The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-04-21
u. 8. Circuit Court.

LA00OcI'-I"''A
sci summed up in this case to-day when His Honor
charged the jury In his opening remarks he dwst upon
the wisdom ana IN saes e
establish the offence it first necessary to prove that
the public mail had been taken away and that letters had
prosecutors resorted to purely crcumstanal evidence
which in its character susainable by differences and
deductions, which, if relied upon, had all the weight
and power if the prisoner was actually caught
in the fact by eye witnesses. The inquiry in the
present instance propounded as to whether or no
floating in the river, and the letters were found
floating in it, The inquiry then arose did this fact prove
that they were solsna CAPTAIN Hyatt proves the finding
fact Of the robbery And You believe that fact then
you to take il party had actually seen the CON.
mission of the fact Next the jury should consider that
there be any doubt to the individual guilt of the pr
soner he is entitled to the benefit of that doubt The jury
should next consider whether the robbery f it
a robbery) committed at Hudson, elsewhere The
evidence for the prosecution went to show that this mail
brought Hudson and deposited in the office in
particular nail charged against the prisoner the mail
that robbed They should well and carefully consid
erevery fact connected with the case The first intma
tion Of the robbery was on the finding Of the bag in
the river by Miller, who returned to the office
and asked the prisoner Ho if he had left the Office during
the had the mail in custody to which the prisoner
replied he had The whole evidence therefore turn
ed upon purely circumsanal evidence and the fact OF
the prisoners denial Of being at the river was rehutted by
Griffin who he met him coming FROM but not going
TO- the river The time however, was left unacconnted
and then the question to whether no he
his Legitimate business but the TACT OF the prsO
being found pokng the ice, the river with
iron bar fully established. However, prisoner &C.
counted for it in very reasonable by saying he was
in the exercise of his duty trying the strength Of the ice
in order 10 ascertain whether the boat could go The
finding of the bag in the immediate vicinity OF the boat
when it had just started was to be looked upon with
caution, and the jury should well weigh the fact
and the probability OF the prisoners connection with
it, Mere declarations, had been very properly re-
marked by prisoners counsel, should at all times be
viewed with jealous caution and the jury, therefore,
should not rely with too much confidence this species
of evidence The next fact to which he would call the
attention of the jury that of the letters purporng to
contain money directed to Greeley McElralh. That
of these letters contained $40 bill was fully esta
biished and the chief point therefore, for the jury to
consider whether the $40 given by the prisoner to
Mr. Jordan this identical bill Evidence for the
prosecution went to show that this bill from the
Orange County Bank Vermont; but the number and the
other essential requisites for identification did not go to
that extent that would prove conclusvely that
this was the identical note The mother swore that this
$40 given by her to her son, the prisoner, and
though the mother had shown some discrepancy in her
testimony in relation to certain conversations and deca
ratons which she accounted for by explaining to the
Court her age and deficiency Of memory, and also her
confused state Of mind hearing of this transaction
The jury should therefore, weigh fully and carefully all
the facts and circumstances connected with the case.
which rested fully upon the credbty that attached to
the witnesses on both sides. The jury withdrew and
after absence Of fifteen minutes rendered verdict Of
Guilty"
3GJ- Iftherc are among our readers any ladies or
gentlemen who question the good disposition OF
their lovers (hey must first have lovers), they are
recommended to attend Mr. Colton's Exhilirating
Gas Exhibition at Niblo's Saloon, on Tuesday even
ing next. (See ADVERTISEMENT The immense
number of ladies and gentlemen who attended the
two previous exhibitions which this gentleman
gave in the Broadway Tabernacle few weeks
since, need not be urged to attend this-the expense
is trillng, only - cents, not half what it should be
But let no one suppose, because the tickets are
only Is cents, that they will get only % cents
worth. We hope to see large proportion of la
dies take the gas, as we presume there will be, il
perfect order is observed. Wont there be fun!
Amusements.
INCREASED ATTRACTIONS The Chatham Theatre
has deservedy won, and still maintains a hlgf
reputation the Peoples Theatre Its no exaggeraor
that at Theatre 10 the city can Legitimate
drama be represented with such effect Mrs. Mcclure has
vorte characters supported by Common Scott wareham
and WiDans, with the popular Miss Reynolds. To-mor
row evening, Conner. who has made himself quite 10
vorite takes a benefit, and produces The Stranger
with variety of other amusements. Among the forth
coming ovetes, we find the company will be still furthe
strengthened by the accession Of Yankee Hill and Mrs
Ssby. We are also TO have juvenile performer, who
spoken Of of the first musical prodges OF the day
The bill u.s. the whole of the greatest OF the sea
SON.
AMERICAN MUSEUM No less than 20 600 person.
manager will continue the exhibition through the pre-
week and has made arrangements to give two per
formances every at hall past three NJ and on
at eight There will be great rush doubt not, 70
the Ehiopian Cole Certo and Miss Adar are to appear
having been eengaged for the week. II is worth tn
admission to get peep at the Ciantsthe Gpsey can
| consulted at all hours.
o. Peale's New York Museum goes ahead 2
every thing. dwarf smaller than Tom Thumb
giantess taller than the at the American Museum
and performers the best that America produc
are we think sufficient attractions for shilling ar
the public to he of the opinion to Judge by III
immense number Of persons who visit tho Museum
evening. The Great Western, Mrs. Western, Conove
Celeste. Miss Adar Miss Blanchard and W. Conover, n
comic singer Of the bright particular stars I'll
parquee plan which the manager has introduced succee'
= J.u,ra