The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-29
TWO CENTS.

men 20 beware how you aid In trading this i,nscent
man Tor two sel'.convictsd felons Aliew me In oou
20 Gt,er .ns srvsnt prayer that should you st
by gone times there will not "reminiscences Of iury
duty come any twinse OF conscience nor vain regret
IN the remembrance OF the verdict you rendered In the
trial OF Charles III Carpenter
lAlr Cutters address occupied the court from its
sitting at q little after 10 O'Clock, up to az
The DrsrRIcr ArronSrv (Mr McKeon) commenced
MS address to the jury by stating that the concluding
rem arks o. the counsel for the prisoner IN relation
'nits In which some OF the parties in this case
were involved ought not to have any weight with
Jury empsnelled to try distinct Issue. to
the Suit OF this prisoner. The remark could not un-
de- any circumstances apply to the District Attorney
connected far any the parties were concerned
with any proceedings except the public prosecution
against the person now on trial rhs District AttOr
ney stood In refeisncs to the accused In tie same
stiop rs the Court and the Jury They only knew him
In this indictment and were to pronounce upon his
guilt or according to the evidence presented
by the winesfes SO far the Attorney General was
concerned, he MR. McKeon) shou say, that from the
commencement Of these proceedings to the present
time he had been the object Of unceasing assaults In
court and out Of court. he had been asailed With
equalled vruence Nor bad even he (ths District At
torney) escaped lie had some experience In an kinds
ofelony cases. He had them In ell shapes and in
every character from the quiet and submissive up to
the unscrup uous and bold but Ia thu present ndict
msEt he had found the most daring reckless Of his
Kind Every person connected with the prosecution
had been denounced as corrupt Instruments in the
hands Of corrupt men Where is the evidence tAst the
Attorney General, and the men with whom he acted
Where Is the evidence that the Attorney General pro-
cured the pardon of of the witnesses at the ntga
tion OF men known as the Kidd Salvage Company 10
has been insinusted that witnesses brought hero
at the Of certain parties and il hat
there was fund appropriated by the State for the
pebses OF such witnesses The District Attorney then
referred to the laws of 1s4S and 1s4o wing appr
priatons for witnesses fees in Of suits conducted
by the Attorney General The counsel for the defence
had stated that the Attorney General warned the
against reading newspapers. lie warned them not
agant such reports daily made by the gentle
his left (the reporter for the Hers i they
faithful representations Of tho here and Of the
presented by the witnesses but the Attorney
General warned them against allowing their minds
ing Influenced by articles In a certain nameess print,
coined from the active mint of some persons
with the prisoners interest These articles
more the reflection Of public sentiment, than Carpsn-
ters eounseit money was the representative OF real
value In both cases they were counterfeit present.
ments" Well did the prisoner understand the power
full influence Of the press; poison through article
article, has been poured In the public since the in
dicment found representing this prisoner per-
secuted and against this falsely created public opinion
the willy defendant has compelled the prosecu to
buffet The prisoner in this case, had exercised ex-
tsoIdinary shrewdnes tact and Industry aud he felt
that by creating false issues and false public senti-
ment his chances Of escape were increased The pub
lilo prosecutors task plsin-to preserve to that
jury NO other than that in the Indictment, and
be was satished that IL the jury would they
bound to do) dismiss al other considerations from
their minds hs would satisfy them OF the guilt Of tina
party. as charged what IL that charge, That tho
prisoner (Carpepterl inced william " andres pass
ten dollar counterfeit bill Of the Ocean Bank OF Massa
chus.tts In the language of the Law he was an ac-
cessory before the fact The policy OF the law makes
him who procures a felony to he done, felon. II A
employ to kill &, and 10 absent when the killing
tab place, guilty of before the fact
The honorable and learned District Attorney then,
In answer to some propositions Of law made the
previous day by counsel for the defence, submit
ted the following behalf Of the prosec ution -
II the jury. from the circumstances sshed that
the note set out In the Indictment included In
those which the defendant melted Andres to pass the
jury may convict, u Instructions given
by the defendant as TO the particular individual upon
whom Ii vas TO be passed II Carpenter gave the
money to Young, and the jury believe that Young
guilty agent and disposed Of the to Andres to
pass. then Carpenter IL guilty accessory before
the fact. The not Of the agent being With guilty
knowledge, he becomes the principal, and the party
who employs him 10 an accessory, unless he pre-
sent at the time the offence was committed, near
enough to render come assistance The learned gem
teman here read the Of the People against Adams,
and two cases In Russell Ryan The answer to the
Young acting as the guilty agent OF Carpenter COM
municated TO ndros that he (Carpenter wished An
dros to pass the money or not; II Carpenter gave
Young the money 10 deliver TO Andres, with the
intent that II should be fraudulaDty passed by him.
tbs offence IL complete. The jury should convict
II they believe that Carpenter. either Ill ec,ly or
through another. procured iscited induced,
selled Andres to pass the counterfeit note. They
should convict " they believe Young, with a guilty
knowledge obtained the money from Carpenter. to
be delivered to Andres by Carpenter's Instructions,
TO be passed even IL Young bought the money Of
Carpenter IL would not render Carpenter q prin-
ciFal In the crime Of forgery in the second degree,
there no intent to cheat defraud Young,
which is especial Ingredient In the offence Young.
IL guilty Of any offence could only, II tried be tried
principal IL the principal is convicted at any tms
before the evidence Is closed that the testimony
his conviction be presented tho jury 10 Il suf
hcient 10 10 not even necessary that tue principal
should be convictsd-the principal aud ACCESSORY
might have been included In the same Indictment and
tried nj the rame time.
tThe learned District Attorney had not concluded
bis address ~ the rising OF the court, at o'clock but
will resume Monday morning