The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-08-10

had seen two of the Treasury notes in his he negro
Wrsn r sco
the market house; but in order to shsw this the test
mony he would have offer would Gas he had before re-
marke the jury) be circumssntal. Mr. r. concluded
by saying that he presumed he did not too far hs
early stage of the trial. In remarkDg that there were
which required explanation He hoped that the defend
ant would be able explain them and II he could
actory do So NO one would feel degree OF ga
this explanation he was placed in situation which 10
qured at his hands The could make that explanation
to the satisfaction OF the jury would be their pleasure
to give him verdict Of acquttal which his counsel
80 confidently anticipated -
MT HosAN with whom Mr.. Brent) opened the case
for the says The report OF ths Globe and we
know we'll the ability OF its reporters 10 doubt their
accuracy bat does nevertheless appear to us novel
to open defence by address to the Court OF
jury before prma ace has been made out or even
single witness examined. Such, however, appears to
be the practice at Washington The prisoners counsel,
in the course of his Speech used the following language
respecting the prisoner and these accusstions = -,
ale has ever stood erect before he world, and with
proud and contempuous defiance demanded his trial. and
the production of all the proofs that can Dc prough' 10
bear against him it, therefore, the learned gentleman
desires justice and for the accused why ha:
he not given him the chance TO obtain that Justice and
that exculpation, by giving him the opportunity on an
early tral7 Why has not the proof been piacsa
you In the presence Of this community THAT toe
might meet the charge as we meet it though
in legal point of view might have set at dehsnce'
shielding ourselves under teehncatiss But wescorh
to do and nothing OF memorable necessity arS
ing out OF the conduct OF the prosecution can compel US
to such Our injured client has been cismorng
Tor been kneeng at this Judgment seat ana
praying iorjustice, and defyiLg examination and happy
shall we be- indeed this trial be permitted to terminate
the whole sar at once, comprehending everything con
nected with the transaction he will then carry the
flag OF his reputation riumphanty through this engage
msntthrough the ordeal Of this and
untarnshed Wehave only one gret-aud that 10, that
these indictments in all their bearings not tence
determine the whole once But our client has
raigned and called to trial the indictment upon which
has besn aragned has been read he has held his
nd tn n CharO eaf ufaucy hal
gentleman has said that the grsnd found the testmo.
ny sufficient Tor conviction but he remember that
what evidence detailed before the grand jury,
venture to surmse that if there had been that evidence
this Now the gentleman has gone int all the
circumstances, in detail. OF the manner In which
these treasury notes have been altered The gentle
man has immensely the advantage of us in this re-
spect. We know nothing.ahout it. We do not know
the in which it was effected Whether his inge'
NOUS theory is correct or not subject upon which we
competent form opioion for do not know
how or by whom it done If the prosecutor knows
now it as done he knows more than know, and he
comes to the trial with an advantage which do not
possess There seemed to me dcord in the gsntlemans
story. The letters in the word cancelled were go
changed to read "Cambelle, Jr." There was some
thing natural enough in this But reilly the statement
becomes udcreus when Is made to appear that the
word change to &C. James Cox" in the one case
the letters fit the word and in the other they do not IT
would be just reasonable to attempt TO make pig OF
If this speech from which we have made this extract
is to be taken q sample of MIR Hobons forensic eo
quence and Of his cool and sagacious judgment we pity
his client His defamation is bombasc, though perhaps
it would BIZ less Objectionable closing appeal to the
jury. The prisoner has however in MIR. Brent COOL
judging and discreet advocate, and therefore his
isteress will be carefully guarded Mr. Hoban through
his address, appealed to the court to give his client
opportunity show his innocence Why, what did the
sit for but to do justice between the people and the
prisoner2
He invoked the court, says the report to afford the
prisoner opportunity at this sitting to establish he
could do his innocence He pointed out in feeling
manner the great burden which now oppressed n. eli
ent He stood before the public charged with crime;
his character held aainted in the public mind for
the want Of fair opportunity to remove that attant He
driven from office in disgrace, and though surround
ed with dependent emy who shared in that dssrsss,
he could employ lsborng under such
oboquy. Hsconcluded by urging full trialIan exam
naton Of all the testimony by asking fearlesy an
| honorable acquittal for his client
Ifwe one oftheprisoners friends, and were pre-
at the trial. should say of Mr. Hoban, as Sir Har
court Coury said OF another legal uminary named Med
| de- 'Will no one take the man awayf"
The first witness called Mr. Berret, who employ
ed in etreasury department. and whose duty TO ,as
charge of the treasury notes which ana
turned to the Department He identified the note ironing
the subject matter of the charge against Dowden (who
employs in the Deparment0 and described the
process by which they cancelled The examination
continued until the adjournment ofthe court