The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-15
General Sessions.
Stss1Ohs.
Before Recorder Talmadge and Aldermen Dunnng aud


JAMEs II. WHITING, Esq. District Attorney.
THURSDAY, Sept. N-T,f0i Of jacob Shpman-The
using $4,000 in gold entrusted to him by the Union
Bank of this city, to deliver to the United States mint at
Philadelphia continued this morning. The evidence
was published in the Herald oil esterday.
DAVID GRAHAM, Esq summed up for the accused in an
argument evincng the legal knowledge and eoquence
which has elevated him to the highest rank in his profess
sion a criminal lawyer.
The Dsrmcr ArIoRSrY followed with an able and for
chile reply in which he reviewed the arguments OF The
counsel OF accused with his accustomed zeal ond abi'
ty.
The RECORDER eeded then charge the Jury, in
which he reviewed the law bearing upon the several
points in the presented by the counsel He stated
that the decisions relative to the legal definition Of the
applicability OF the terms cleIk servant" very
contradictory, and cited instances from oe
Se' in which was held that keeper of firm who
belonging to him Individually as legally responsible
il acting for the firm. That travelling agent to re.
law. Concluding, he charged that shpman in the tran
action, acting in the character clerk or sery ant
be fully and clearly proved and also only
appropriated to the OF the person charged with the oil
fence but the elonious intent must be shown the time
ofaking. He then reviewed the testimony showing that
the evidence Of appropriation from the
the accused alone and charged that the reception
strong evidence cithe maappropr sustained by
confirming testimony The declarations Of accused he
said, to be received evidence by the Jury 1.-THE
Jury from the testimony satisfied of the nppropia-
ton the question that followed was it his intention
nal the money at the time he received it,
If not there was no Jurisdiction this the
fence intent must be apparent to the Jury before
he left the The Recorder then alluded to the evil
dence given the ual by several Witnesses who
trusted accused with large OF moneyto deliver in
Philadelphia the day that he charged with a
propriang the use Of the money Of the Union Bank,
il had been his intention have acted dishonesty when
he received the money he would probably have applied
the whole ofthe funds to his He lss commented
on the previous good of accused argument
which the Jury might draw inference that the in
arrival in phadelphis On concluding he commented
with much force upon the violation OF Faith OF public
agents in the disposition OF money to care
and with energy upon the character Of tho offence
alleged against accused in general and moral point OF
view .
The accused took exceptions to that part of
the charge dcemng Shpman the clerk servant Of
the bank, " at the time the offence was committed which
exception was noted by the court
The Jury retired about quarter after four O'CLOCK and
after few minutes the Court sent officer to inform
them that they were about to take a
The officer returned as answer that the jury had
not agreed
The Court then took until o'clock.
EVENING SESSION.
At O'clock the Court assembled and at quarter after
the Court requested officer to ascertain they had
agreed, and if not for them to come into Court The
jury in, and being seated the following conference
enrued -
CLrnk- Gentlemen of the jury, have you agreed upon
your verdict 2
FOREMAN TowNsENp.-No.
REoohDER.-Isthe disagreement arising from any mis-
points Of law in the case If So the Court may be
FoRrMAN-There are some points Of doubt among us,
which have suggested to the jury 1t would be adv
sable to obtain the opinion of the Court.
very 'as you of agree
to the community we'll accused, and mutual
concession of opinion should be adopted where does
not conflict with conscientious scrupes Il there any
disagreement relative TO the 0cts on the law in the
FoREMAN-I think if the jury will retire and conclude
upon set Of questions to the Court may be able to
come conclusion afterwards or If they will de-
pute me to make the enquiry, perhaps we can agree.
disagreement anu had better ask the question at
FoREMAN-There is a question as regards the law in
accusedwhether il receive part OF his confession
We are bound to take the whole.
REcoRpER-The law is definite on that point-if you
take any part of the confession, you must adopt the
whole.
ANOTHER JuRoa-I would like to inquire as to the ju
risdiction OF this Court in the case.
REcoRpER-As we have charged before, the Court
thinks that the jury must be satisfied Of the intent on the
mart Of the accused to sbezzle the while in this
state or else it is not within jurisdiction. If the in
engendered before he arrived IN Phlladel
he can only be punished there ST the 0 pnme
was heard inside of their door, and the officer in
| formed tho Court that the jury had agreed.
The audience silent as the grave, and
cast eyes about the countenance of shpman well
his counsel assumed cheerful as though they
anticipated favorable result The District Attorney
not present.
The Jury being seated, all eyes directed towards
them and perfect silence prevailed without the aid Of
High Constanstabe Haysto cry "order."
The Characterization Of the Jury, have you agreed
| FoarM.N-We ave agreed that the offence Of which
accused charged was not committed within the jul
CIrRI.-Gentlemen of the Jury, do you find the &C.
cused not guilty, and do you SO all agree1
persons wish their verdict rendered.
THE CouRr-The verdict is tantamount to acquit.
tal-let il be recorded
Shpmsn then left the court in company with his rea.
tives end has thus escaped series Of service at Sing
Sing He thus acquitted OF all criminal charge there
is statute in Pennsy lvana making the offence crime,
and the only remedy the Union Bank has is by civil
suit to obtain Judgment for the amount which will avail
little he has 10 pay They may attempt by
civil suit TO from the parties in Philadelphia the
Of the money that he paid 10 them at the time the
funds in his possession.
The Court then adjourned till this morning at eleven
o'clock when tn trial oil the girl Emma Richardson aud
the john Wallace, for assault and battery with
intent to kill by stsbbing ID. c. Becker in Broadway,
will be the first called up.
CHEROKEE EIEcTIoN-Ross is elected principal
chief and Lowry assistant principal chief, by a ma
lority OF 923 votes, receiving nearly two thirds of
the whole number OF the votes Polled National
committee 13 Ross linen, Vann men. Council Is
Ross men, Is Vann men, On joint ballot 81 Ross
men, and Vann men.-45rkansds HteRigencT.
MURDER.-It is reported that man named Lau-
rent ROnquile, for many years in the employ Of the
Messrs Lacoste father and son, was killed by runa-
way negroes near Bayou Phillippon, some ten miles
below the city. Il is said his body was cut into
pieces and the pieces distributed in different places.
IN. .. Courier OF the 9Th
nh AMERICA AN N1JTsEIrM Eth;onaa, car.,o1o,,,