The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-09-11
CoNcoRp, Mass, Sept 8, 1915.

The third trial OF William Wyman LOT emDeZIllnS the
funds Of the Phoenix Bank commenced in this town
last week II has already taken up weeks time, and
it will require all the present week for its completion
Judge washbarn of Worcester is holding the court
He is very fair Judge his principal fault being pro-
pensy to talk too much Col. j. p Rogers, OF Boston,
conducts the the part of the Government, Mr.
District Attorney Huntington being too uawe to take
charge of it. Col. Rogers is comparatively new man
in courts he to Boston from Bangor, short
time ago but has already attained extensive practice
and high reputation a lawyer. He is very shrewd
and sagacious man, and considering his very imper
feet acquaintance with the details of the is
Quoting it very well. Mr. Webster, Mr.. Choate, and
Mr.. E. Hoar appear for the defendant.
The second day OF the trial was entirely taken up by
the arguments of Messrs Choate, Rogers and Webster
upon motion made by the former to quash the indict
men the ground that the defendant had committed
offence under the common law or the statutes Of the
Commonwealth. Let me tell you how this matter stands
Wyman has been tried twice already The first time the
jury did not agree but the second time they agreed to
convict The tenth section of the 1891 chapter of
revised statutes is in these wordsln any prosecution
for the offence OF embezzling the money, bank notes,
checks drafts bills of exchange other securities for
such person it Shall be sufficient 20 alege generally in
the indictment embezzlement OF money to certain
amd o the evidence be given of
any such embezzlement committed within six months
next after the time stated in the Indictment and it shall
be sufficient to maintain the charge in the Indictment
and shall not be deemed variance If shall be proved
that money bank note check draft bill Of exchange
amount, was fiaudulently embezzled BY such clerk,
agent, within the said period OF six months
trials to apply to the case Of Wyman Exceptions were
taken by defendants counsel and the Supreme Court
adjudged that he had mstrial, and granted him a
one Well ifths section did not apply. there was no
hope OF convcting Wyman, for the offence of embez
At s a Ss and s offence 5e
tincty set forth in the indictment and also the
time when it was committed This could not be done
NhaI il 1atn nT mot
appearing, made law pretty nearly in these words -
Be enacted &C. that the 10th section Of the l33d chap
so
cashiers and other officers Of banks" The ground of
Mr. Choates motion 20 quash was that this law was
post acto and therefore unconstitutional null and void
The counsel for the defence came fully prepared upon
rites in law history and PHILOSOPHY were laid upon the
table, and MIR Choate began his speech 1t lasted about
four hours and was one OF the best efforts OF man who
is very nearly at the head OF our Massachusetts advo-
Gates. The dry recital of legal opinions was d.
versifed by numerous historical illusions, and by
ona passages of high order of eloquence Among the
definitions Of post facto law he relied upon this
by Judge Chase After enumeratng several descriptions
OF laws which Of this nature, Judge Chase says
Every law which alters the legal rules of evidence
quired for conviction, is eI post Jaefo"
Mr.. Rogers made brief reply to Mr. Choate in which
he coutended that the only affected the
ner of pleading. Mr. Webster made few remarks in
reply to this The next morning Judge Washburn deli
vered elaborate written opinion adverse to the
ton In his opinion the statute did not change the legal
rules of evidence but only the statement of facts required
in the Indictment allowing the to be less
particular in its charge the evidence way af
ded remarked, that the decision had been made upon
grounds which had not been argued by the COUNSEL
The Judge replied that the was supposed
sides what they learned from the arguments OF counsel
and could be considered irregular they made
If Wyman is convicted his counsel will carry the
before the Supreme Court again. and they are confident
y the law whether technically erpos facto not
makes all the difference in the world to Wyman, who
perfectly safe under the decision of the Snpreme
Court before its passage but now in extreme jeo-
| pardy.
Some law points of minor Importance argued by
the counsel which decided against the defendant
and the trial proceeded The evidence does not mater
ally differ from that given on the former trials and the
in the facts much less as the period OF the
transaction grows more remote from u.s. -
MIR. Webster left town on Friday, but will return this
week lie will make the concluding argument if he is
we'll enough and expect strong speech. Mr.. Choate
will open the for the defence. Mr. Hoar of this
town. W no bids fair become eminent in the profession
has performed great portion of the labor in this
and has prepared il exceeding well for trial Mr. choate
quoted in the argument before the Court
Superior Court.
/ SrrT 9--Before Judge Oakley.-7homas Denny
81 ais. VS.. Wm WrigRt.-This was an action
on Bill of Exchange drawn by Brown Co. Of
the defendant The plaintiffs in their character Of
trustees appointed by the late Judge Irving under the
concerning absconding debtors: The defendant sets
up the payment of the note at Mobile Ala. The bill
produced in court with the names Of the acceptor
and drawer erased, and the word paid" plainly written
theraon. To this defence the plaintiffs reion that if the
bill was paid it subsequent to the appointment of the
trestee and therefore void The jury found verdict
for defendant he having proved the payment of the Bill
Patrick Connolly VS.. Joseph ". Wrigh.-This was
the ward schools, and in the month Of March last, the
defendant circulated reports charging the plaintiff with
having stolen Of the school house property, and
representing him as incapable OF teaching incompetent
| for the office of teacher, SC.
The defendant by his counsel moved for nonsuit be-
charging the plaintiff with the theft had not been proven
and also that the declaration did not set forth that the
Wiiiiam Vander5urgh vs.. The Nerr YORK and Harlem
Railroad CoThis action of trespass the case
to damages for injuries received BY paGtd IN
butcher and the 10th March last was driving up the
Bowery in his cart when one of the cars belonging TO
the company which going the same way ran against
his cart upsetting the plaintiff aud dsocatng his shout
der and TO damages for this injury. which he
alleges occasoned by the negligence OF tne oiver
of the railroad car he brings this suit Verdict this FORE
noon
SUPREME CouRr-Tuesday, Sept. Especial
Term-Nr Justice Beardsley ding.-Shatseii,
ads smith Motion ofdeendant ordered to stand overto
ne <, term defendant to costs Of opposing mo-
tion-smith shasei Notion Of plaintif ordered to
Motion to set aside rule judgment of
| suit granted, on terms.-Ryder VS.. Cole. Motion to
amend records &c granted by default ads Wey
ed by default-Arndt ads. foungs. Motion to change
venues denied with costs, without preudiceParker ads
amended ntnc pro Crofoot ads Crane. Motion that
the the case besettled
Haw kns Pres SC VS. Bartlett It aMotion to correct
assessment of damages judgment and transcripts granted
ex parte Robinson ads Lawson--Motion TO change
nue., granted by default. Smith, supervisor, &c ads
Thompson ct al superntenda &c.-Motion to quash
writ OF error denied with costs, to abide event Back
ct al ads The PeopleMoton to set aside declara'
ton &c. granted with costs In the matter OF the app
cation Of Thomas J. Monroe for a mandamus to the ise
sheriff Of steuben county, 81 anted, no opposition Med
bury vs. The Buternuts and Sherburne ,osts
panyMotion TO deduct So % from taxed bill OF costs
granted on payment by plaintiff Of costs OF opposing
ton Quincy Parks-Motion to SET sI =, de,s Mo
ton to set aside execution to stand over 10
ne xt special term Treadway imp &c sa nnyd =,
vi va Arnold ct ai-Moton to amend rePlicaton grant
Sd on terms Wilder ct al ads The People ex rel