The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-29
urt OF Oyer and Terminer.
Edwards and Aldermen Ingersoll and
BEFORE JuuSs jackson


again resumed. .ounss, N, tbo rr,so.
MIR BLAsrMAs, junior % on hah .hs prisoner was
proceeding to sun up the Ca - mao '"0n'
when, IN tho s.ua.,,. -.
bad opened the case for the defepc> wa. spuo m;
by saying, he spprehended that ther> s~ suIis nus
take, with regard to his learned associate up.
So far a. Mr. Bankmsn was personally conce "e oosn
he (Nr Cutler) and his client (Mr Carpenter, eusr
tain cd for him lawyer the most profound eot
He had doubt that IL would be satisfactory 10
the Court and to the jury to hear Mr. Bankman who,
be was sure, well prepared with able address
upon the facts Of the and would perform the duty
more eectuay than he could do 1t; but it Was simply
because it the request Of Mr. Carpenter that no
(Mr Cutler) should address the court and jury that
he rose to make the intmation TO the Judge.
Mr. BLANEMAN said, that he should stand upon his
professional right and professional dignity and insist
upon disehargng that duty to his client which, with
much and attention. he had prepared himself to
fulfil.
The JupGn remarked that the court had nothing to
do with the order Of summing up they could not hear
more than two counsel each side, and II was for
them (counse and their client to arraDg go who
address the court and jury.
Mr. CAKrrNrER (the accused) said, 1t was arranged
yesterday evening, that Mr. Cutler, who had bsen
much engaged in this kind of cases, should sum up,
and it was his Carpenter desire that he should
MIR BLANkMAr then in accordance with the wishes
Of MIR. Carpenter, withdrew his right aud loft the
court
jury this has occupied your attention so long,
that almost fear to trespass farther on your time
has assumed an air OF importance. not only by the
length Of the trial but by the and active par
ticpation the Attorney General which its intrinsic
court would suppose that hnous crime had been
perpetrated, under extraordinary crc Instances Of
public Interest," that some old and hardened offender
ksd by a long course Of crime, was about TO be
brought to oondgn punishment for series Of Offences
for single offence II great magnitude, which
made imperative demands on the public for its repres
sion. In the trial Of ordinary offences the Attor ney
Gsneral does not appear for the prosecutions and this
Circumstance alone led many to suppose that the
distpgpished ia ens of Ambrose L. Jordan would not
be invoked If this defendant were not Grim nal dyed
with the deepest shade Of guilt what are the fscts!
q AMI m An nf tab N n
bl, nit bed morals Is cbarg with single offence after
apss Of nearly four years from the time Of its alleged
CON mission, Of which no respectable man can aver
his oath, he Is guilty The against him rests
wholly the testimony OF Andres aud Young Both
by their confession, accomplices in the plot
with which they charge the defendant. Both are in
PEELED by the strongest OF hope aud fear to
crinnate him and 1t also appeared that Young was
under the influence OF perssDsl insanity. Andross
story ncon sstent with that which he gave at the
time 81 his fret arrest Besides this Andres says that
Carpenter saved him in his hour OF need lie avows
that when he In extreme peril, the dsfe ndsnt
aided him TO escape The villain who avows that his
necessities whilst In prison supplied by the de-
fendspt has the heart and the forehead to appear
the principsl witness sgainst him. The Learned gem
tlsnau here drew parallel between the present ease
and the trial of John ferney for aiding ia the
Of James Benton aud cited Nscausy's History OF
England srper's edition. page 6ls, aud the trial OF
John Cornish page OLE same volums; aud after sx-
aiming some Of The evidence in this case continued
Gentle men, the intrinsic improbabiy OF the whole
statement IL apparent, that II IL related
by a credible witness, should contend that he must
be labOriDg uhd'r some Misrepresentation relative
to the facts onpentsr " reprsssn.ea oy tns
the master of the mint and actual nufacturer OF
the fabricated money s 1t at all probable that such
would 90 int public bar room and there handle
counterfeit money and actually sell IL in the presence
fs.vea persons who could be witnesses against him
why procure the Intervention Of Young At ALL Car
penter and Androe you told terms of inti
macy. Why did not Carpenter, then, transfer the
money at to Andres. uuless he desired to procure
witness to the trapsscsp, to secure his convio-
tion No sane man wsuld do such an act. much less
shrewd active man OF the world whose previous bust
hFl In aetlW
rendered him, at least familiar with human nature.
All men act from motives. Motives are, with relation
to moral conduct what physical power Is to mechanism;
both Of these kinds Of impulse equally under
the influence II known laws " hat motive could Car
pepsr hSfe hna 70 tae S Ss 'oSs an
gentleman situated rs he was, could have had suf-
hcent inducement In the sl2 he was to receive, to
conn NIT tuch q crims' Here cou.'el examined iH
the evidence bearing on this point ]
The proof o. Carpenters guilt rests solely upon the
the testimony Of Young; for as to the particular
offence charged the purchase Of the roll Of mo-
nsy, Young stands entirely uacorroborsted con-
tend that thoee laws which condemn man on the
d.potiton OF single witness fatal to liberty. la
right there should be tso because witness Who
airms, and the accused who denies make an equal ba
lance and IA third must incline the scale The Bibs
declares that In the mouth Of two three witnesses
sha every word be established But our las has de-
enc witness sufficient 20 estsbh the petration Of
any crime This variation from the rule ~hsh prevails
In almost all continental Europe requiring the presence
81 two witnesses to the Jsctsm Ia criminal eases has
been the subject ~ severe criticism by many distn
guih,d French Juritts Bst we are sont"iAt compen'
Iat'd Tor tbs hathness o tns tule oy ,ns ptaeussp
plicauon 81 I'D ptsouce " nss "oiAea ess iDJu'cs
than many Rave tuppo'.o tinpy because lns reltion
Of single witness unless cohSist"nt WIN 'esi ana AL
me turfounoipg sbsums'apess' ~ 70 De f'ysetso ",
tben ere oible witness ~ not 70 % oshevsu unIes. III.
story be clearly pr9b.bie ana consistent WIN othsr
Known ihcts NLht fbAl SAY OF tns story OF islon-a
ieiop 700 WHO AeAhoNieugss thht ne vas s.noerlhs
'sgaboDd before be committed felony aud whose state
m'ht 10 nj. Gaze ol,aty prove MS own guhs. ~ pre-
msdsted story 10 always 30 made as 70 bear the APP
pesIsncs Of consistency when hr.t stated Ba. be
premtdtstd TIE VII beiaoe 10 err IN the
statement OF the conatera iActs ana .urounlns or
cUmstauees Does Abufts coburtn uhe st%smsn. OF
Young in any important psrhegi-ri ne does not An
eros spleair befe uneer PeoulaI oiIc ums'aucss ne
aFo"s ihst ne psssei tns couhtsr'et money aun s'eI
man VIII accord 70 e,lnal ths CREW ., NnoNng NJ
ire crcrfnttt ces uhoer Nneh tne ehnls VS. commit
td re OF o'utte thow' soN Ne pee se am car
state All ths o.tsis IN nis career 81 crime but
not TIE question b'tre you We are not olscnsslns
pbetheT Atdros vas Ruhty sut smPy ,ns 9ues,lon. Is
Cari'pt.f IL phcttsa 10 thst guh, lh.ts again, Va,
htumohy vas cattiuiy rVs.eu by tbe COUNSEL
Andtos came mere Ia 1891; n 'hs mssmsiAet OF ths
Kidd savage ,omIsny. 10 wen, 70 .sdss. anu