The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-02
NEW YORK SUNDAY MORNING. APRIL 2, S43.

ecTten
from responsibility by the false notion of profession
al duty, because they have license 10 plead in
Court; too many OF them, am sorry to say forget
u OF he dignity which belongs to their profession
the most lofty and honorable In the world-are in
the habit OF sandering sultors and witnesses ndis-
crmnately, and thereby In most cases, sacrifice the
interests OF their clients II is time such practices
were restrained, and the gentlemen taught to sus
tain their own clan by more decent and dignihed
course of conduct, and so far as am concerned,
will teach the counsel tor the plaintiff, that his Ii
cense to practise law, furnishes no authority tor him
to Islander me. In doing this hope am not COM
hitting the same fault myself; this depends on how
far the testimony susains the charges make against
them, il being the ndisputabe right as well as the
mperious duty OF counsel to present all the evidence
to the Jury in the strongest possible light.
To refute the fdlsehoods which have been proved
to have been brought before the Criminal Court,
evidence has been adduced to you from the public
records that my purchases of real estate were made
in my own name-my bank books with three banks
were produced, and prove that did business in my
own name, and Mr.. Bean told you that the only
son my name did not appear in the firm OF Horace,
Bean " Co., was that was not partner unit.
raj months after the establishment of that firm, and
thst have been an open, avowed and active part
ner ever since; aud, what's more, he told you that
had not furnished any capital, and that had applied
the support of my family. Mr.. Hennn and Mr..
Wood told you OF large sums they had received
from me for old debts. Had there been more they
would have been applied to the same. purpose,
things NY way OF an appeal to your sympathles, IN
which he is totally mistaken. He cannot compre-
bend an honorable impulse. ] state.it for very
different purpose Notifying as the disclosure is,
prefer for you to know ALL rather than submit to The
slightest imputation. Nothing can be so valuable
to man of correct feeling and true dignity good
reputation and shall defend mine to the utmost OF
my capacity land preserve it as moredear to me than
the apple of my eye. Although poor, according to
the proofs and the facts, am in possession OF health
and sufficient capacity and knowledge of the bust
ness in which am embarked. which, although
greatly diminished by the times, is yet large and
profitable, and l am perfectly willing to labor on,
and to apply the fruits to the payment Of the plain
tiff you should be of the opinion that have done
him any injury.
In combating prejadices at the North. offered to
expose my life in single combat, and suffered the pc.
naties OF the law therefor.
came here poor in 1884, amidst cholera and yell
low fever, and have not been North since 1886. |
passed through the yellow fever in 1887, and have
ever devoted myself studiousy to bu mess and vet
expect the Government 10 relieve me from want, by
fulfilling the contract which has been introduced in
evidence in this cause.
The counsel puts most unfavOrable construction
on my every act, and In reference to the proof Of
fered in relation to my family, age, past position,
and occupation, says 1t is TO excite your sympathy.
and every one taken oath to render verdict
cOrdlng to the law and evIdence-this oath de.
mand of you to redeem, and know you will re-
deem 1t without fear or faver, or the hope of any
suredly flow from the reflection Of having done
right having done your duty. My object in pre- :
ducng all such proof as well as OF the integrity OF
my past life, twofold; first, to repel false and
| ungenerous accusations, as well as dark and mys.
FERROUS surmses, and then to exhibit to your view
the immense stake had in the matter, asking OF
| you TO consider whether or not any man could be
| so lost 10 every consideration which dignfes hu.
mainly az to throw the whols away for so con-
temptlble an object as that ofhe chance of defraud
| ing poor man out of only 1926, which chance was
SO very uncertain; and at all events the money was
not to be acquired without great trouble and loss OF
| time.
This would be zeal in favor of old creditors Of
no ordinary character; the amount OF debts would
remain the same; the moral obligation to the plain
tiff, for the new debt that would be thus created,
would be equal TO that to be extinguished by the
money thus acquired.
1t has been proven to you that conducted large
commercial business in New York for many years
was the owner of twenty thirty SHIPS which re-
turned almost weekly to the United States richly
laden with foreign cOmmodiies-ther swelling can
vass whened everv sea, and the sar-spangled ban.
ner ofmy country floated from their mast heads in
One of the witnesses, Robert Waterman, told you
that he had, thirty-seven years SINCE master OF
one of my ships, unfurled my private signal, the
three -coored bunting, before the Crescent City.
1t has also been proven that the Government of
the United States their utmost need, furnish
| ed through my instrumentality, with many millions
OF dollars, to carry on the glorious war of 1872,
ed, drew tight their purse strings and the leaders of
the Federal party declared on the floor of Congress
that the Government could not borrow in all Ame-
RIGA single mlllionS
At thistime President Madison received from Mr.
Galatin, at Client, one of the American Commits
soners treating for peace, information that the Br-
fish Ministry bad learned from their friends in Anne
RIGA that the Government could not raise money to
open another campaign, entreatiug them TO defer
all negotiations until the fate OF the loan tab en- by
Mr. Barker was known. Mr.. ,Gallatin sureraddng,
that it the loan should fail there would not be any
chance OF peace. This officially made known
to me to induce me to make the contract, although
had repaired to Washington to supply only very
small portion thereof AT this time there was not
any money in the Treasury TO pay the enstlng boun-
ty to the soldiers necessary for army, much less 10
move and sustain them when enlisted.
The money that sustained the memorable defence
OF this city, wasfurnlshed by MIR. Barker; and it is
IN proof that two years after this he was employed
by theGovernment in large financial operaton-he
was elected Senatorof the Empire State and as such
Senator member of the Court Of Errors, where a
great Commercial question was settled the celebra-
ted Chancellor Kent delivering opinion on one
side, and the defendant on the other-the only two
opinions devered;- land that OF the defendant was
sustained by majority Of the members of the Court
and II has become the law of the land and has bee
respected by all the Courts of France and England las
well az those of the United States, ever since.
The defendant was also extensively engaged in
the Banking business in New York, which he con-
Quoted with great usefulness TO the community, un.
ny Tue HOSTILITY OF the Incorporated
Banks which he resisted for long time. He was
harrassed through all the Courts with litigation as
has been proven to you from the books read, and by
legislative proceedings, session after session, until
he had hnalIy to yield to power too mighty for one
man to resist; and in turn these monied
have had 10 yield TO the pressure of public opinion
which bids fair to root the all out, and the down.
fall is much 10 be ascribed to legislative action
publications, stockholders meetings and inudicious
interference, as 10 the mismanagement and frauds
OF the managers; and those institutions, as mine
was, are considered free plunder-the debtors in
far as possible, which is peculiarly the case with
the United States Bank, which would certainly
have been able to have paid its debts but for
the famous stockholders meeting, and the exciting
publications and occurrences which followed In ra-
pid succession. These were prejudcial to the
best interests of the Bank was the mismanage-
ment of Mr.. Biddle and his successors. Banks are