The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-30
Circuit Court.


KNIT took his seat upon the Bench this morning, and
delivered his charge In the case Of Dow Guiteau VS.
Cotton. very briefly as follows
GsNrLsnrS OF THE JuRY-Ths is action of trover
brought by plaintiffs against defendant In this form and
condition the plaintiffs sue. They say that being in pos
session ofcerian bills these bills lost and got into
the possession of the defendant Now the state OF the
that they employ cd clerS-that this young man.
who was their clerk got their money and being in pos
session Of H. go, into the possession OF Coltontha Col
ton got this money by being the owner Of faro bank and
therefore, that being the OF faro bank his posses
sion OF the money was illegal. Now, gentlemen, three
points mus, DE made out to establish this in law The
first s tina, the defendant got the property the second is
tina, this clerk Davis played at ColtOns and the third
that the amount lost described in the declaration
the whole rests with Davis for the testimony the var
have corroboraes that of
Davis and in relation TO Davis testimony he states that
during the time of these gambling houses he
lost about $4,000, which he took from his employee
This OF money taken at various times, from the
commencement, in 1910. when he going gradual
y until he took this large amount from his employers
lie applied slo5s in play ing other houses in this city,
until January lsi2 when he TO Vesey street, and
played there He to the houses Of Marshall and
Wallace and also played there and between them ell
he lost about $4,000 lie states that $4,000 OF that
amount lost M CoIfoDs ut a tsro bank. This
Is the amount OF his testimony, which is applica-
bic TO the case. Now, gentlemen. the question you
have TO try must be ciassed under three particular
branches The hrsio you to try is was the money LOST
The second the amount played, and then, the loss On
the first part OF the case, as 10 the amount taken you
mus, be satisfied in your minds as to the amount taken,
end that that amount taken from the plaintiffs by the
defendant Davis states that ne lost about sioooo; anu
appears by te BOOK that s'oo were taken IN reia
ton 10 the taking Of tins money, look upon his state
ncnt Win less i"creduiy from inc ciicumsahces con
necel WIN Ia. statement Inc hist pont 10 De establish
eh ~ ca ne TAKE the sioVuo ana dweii particularly on
hiss nj" credit 10 be relied on Wth regard 10 Col
Ton the evidence on hs psit Is tna' ero was nane on
the door, ana that lotion was 'he name lneie was
no christian attached We also have II in EVIL
dtnce tha coton occasionally acted us dealer OF tester
ana stew ara IN taxing ID Tue winnings ms IN thc ao-
sence OF contradictory testimony affords matter upon
"hch you must exercise your ascfeuoh anu uhc MIRO
part Tor your CONSIDER alton S Davis ost money IN TINS
way WIS, W. W. ".o""t WV" '.sPo., " ."ias "
have u admitted 10 his employers the taxing oil the
money. Vow, ~ oonsI, .'ihs nov n,In ne iossi ""
mus. pear ~ NINA ha ,oi'oh - esiunsio ". n.e oy is
hee Nss rs, az, nc ~ ~. i'sl',ns.. ~ " ~ %
respohsIs" 10, 'he money ans was ZOE, % M Das.'
s,ai. Una, ne io' tnc soy y. ,oi,o y IVY o nas eo
,Isio.e Mus -, ,oa e 'a's , "1 IT., ho NV" p
e''n an" s'oou u" sa'e - III, . a. na
se.ss 81 A. sis''o' " .s'' poi.si - -. A. 80
,. ' ~ ~ ' re-. - ~ - - -
oehs youis mas oesihnns 'no am aoPenu.h. on is