The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-30
Court Of oyer ANA Tcrmincr.
Before Judge Edwards and Aldermen lngersoll aud



Der. o-Tbe address 81 the Disrsior ArtoNEr on
the trial Of Cbas u. Carpenter IN continuation
TO surtsD the doctrine OF the legal proportions sub
m,t.d by the prosecution the District Attorney cited
Fosters crown Law, Koscoe's Criminal Evidence Rus
ssil on Crimes, WhartoDs American Criminal La~i 10
state Trials: Hussellk Rytns Crown ases; ana 1
Comftock's Reports lie then informed the Jury that
ON the alone they would receive the la~, aud
To them he jury belonged the exclusive power Of de-
Gliding on the facts OF tn. case Strange T. might sp
pear but yet tn. FIRST question TO be aus Serei
by the jury Is, lis Andres guilty. The i.~ I'm poses
the prosecution the necesfy OF proving that the
guilt Of the principal ne he T. called, shoud be trst
made manifest In an indictDeut Of this nature. the
prisoner has right TO show II he that the princ
pa g. not guilty and therefore, he should not be
vctes This privilege II given 10 Carpenter He has
not attempted 20 show Andros Innocence He insists
Tell.d TO prove Andres CUNT To your fstfscon the
prisoner insists that our very act shall render hin
worthless In your eyes The guilt of Andres ~ proved
by two modes: In the fret psce, Mir hiende the bro
her shows that the ten dollar Ocean Bsuk bill IL
counterfeit bin: that u Is altered bill you may
rem. m Der his stating that the space hilsd up by
the name Of the bank, The Ocean Bank vas ongi
bslly hlsd With come other name Th. piece VI test.
mony becomes i'm portspt When consider Carpsnter
share In the operation The jury you'd remember the
bill the~n 10 Nousg was not nlied up; Mr r~iu
shows the bill Was passed on him BY Andfos Aniros
a witness here states he passed the bali on Nr Cor
win In the second place the record OF the conviction
Of Andres In tn. Court Of sessions OF this city Is pro-
aucsd The guilt ~ Andres being made out 70 your
satissction the ,erious question pert submitted TO
you is Did the prisoner tarpeDter incte VI procure
Andres BY any mssos directly OF Indirectly, 70 ps,s
IL this charge proved answer you frankly BY &C
compces BY such witnesses ss the very nature OF the
alone permits us 20 use ! viii DOT conceal from
you To. that you revolt at the idea OF
convictipg such testimony bat warn you against
by your verdict prociamng the doctrine that you VIII
not convict under such circumstances N yOu refuse
20 convict you proc atm immunity 20 felons VI the
worst character; you can convict the MAKER OF the
counterfeit money found Nth pstss and other insru-
mepts, for the manufacture; you may convict the
wretch Who pssser the counterfeit bills but you VIII
allow to pace by uDhsrmed the man -no furnishes
In ahA ia ne ~ lee
coiner and the utteref although he be the prime mo-
YER the creator u all the vll@ny Yet becsuse he has
agnipst hi the very instruments he used Tor his VII
lspy, he shall not he punished lsse csse In tnis
very city man will be Unsigned land PROBABLY
the convictions would sho~ more than imag,"sionl
In THE city engage In the business Of receiving s~len
goods snd SECURING small fortune BY these M aus
The persons poJed by him o. rob his feov citizens
the graduates ~ the state prison His cscuisson
is that no jury would believe any man from prison
and Ter years he has the gauntlet Of the tag Al
lnstb of the state prison convicts Is psrdonsd
aud used a. a witness The usual assault is mad,
against him, but jury cobvics. add rds the commu
nifty of this nsrsuder The Law does not ssy GU sha
not believe an accomplish You have right to con
Wet on the uncorruborsted testimony Of an accom-
plce; but the Court will tell you that you should hi
careful in receiving suoh testimony II you are sshs
fed that the statement Of the sccumpce Is toe truth
you should convict. 10 matter entirely for your
own cobsciencee. The District Attorney then cited
the OF the People Costello DeniO Repotts 70
show that the jury might convict on the testimony
alone the accom- phce and showed that the dOcrins
81 the Supreme toUit was the sane a. isid d2wn oy
Lord Denmsn in England Bot, SAID the Dlstuct w
tofney siall not sss YOU TO cJnvict even tarPsner
he testimony 81 sccompfces uDsupP"fte1 % Otber
e,idsn will not ask an upright jury 10 put ths
sane confidence Ia the 6re OF state prison a. In the
pure aud unspott.d witness The prosecution vail re-
quiIe no such violence at your hands The case has
not besn placed before you In that light but hss been
by liberation Of tue strongest character
will pretend 20 Say that the prosecution MS cor
rubo5stop O The act ~ delivery OF tie morey from Car
renter to ieupg aud gupg 60 AUdros and Ut the
purposes Of that delivery The Law requires mo such
hing because then 70 would be unnecessary 90 use the
acc npce: but We viii caroborae the sccOmplices IA
material POINTS % that you have d0dOt Ot their
and strange 70 say the support Of tne truth