The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-02
Price TWO Cents.
counsel would here attempt to make capital there.


all. found 1t expedlent 10 read sufficient law 10
be admitted TO practice in all your courts, for which
admission feel very grateful to the Judges Of the
Supreme Court, and to all the Judges tor The kind
ness received at their hands do not follow the
practice OF the law a profession. Circumstances
have compelled me TO pursue more humble occu-
patton am not candidate Tor fees, although |
sometimes accept fee /; but generally when do
appear, il is a in which am, some particu-
lar Trend is Interested or where the party Is unable
10 pay counsel. In such cases. do not allow my
sell to refuse, when applied by free men, sthOugh
the applicants blood should be Of mixed character.
| Oh 'hs subject my sentiments are 100 well known
and 100 highly appreciated by the New Orleans COM
mnhliy, tor wicked and designing men, by their
misrepresentation, longer to be able TO turn them
10 my PREJUDICE Although ,my pamy days have
passed away, prize more highly the proud dis
| tinction OF having right TO appear as an Adyo-
cate In all The Courts OF Louisiana than any position
| ever before occupied. -
Gentlemen of the Jury, you are now called on 10
believe that an individual, in the autumn of his life
who has occupied all those positions, with large
family, and under the most lasting obligations TO u
generous public would, without motive, have been
| gully of crimes that would have rendered him in
famous in the highest degree Tor by their commits
| sion he would have violated his most imperative
duty to his God well az TO his fellow The
workings of the human heart beng inscrulble, it
becomes your duty to consider probabilities. The
counsel Tor the plaintiff takes exception my hav-
| ing propounded to the witnesses he had examined
under commission, the question whether or not
the plaintiff was gambler, and wishes you TO infer
malice herefrom. The proof, asi most fortunately
came out, exonerates me from that charge ), and
then he insists further evidence OF malice, that
outraged the feelings of the Canal street clerk when
| discovered he had allowed the specie to be taken
away without retaining the notes
You have heard what Mr.. Waterman told you,
when under oath, on that subject. Comment from
me Is unnecessaTy-you must approve OF all | sad
on that occasion and further, you cannot but sup
pose then considered the bank notes have been
improperly taken away by the plaintiff.
The counsel have read to you!testimony from Red
River, telling you that said Hosea left there 60
Canx ,-LL
quently entrusted him with money-and that in 1880
he had draft on New Orleans for nine hundred
dollars but they have failed. utterly failed to
ablish that he had in his possession at any time
within two years, single dollar beyond the &7lo
have accounted Tor.
The witness who him at the gaming table,
stated that when he pulled out his money to pay the
amount lost he said YOU have not got all have
plenty more have 1920" This declaration of
the plaintiff cannot in any case be considered testi-
mony in his favor /; and much less 80 when made
while smartng under heavy losses, and pronounced
III that exulting manner to fellow gamblers
Why this testimony about visiting his mother has
been introduced, 1t not TO excite your sympathy,
| do not know !; that occurrence was in January,
and the one under consideration took place at the
| end Of March and am still more puzzled to know
what is meant BY offering as testimony, that The
| man must have mistaken the date-he had better
examine the documents; the interest OF his client
requires 10 have the mistake corrected. there has
| been one made-my capacity is not equal to disco
yer what was intended by offering that prooi-t de-
fes my powers Of perception perhaps the ingenious
| mind OF the opposing counsel will be enabled to
surprise us all by exhibiting its entire applicable
These men know that am in the daily practice
OF handling very large sums OF money-they have
tasted OF 1t, and this has sharpened their appefites
| for more I; you TO what lengths they 20 TO obtain
! that on which their hearts are bent Gold the
| idol OF their worship-lhey know other god
What you have here witnessed has not been dicta-
ted by malice enmty towards me, nor BY the
angry passions; but by that all absorbing passion.
| avarlce.
Gentlemen of the Jury, you all remember the at.
| tack which made, soon after Hosea's exploit,
on most OF the Offices OF the money brokers, incud-
ing the one in Canal street, from which he took the
money. happened at the time, to be standing the
South East corner of Canal and saw several hum
dred men come out of Charities street, on the run,
at noon day. cross Canal street and make the assault
on the office of Messrs. Valentine & Williams. I
saw their leader put his foot through the first pane
OF glass that was broken. Isaw the mob thereupon
seize and pocket the gold and silver we'll as the
the whole town knew of these things. there were
hundreds OF witnesses, yet no,onc OF the offenders
has, to my knowledge, been punished. II had
gone forward and made complaint, it would have
furnished these Duncans with another opportunity
| to harass me in the law. Most of the men compcs.
| Ing the mob had not any idea that they COM
uniting felony they were led into excuses by the
paper publications; by the nslnuations and inuen-
does of evil disposed persons.
| Prejudice has always been the curee of the land.
and by the last New York Herald received, notice
an account OF the town council OF Liverpool having,
by large majority, denied the right Of public edu-
| cation in worldly matters, to unofendng children
OF Catholic parenage born as pure and spotless a.
| the mountain snow. am not believer in origl-
| nal sin. The unfortunate Jews have been persecut-
ed all over the world. The first colonists of these
u States, the Puritans, fled from religious persecu-
ton to the wds OF America, encOuntering the sa-
wage and enduring hardshps and rrivations Of every
| KIND They in turn became prosecutors themselves,
hanging the Quakers tor witches. The Catholics
| and the Protestants, they found themselves in
the ascendant, prosecuted each other. All this is
| wrong-the unfortunate effect of intolerance and
| prejudice. | consider all true religion to be a
public in every mans bosom--a secret converse
| with his Creator do not interfere with any ones
religion, nor allow any one to interfere with mine.
| leave all men TO go TO heaven IN their own way
Gentlemen of the Jury, you have seen all the facts
clearly established. II you will compare them with
the report OF the trial published in morning paper
two days after Mr.. Greer b. Duncan wrote his cee-
brated letter, naming $4,000 as hush money, the
one dated on the Sh the other on the 10th OF April,
you will not have any difficulty in knowing how
MIR. Muh became preiudced against the defendant,
| TO whom, he told you, he was an entire stranger
The petition IN this cause was filed on the 81 April
Here, the article in questions was read by the
| Clerk, at the request OF Mr.. Barker, viz;
TRIAL or HOSEA BARKER.
The Criminal Court thron grd on Saturday by per
witness the trial Of Hosea Barker charged
| by Jacob Barker with defraudng him Of $3.50 From
the peculiar circumstances Of the considerable in
teres felt for the issue. and it is with feelings gra
cence over viiianyof honesty over the hesh mschi.
nations of veteran in inqny, whose heart is az black
the colored gentleman" fer whom he expresses 20
| much regard. .
Honest Jacobs testimony was positive He swore that
he counted tn. prisoners money and agreed TO buy at
per cent discount which assented to by his
sake Not having the speer on hand Jacob went to his
Office in Common street taking with him gro boy
carry the funds Mr. H. Barker remained in his sons Of
fee In few moments the negro boy returned with the
| silver, which was paid Mr.. b by Mr. Waterman. He
made some objections to the kind Of money he received
which, he said different frop, that stipulated or-Ja
cob agreeing to pay him 800 in dimes-ten the dollar.
AS we stated on former occasion the character OF the
accused was proven to be ixeproachabls by gentlemen
OF the highest Pectsbility whose dispositions
Ken before Judge Jackson The evidence for The defence
also went to show that the accused had about $1,000 in