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

gentlemen OF the Jury, this publication is only one
OF series put forth from the arrest Of the plaintiff,
until his acqult.al You who aow know all the facts
on tne case, ana are best calculated TO make an i'm
partial comparison you know how baseless is eve
~ charge there made to the word-how admirably
calculated such publications are, 10 create preju
dice with the reader who never knew the defend
ant. Is II strange that Mr. Muh should, after read
ing such an article, entertain an unfavorable opn
ION OF met But for the proof exhibited this day,
you would not have believed il possible TOR any man
10 write or 10 publish dreadful statement so en-
trely at variance from the facts i have become
accustomed TO such things, and do not allow myself
TO eel angry with The poor printer, who, perhaps hao
not money enough IN the world, when Saturday
night came, 10 pay his composor-hls necessities
and not his will, consented
The editor of that paper could not have had any
bad feelings towards me no editor IN New Or
leans entertain other than kind feelings be cause
Inever injured one in my life, and because have
The kindest feelings towards them all and kind
ness is sure 10 beget kindness As before told
you, there must be some one behind the curtain pull
ing the wires. From their import, you will agree
with me in the opinion that all these proceedings
emaHated from the same source.
owe you, gentlemen, and the world, an apology
Tor my apparent tameness in submitting TO all this
No reply TO the newspaper publication having been
made-no notice OF II taken-no reputation attempt
ed, have reserved myself for this occason-and
mere II indulge In any excuses, hope you will
earlier lite, might have called about hot spirits
repaired to the printing office, demolished the
presses, scattered the types in the street, and given
s".t winds Of AS
know full well that he who wrestes with the prin-
tiers devil is sure TO get black balled.
From the testimony. you cannot doubt but that
the acqulttal was obtained by Henry AndersOn's
swearing before the Criminal Court, that the defen
dant In this cause was of bad character--not to be
believed on oath.
OF Henry Anderson have but little to say; the
witnesses have saved me all necessity for comment
they have told a tale that cannot be forgotten OF
misunderstood. For the single purpose of showing
that the opinions OF these witnesses were not form
paper publications. will proceed TO recapitulate
few OF the most material facts stated, Wis
Randall Curell, Esq: told you that Henry Ander-
sen was OF very bad character In Europe and in
America; that he had been detected in an attempt
to detraud the underwriters in Europe, and that he
lett that country by moonlight without taking leave
OF his creditors; that he would not believe him on
OATH
Mr. Muh, who you recoect gave testimony with
the utmost reluctance, finally said Henry Anderson
was OF very bad character; that he would not be-
ileve him on oath that he had sworn false that he
had defrauded him in the Importation of watches;
that he had produced false letters to prove they were
OF manufacture OF which they were not; and on
oeins asked 1t ne was certain that Henry Anderson
had taken false oath, said, ''if required to take
one hundred oaths that he had sworn false, should
say so In them all"
Mr.. Bragg and Mr.. Bryan both testified to his
having LETT Belfast between two days, unknown to
well as In New Orleans he bore a bad character;
that they would not believe him on oath Mr. Mar.
TIN swore that he was OF bad character; that he had
delrauded him. and that to enable him to do so, a
contract had been altered after il was signed that
ne would not believe him oath-and Mr. Park
who was called by the plaintiffs counsel to impeach
Mr: Martins testimony, intimated that he would
believe MIR. Martini but as TO Anderson, his testmo-
ny on that part not positive as the other wit
nesses; he however gave Henry Anderson bad
characteristic when boy al school in Belfast, re-
turning home one day, he passed a great crowd
which was surrounding Anderson's store on en-
curing the cause, was informed that the Andersons
had gone off, and the sheriff had possession Of their
store that since his residence here, from the nfor-
said Henry Anderson, and that his character here
was bad-that he would take advantage of every
man with whom he dealt; thus spoke the witness Of
the PlalntH. Here you have perjury, forgery and
iraud sworn 10 by many very respectable witnesses
IN addition TO dreadful character in other respe cts
Is such a witness to be tolerated.
The attempt to mpeach Mr.. Martins testimony
utterly failed the words said to have been added
TO the contract were written in different hand al
though they may have been the same and from the ma
ture OF the business, the whole probably written
IN Anderson,s store-by whom does not appear; and
would not be too much TO presume without testimo-
ny tnat they were written by the witness, when he
had denied the charge under OATH and when there is
such facility IN countereItng to defy detectionl
have allowed check to be charged which had
beea paid at bank, which never drew. because |
could not swear did not make the signature; and
In England we told there have been lately for
ceres OF exchequer bills or public stocks to large
amosnt, and The minister whose duty il was to sign
genuine certificates could not swear that they did
not bear his signature, although he could not tell
how 1t became attached TO the bills. Again, during
the existence Of the Berlin and Milan DEGREES an
ONCE was kept In London where for five or ten
guineas, passed In through window, British ships
were furnished with a complete Set of American
papers, which would procure them admittance into
France, Russia, and the Hanse towns, defyine all
scrutiny OF the American consul as well as the an
thorlties OF the place.
Gentlemen Of the Jury, you have heard what
stress the counsel for the plaintiff lays On what said
IN my answer to his pleadings, viz: "I did no more
than my duty as good cltlzen-stafed fact within
my own knowledge"
l do not know whether or not swore to that an
sweI, ana Will not detain you 10 look at the paper
but beg of you to consider il as having been sworn
To- perceive he intends to cavil about the words |
my own knowledge" because was not present |
when Hosea took away the money. Now, put it
10 you to say whether or not in addition to all the
other facts which have been clearly established his
insisting when arrested HIM with the notes of the
Bank OF Orleans 10 his possession, that he had left
them with me, did not bring the offence within nav
own knowledge. | intended to have said much |
more, but 1t is late; you must be fatgued and your
recollection OF the testimony vivid that il is not
necessary tor me to read it, to make further re-
mark.
had expected the services OF the Hon. Randall |
Hunt In conducting the cause. His legislative du- |
ties would not allow him to attend sooner yet did
not shrink from the contest He is now here-he |
will read to you the testimony of Curtiss Bolton and
Sllas Wood, Esqs., two of tho most eminent mer- |
chants OF New York, who, in addition to the many
other witnesses to whose testimony you have lis |
lened also testify to my good character, and make
such remarks on the law applicable TO nv case as |
the cause may require. / therefore, after thanking
you and the Court for the patience with which YOU |
have listened TO this extraordinary affair." leave il 10
this distinguished Advocate to close in nv behalf.
Mr.. Hunt then made short, forcibie and elo-
quent appeal to the jury.
Mr. Duncan, in Jealous appeal in favor of hi
enent recapfuated such parts Of the testimony Is
ne thought most hkeyto secure decision in fav DR.
OF The plaintiff, when the presiding Judge, the Ho m
Charles Maurlan, expounded the law to the ju ry
ana lett them TO pass on the evidence. The jury re.
tereo and after short absence. returned a verdict
Tor the defendant, with costs
New ORIEANs RAcEs.-The races al NJ