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

with band OF music and a feather in his cap with
crowd Of men, and children following ana hur-
raing after hin-wth this extraordinary state OF CIR
cumstanccs should this weigh twelve sworn jurors
He denied than any evidence had been kept pack Goa
knew that he tried hard enough 10 nav Tue o.
cause il should have been given on the examination In
chief lie referred to the remark OF MI Carlisle that
there was no testimony to show that the letters
ever received by Polk and asked the jury whether
they supposed the respected exPresdent' to be
sent and brought here from Tennessee The letters
we're written by Shuster they were before the grand
Jury the post-mark them, and the direction
to the President. The government was not to be
blamed for doing that which citizen does when his
property is stolen vzocr a reward the goods sto-
len dependent on the conyiction of the thief This
not compromising felony AS to the point that the
articles exhibited not the things which stolen
no man who looks ut the testimony doubt that
they are. Mr. Warden testified that, originally, there
hundred and forty eight pearls the necklace
Four were found in the the morning after the
tyfour and these with the four make the full compile
ment. That witness showed the end of the silk on
which they were strung WIND in one of the pearls,
fate would have it, particle Of the silk correspond
ing. There is peculiar feeling about gold ; and with
regard to the oar of Notwithstanding the learn
ed counsel put some their handkerchief and snuff
ed it up their very BRAIN still the brains which
felt the effects Of the ottar of roses tell the jury and
their which also smet the ottar that it not
ottar Of roses may be it was whskey say it tar
anything but the ottar of Take the combination
of articles-gold, diamonds, pearls, ottar of roses
Mr.. KEY spoke ably for nearly three hours, and at
quarter to four the case submitted to the jury
WASHINGTON April 27, 1S49
The Judge came into the Criminal Court room at
ten O'Clock this morning, and, having taken off his
gloves and adjusted his specaces, ordered Mr. Robin
son to open the Court.
The juDcr-kr woodward, call the jury in the
Shuster case, il you please.
Mr. Woodward, the deputy marshal, retired, and in
short time returned with this message, " They say
they can't agree and that you may adjourn the Court
until tomorrow morning, or until Monday week just
as you please.n
The JupGE-Tut tut tut! that's all nonsense
Mr.. KEY-Supposc they can't agree.
The CoURr-Dont suppose that at all.
Mr.. RADCLIFFE (Prisoner's CounseD They say that
they can't agree for a week
Mr.. WoopwARD-Some Of them said that.
The CoURT-It is hardly worth while to keep the
marshals, the clerks and the officers here.
Mr.. Recommendations until five O'Clock this after
noon.
The CouRT-No. | shall adjourn until tomorrow
morning. Mr. Robinson adjourn the Court
Mr.. ROBINSON lin loud voce)-This Court stands
adjourned until tomorrow morning, at ten o'clock
The jury then will have been out forty-two hours,
fed and lodged ut the government expense.
In April, 1915 Captain Wilkes, of the Exploring Ex-
petition tried in the Circuit Court Of this county
for OBTAINING three marines, Dinsman, Babb and PEN
cl) after they discharged hogging them for
fusing to do duty, and imprsoning them in a native
fort in HONOLULU in 1870 The Captain was cast and
had to pay fine Of 81 500 and costs. The case was
carried to the Supreme Court of the United States,
which, last winter reversed the decision of the Court
below. Yesterday the trial of the same gentleman
was commenced, for malice against these marines.
Lieutenant De Hanon Lieutenant Pinckney and
Lieut. Walker were examined rs witnesses. Their tes-
fined by Capt. Wilkes in filthy prison, without the
comforts Of life &c. Mr.. May appeared for Dnsman,
and Mr. J. II. Bradley for Capt Wilkes. The trial will
not probably be concluded until Monday. g.