The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-11

know that every sta, that passed renders the GO
victou Of guilt less certain; aud moreover know 10
within six months the psrsmptory Challenge ACT
been passed by which the counsel o. accused peI
o.n, BY his beck, refuse a juror TO be sworn
Wills the legislation OF the country is in favor
the accused, 1t Is against the cause OF justice
ne, nou' gentlemen OF the jury, have passed thrOu
tal jurors you, am bound to believe. whsn You TO-
your seats in that box, influenced by no extrsn
opinion aud you have had stated to you the iDstAn
In Throckmorton's case where because the jury did
into court again without verdict Of nvicton the
were sent to prison, where of them died But doc
public opinion which flows from the moral sense of tn
COMMUNICATIONS he compare 1t to the arbitrary act
insatiate Elizabeth Does be ken the d.suotsm of
crown to the public opinion Of the free aud sughen
people Of this laudl tell him do not fear publ
founded on the morals Of people, founded the
love Of virtue, declared If you wish through the publ
press is the foundation Of all the liberties eojoy
tell them that institutions public opnion
tell them that public opinion bind men to do the
duty. I tell you, it reaches the commander liz
your President even bows to public opinion tell
yod public opinion ought to come into the temple %
justice. tell you ought to come In, and sit by the
judge thu bench mot to control him. but to strength
him In the administration Of justcenot to pervert
the law but to give him confidence declare the
not to control his mind but to make him bold tell
you public opinion should come into the jury boxnoe
to Influence your action, but to hold you to the Gs-
charge Of your duty according to the law and your own
understanding; and n at any line jury ,hould be
rupton public opinion stands beside him to dash the
pribs away 1t tells him his motives known Gen.
tlsmep We boast Of morals and Of our civilization
We point school houses and yet 1t Is my duty
say that In city In the world but own could We
bity Of saying whether It shall contiDus in our midst.
Great is your responsibility You stand like the Jewish
prophet between the living and the dead Byyour yer.
Dict 1t depends whether this pesenc9 IN be stayed,
or whether 1t shall continue until The hrst and no.
best In the land shall be stricken down. Acquit
IL. Iafor, snvxA 49, [.ush -
what will you do? You will break away the very
foundations Of female vrtus-thc dread of discove-
Of our land Ruthless and the sighs aud councils
mothers unavaiingyou will strew weeds in the path OF
virtue But it is not Of the rich alone that speak,
refer also the poor who have souls to well
the weahest of the poor girl who tolls for the support
oil her widowed mother, Acqu!t the defendant h. re and
yon send your daughters to fountain to which they
may 60 and be lsved, and be again pure You take
from them the fear Of exposure she yields to the
ducer; hut detection will follow and she becomes the
miserable thing that the poor witness In this cass
She will be trampled on and cast away a. she IT, like
to her DEATH and bring down the hoary headed mother
to the grave Think Ia Cots name think Of the res
possibility Of what you are about to do The public
does look to YOU the eyes Of your fellow 81 liens RI
vetted on you, your motives and your deeds The eye
of outraged humanity is keeDly Watching YOU and on
centred che hopes and fears of the best AMI no
(Mr Hoffman sat down, and a loud burst Of applause
succeeded which the officers could not quell for some
minutes
TAE REconDEa's CHARoE-Ths Recorder stated In
his charge of which proceed to give synopsis that
the rested partly upon direct and partly upon cir
oumstautisl evidence, and on this point he charged
Frat that when fact cannot be proved that kind Of
proof which the positive PROOF must bs
given in evidence, ard that kind Of proof s
tal and stand good until the contrary Is proved
concurrence of well authenticated COM
poses strong groun OF IL not stronger than
positive testimony, when the latter consists Of single
witness stsndng connected with external coll 4te-
raj circums This point he illustrated In several
ways He charged secondly that the burden proof OF
the guilt Of the accused 10 the state Thirdly II cir
the accused might, II innocent explain these crcum
consist antly with innocencs and yet does not
onrr sum proof a. WIN 90 co. strong aaa nature. pre-
to be presumed that person. sotions correspond with
truth Fifth, the jury Should be convinced from
binatn If circumstances, much II they had d
rect proof Sixth. that the crcums ancss should
ary involve the guilt Of the prisoner and point d.
recy to the offence charged sevepth, the jury
not bind themselves down believe disbslievs ab.
sraotsdly from the principal actors in the pre-
ssnted to them--thsir msivss AMI al the variety Of
their relations It Is impracticable, he said, to
obtain absolute certainty in human at irs In the
nature OF things only obtain reasonable certainty
In regard the circumstances Of this case, he ssd
the jury be satisfied only that they
sistsnt with her having committed the ac', but they
be satisfied tbs the facts OF the such
to Inconsistent with any conclusion other than
that the prisoner guilty Ia relation to the points the
Jury had to dsods upon they we're rs "nssnsf Mara
produced third whether the defendant committed the
abortion; and In order decide whether the defendant
guilty OF granddaughter misdemeanor. they must
ascertain whether she was quick with child or not
These the points in the charge and as soon as the
Recorder down, the District Attorney moved that
Madame Reste b. committed to the custody Of the off,
Of the court to await The sentence The motion
counss and the Court decdd that the special bail in
the Case, he thoue bit was sufficient
The jury then retired and about halfpast O'Clock
into court and announced that thy had agreed
upon verdict and found the accused not guilty OF
granddaughter; but guilty # the nsdsmeauor charged
The Jurors then polled and each ssveray answer
| cd that ouch his verdict
| The District Attorney then moved that the Court
proceed to pass judgment IN the case whsreupon Mr.
Brady moved tor arrest Of Judgment and proposed
argue the point at uniess the Court should ~
disposed to grant his motion and fix day for such
Saturday accordingly assigned for the argu
meme, aud agreed to. The District Attorney mex!
moved that the accused in ths eantme be committed
to the custody of OF the ocrrs Of the Court This
motion was strongly opposed by Mr. Graham who
tended that the accused under Ltavy ball. amount
ing to ten thousand dollars, which amount was hx-d ny
the Court under the presumption that the accused
guilty of mauslsnghter and liable TO imprisonment N the
State prison for period of from to yea whereas the
jury had her of q misde only for which
could be- the pententiary for term not ex
cssdipg year and az short period as three
brought before them charged with the commission Of
refuse to accept the bail upoI
which the had been released from custody. .
After discussion, in which tho respective
council both sides engaged tn court finally decided
the argument the motion OF Nix Brady for
Judgment to- morrow mornng also ordered th'
accused 70 committed the custody OF ofc.r
til the motion for arrest OF judgment shall have bsen
Tne court then adjourned III O'Clock, PM) until to-
morrow morning.
UNITED STATES DnTnIor CoURr-Nov o-Befors
Judge Nelson Wittiam SaUoge vs. julia De Wolf
! erecutrir. Sc.-rbs action to thu
amount of three promissory notes S25 000 together
with interest. The facts are shortly th-se-Mr. Sa
wage who is merchant in Boston, had in lSll claim
against sugar plantation. called the Baptiste estate
in the hland Of Cuba, for $4,000 He sold his claim u
Mr. James De Wolf the defendants husband, for S25,
000 for which Mr. De Wolf the three notes "
suit all bearing date the same day but payable dit
ferent times The assignment Of the plaintiffs claim Il
Mr. De Wolf contained clause that the notes .hould
hsnded over to third party, and by him held
dtron also stated In the whio was that MIR
Savage ssouli reese OF certain mortgages af
.ciug his sism " appeared that In lS43 he currt
rsieasr OF those claims to be rendered to Mr. De WOLF
out tue latter refused TO accept it, alleging that such
/ release WAS not ~ compliance WITH the condition MIR
De Woii shortly aitsr died and the mites nandst
over to the plant who brings his aclion assins