under such circumstances he could not have thouhgt
| insigated by Others and, Gentlemen of the Jury,
from the facts that have been disclosed am
you had the power you would, byyour verdict, make
| Greer b Duncan dlsgorge his ilgotten gains; but
you have not that power; yet you cannot resist the
conviction that Mr.. Duncan compares most unfavor-
ably with Hosea Barker. Suppose the latter was the
| unoffendlng, hard working, poor and unfortunate
overseer, in strange land oppressed by Jacob Bar
ker, represented by Mr. Duncan, was it kind, was
IT just was 1t liberal TO take from this poor stranger
his all, $3.50, in case where the whole amount in
dispute was only $255, and which was ended in six
or eight days? 1t is the counsel shall hold answer
able tor all that has been done, and all that shall vet
be done in the matter Lucius c Duncan, Esq,
tells you he was not at the criminal trial. and knows
/ nothing about the facts. do not hold him answer
able for the pleadings in this cause-t was Greer B.
Duncan that came here to battle, and am very
sorry he is absent He, however, went away, know
ing if he was here that should hurl at him defiance
| as now do at his brother, and bid him go on and
spare not; exertng all his eoquence and all his in
genuity in this unholy cause, which know he will
do; and although ! accept the gentemans dsclaim-
err OF al! previous knowledge, he now knows all
| which his brother knew, and which, Gentlemen OF
the Jury, you now know; and as he now goes on
unfolding him therein to the utmost of his capacity,
hold him answerable equally with his brother-one
the principal, the other the endorser-and before |
have done with them, | hope, Gentlemen of the
Jury, to convince you that have paid them princi-
pal and interest, for this debt they have imposed
| me, whether pay my other debts or not.
They have chosen this place tor their battle field
| let them not complain at the consequences. 1t is
war OF exermination at this time ofe, three score
| and three, and without professional education
connot compete on equal terms with the grave logic
or eloquence of this master SPIRIT but may teach
him some lessons of decorum in his profession. You
noticed theEconvusive twlch OF his muscles how he
| hoped across the floor before you, when veneer
| able old man on the stand, after telling you he had
known Jacob Barker for fifty years, that his char.
acter Tor truth and veracity was good said, in
| swer 10 the question of this gentleman, "What,
good in New York! Yes, goI din New York-none
better; his word, without his oath, was enough;"
| and so said all the witnesses, with two lrfng ex-
ceptions; the one, Randall CCre Esq in his cross
examination said that he was IN New York in 1926.
during certain trials, IN which Barker interest,"
ed; that there were at that time various opinions
about Nj Barker but as 20 his character for truth
and veraclty, he had never heard any doubt 1t
that he would believe him with without his oath;
| that he had known him long time-ihat his word
| was sufficient for him.
The other, Mr. Muh, gentleman brought here
several times to give testimony against his WILL and
requlredby the Court 10 answer aquestion propound
| ed by me, INDUCED in Notifying expression
which he afterwards explained, by saying he did not
know anything to the prejudice OF MI Barker, that
| the opinion he expressed was founded on report,
that he had not had any dealings with him, and you,
Gentlemen OF the Jury, witnessed the unfortunate
state OF feeling the witness under for the mo-
ment. With these two exceptions, the whole test.
| mony in my favor triumphant, to my hearts
content. From my varied and large operations dur
| ing seven years, 1t was strange that not man
me.
At the cese of the testimony on the part Of the pro-
| secution, Mr.. Duncan offered himself as Witness
Il d. IL Il