The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-25
Second Trial Of Jacob Shuster, alias Tom
Hand.

there was large attendance Of auditors:
Nh tnas.e sa 70 c"me here
expected them here yesterday morning, at ten o'clock
The CouRr-We will wait until eleven O'Clock.
Mr.. KEY am not sure that all Of them will be here
| by that time Some of them are present.
| Mr.. RApcLTFE-Could we not go on!
| The CoURr-We cannot entertain excuse any
longer.
Mr. RApcLrrE-we might go on with the wtnesse,
who present; others will soon be here, by-andby.
The CouRr-Mr Carlisle, are you ready in your case?
THAT Of Drayton and Sears, for stealing negrocsl
| Mr.. CARLIsLE-Not quite, sir
| The CouRr directed the Marshal to bring Shuster
into the room, and he was soon produced
The names Of thejury were then called, as follows,
viz Charles F. Wood John II. Simms w. H. Perkins,
| Henry Thicker, Nelson Robinson, Joseph II. Bryan,
Harvey Cruttenden, Charles P wannell, Almun Bald
win, u. w Oyster, and Washington Adams.
Mr.. Wannall when he came to " the book"
derstood to say that he had to some extent made up
his mind, or formed some opinion.
Mr. CARLISLE, of the counsel for the prisoner, re
marked that that made but little difference there
was great deal of evidence.
Not of the jurors challenged by the counsel
for the defence.
| The indictment was read as on the former trial,
| charging Jacob Shuster, alias Tom Hand with hay
| ing on the Sth day of November 1S4s, stolen the
diamond snuff box bottle Of ottar Of roses sword scab
bard, gold medals etc, from the National Gallery Of
| the Patent Office.
Mr. KEY, the District Attorney opened the case and
in the course Of his remarks he said that the
made out the part Of the United It ties; that tn
goods mentioned in the indictment proved to have
been stolen the Sh of November last The evidence
traced the property to the hands of the prisoner the
bar and in his custody and under his control. This
was Pro'eh nrst, ny Ills own aumission anu secondly
from tne evidence OF Henry b. Jones Ihe letters to
the President written in December 1S4s and in Fcbru
ny a, onerihg 70 return inc Jewels the government
OF the hsts OF deserters were taken from
the National Police Gazette were according to tho testi
mony written by SINISTER This being the case there can
be no doubt as guilt of the accused Independently
Of any other proof the jury believe the letters to be
IN ms handwritng these circumstances trace the pro-
pert to have been in his possession and by rule
of evidence and common sense unless witnesses are
brought 10 account I0r MS having possession OF the
property the guilt of Shuster is fixed upon him.
Mr. WARDEN, who is engaged in the Patent Office, and
nlr bLANEf exconstaDie OF Philadelphia; again testi-
fed as on the former trial the first as to the value of
the goods stolen, etc ana the second IN relation to
inc identty OF inc handwriting OF shuser alleged to
DC exbed In the letters to the President OF the Uni
travel over this ground
ana nred NIL Oh ,hs Jewels We're brought into court
M p . w, 1 .apie Va Vic Dis.rict attorney
Su IhAhLhs uLfN, new witness, having affirmed
'eS' rns;da as IL do ph;Sai M
30. -. s paia %no aih memper OF the BAR
a,e u hno~euse vi .ne nanuWr1ung OF the prisoner
- ~ Ter -; VIZ. ~. uus h"se received letters
| no doubt from variety of Observation-Disclosures '"' nave
| Mir. CARLrsLE-That is not sufficient evidence
| MIR KEY-You say that is not sufficient?
| Mr. CARLisLE-Unless there be a new law
MIR KrywIt 10 not necessary for n witness IN sce n
| man write; but if he has seen his handwriting it is
| equivalent to seeing him write
| Mr.. CAnLIsE-1here is no case in the book.
Mr. KEY insisted that such evidence was admissible
The CouRr remarked that merely having a let
ter sent to him. signed by another was not SUFFICIENT
evidence that the other wrote the letter He must corr
| respond with him. to know
| Mr. CARLISLE (smiling)-We could convict the Dis
trlct Attorney that sort OF evidence.
The CouRT-A man not being able to write a rood
hand might employ another person to do il for him
There must be CORES pondence kept up betw the
| parties or Il man must be seen to write
Mr. KEY to witness)-Haye you ever seen the hand
| writing of the prisoner!
Mr. GupiN-Yes in letter which he sent to the cx-
Mayor of Philadelphia, after a certain suit was de-
termined lie recovered u verdict Of one dollar on a
general issue; there special pleas
arrest of judgment; but letter was written to j. NJ
Scott Mayor Of the city in the prisoners handwriting
| The CoURT-Purporting to be in his handwriting.
MIR. GILpiN-It was returned to his counsel, / sup
| pose.
| Mr. CARLIsIE-You suppose
The CouRT-You never saw him write
| MIR. GILPIN-No. had correspondence with him
since 1S4l WINS not his counsel will give An illus
| tration
| MIR. CARLIsIE-Oh, no! If you were counsel on the
| other side il NAV have criticised your course
MIR. GiLpIs-There were matters within his know
| ledge alone
MIR CARIIsIE-How can the witness tell that,