The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-29
CRIMINAL COURT.

Yesterday as has already been stated the testimony
Of witnesses closed, and Mr. Key for the United
states and Mr. Radcliffe for the prisoner, addressed
Abe jury the former insisting on the prisoners guilt
and the latter pleading for his release.
This morning. MIR. CARLISLE, one Of the counsel for
shuser replied to the District Attorney, and argued
that the law requires the who is found with stolen
property in his possession to prove how he came by It,
Jones showed nearly four months after the robbery M
n distance Of two hundred and fifty miles from the
scene that the jewels found not in shusters pos
session but in his own; and he accounts Tor TINS py
own oath He gave as reason that he suppressed the
truth because he was with ten years mPr
sonment in the penitentary Jones h sey sves Did
lowell and shuster only kheS His dungeon and
irons are security against that Dd Jones. NO Ior
he denied to the end kno"ips e United States believe
the story of Tones The United States cannot say that
thew viii not touch Powell If they can touch Jones
;tSomt being de6led they certainly put their An
rers ON Powell If Shuster and Jones, only say that
Hn on the other side Was Webb This minister
nIenpoentiary who is now gazetted fos an appoint
had been led to expect the editor of the Police Ga
zrt suddenly trips up Webb, who has been kicking up
him prison. MIR. Carlisle said that he had the fact
that Webb was close by Jones when he arrested
and the further fact is known far the records of
the court show and the public agents concerned
that if Webb had not bond of indemnity in his pos
session he had something just as good; and, with
air Of impudence and brazen- facedness, he walked
about and held his head high any judge juror
Mr.. KEY Gnterruptng Mr. Carlislo) i would submit
to the Court how far the counsel travel out Of the
question. He is creating imaginary parsonage
The Court made a remark.
kr. KADClIFFE-Stop, MT. Key; let the Court speak.
Mr. CARLISLE (smiling)-l suppose that Jones is an
imaginative person, and invented mani No wonder
the Patent Office took him up as the greatest invention
ever made. ['fla! ha! ha'1
Mr. RApcLIFFE-It is a new discovery! ["Ha! ha"]
Mr. CARLISLE said that the age of miracles has past.
1t is certain that there was new light from above,
no superhuman agency, that induced the police Of
New FORK to walk into the store of a respectable
chanic dressed up with clean shirt and newly shaved,
Jones-to lay violent hands on him. 1t not mi
race. 1t was human voice that told the story and
human hand that pointed out the man. II the jury
could credit that that voice and hand do not be-
long to the thief they could credit more than he
could. 1t is shown that the government acted on
better evidence than that Jones who was as silent
As the tombs until the Tombs found doeful voice in
commend him to the sympathy and belief of the jury
That Jones, of all the long list of worthless Powell,
Kenouse, Atkinson and others0 made terms for him
self with the government is clear he is not here, to-
day, as cuprt 1t is remarkable circumstance that
the name Of Shustcr breathed in the Tombs, and
He dug up the treasure and then it that the let
ters produced. No witness has sworn that Presi
dent Polk ever received or read them. The District
Attorney asked the jury to believe that they
eeived and acted but the jury take nothing
for granted-they must rely proof 1t not proved
that Shuser foot in this country up the day
that he was brought here under arrest proof was
ticles that stolen without proof there be
conviction: (Mr: Carlisle made an eloquent appeal
in behalf of the family Shuser stating that his wife
had had miscarriage in the basement Of the court
house building where she boarded. The prisoner put
learned gentleman then took up the testimony of the
witnesses for the prosecution in relation to the hand
writing of Shuser, and made able effort to destroy
It. He ridiculed the idea that who had stolen the
jewels would have exposed himself to conviction for the
mere paltry consideration that three or four hundred
dollars worth Of government advertising would be taken
from thePoce Gazette and write letters to the President
proposing to restore the property on these conditions
But said Mr.. Carlisle, the case is made up witnesses
found who to their opinion that these letters
in the prisoner shandwrting. Webbhovers around
with his knees knocking together, his tongue faerng
with the face and demeanor of a wretch and hypo-
critic bearing in his hand this gonfalon Of victory
"full high advanced inscribed with the magic words,
"Fifteen Hundred Dollars Reward and n free pardon
sored nevertheless by the dragons Of the police to
that he toes the mark and straightway MIR Burke
takes him by the hand and with tears of compassion
looks at him in the eyes and Poor Jones honest
Jones worthy of all belief candid Jones who confess
his offence truthful Jones, whose confusion,
tradicton and convenient memory utterly failing him
at all points not needed by the prosecutions make his
truth as clear the MONDAY sum Poor, dear Jones
he has weak mind and weaker honesty he is fit to be
anybodys tool he tells you that when he is afraid he
can't tell the truth he canddly confesses that he
the receiver of stolen goods and held to them till he
aw good and sufficient reasons to give them up; and
therefore he is worthy of all belief; and you ought
to hesitate to find upon your solemn oaths abso
Lutte truth anything that he tells you that the
moon is merely green cheese" This is the eulogium
which the prosecution pronounces upon its Ajax who,
in the darkness Of the Tombs, cried out like his pro-
totype Of old,
"Give me to see. and Ajax asks no more"
"Give me to see how can get out of this powerful
evidence Of theft and 81 ask more; that is,
than 81 and not less than my rateabe share OF it,
The Of Shuster is mentioned to him. 1t is all that
he remember Of that dark scene for instantly the
Light breaks in upon him his shackes burst from
around him. and he walks abroad redeemed, regenera
ted, and disenthralled" by the genius who breahed
this idea of reward offered by the public authorities
to anybody, including the thief himself for the immo
laton Of any victim idea which ought never to
have escaped from the Patent Office without being first
patented in strict monopoly, to the original inventor
This the which is commended to yeur judgments
and conscenccs by the earnest and ofrepcaed decla
rations of the Disrt Attorney that it is the panest
conviction the world Carlisle
alluded to the fact that his first trial Jones said
that he took one of the diamonds to ajeweller in New
York for examination after he had advanced the money
on the property but could not tell who eeweer
or where he lives Mr. Key had said that he could not
tell the names Of the jewellers the Avenue To give
full credit to this Mr. Carlisle must suppose the D
trict Attorney to be natural fool.
Mr. kEY-(reddening up Yes, | went into jew
ellers store, and can't say who he is and where the
storei is.
Mr. RApeLIrrK Eve; Wen have to put straight
jacket on him [IIa! ha ha j
Mr. KEY don't doubt that the learned counsel is
Solomon, and greater man and smarter than | am.
Mr. CARLISLE (smliHg)-I think that Mr.. Key is sim
gularly gifted and therefore not able to tell what
mans Hotel, and between Coleman's Hotel and the
Market House, and between Ninth and Twelfth streets
Why insrf o between S S street and
CHA ha he can't tell himself'D
Mr.. RApcLIFFE-Mr. Hayden.
Mr.. CARLrsLE-Yes, MIR. Hayden, Mr.: seraphm Mast,
MIR. Warmer, Mr.. Keyworth, MIR. " Mast, and going
farther up, Mr.. Lewis, and Mr. Hi-gns
Mr.. KEY correcting him)-Huggins. (Ha! ha! haD
MIR. CARLISLE (smiling)-He does recollect one Ola!
Ia, Silence.') II had had Jones as witness, |
would have made him tell whether the New York jew
eller white or back-whother he was Jew
Christian Jones would have picked his jewelier If he
had consulted one. He would have been very partcu-
lar fearing that he might have been suspected Of hav
ing the government jewels. Further remarks were
made by the learned gentleman whose efforts we'll
~ those of Mr. Radcliffe with whom he Is associated In
this trial. in the highest degree credtabe to their
professional skill and eoquence
Mr.. KEY, for the United States commenced by insist
Ing that Mr Carlisle did not make good his word that
he would show that all the material evidence for the
tainted
a. had been charged that the government had com
be- the part Of the opposing counsel to get the jury
twelve sworn men, to compound felony. There no
roof that Webb was here walking about, holding hi.
cad as high the judge, any juror, and therefore
credit must not be given to this assertion Why did
not the counsel for the prisoner prove abb II
impossible. Not single witness had been brought for