New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-27
Trial Of james Arlington Bennett.

On Saturday Horace +. CLARK, ESQ. counsel Tor
defense, summed up the case, in which he dealt
rath ar severely with the prosecutors Of his client,
and characterized the case as one made up en-.
trely fabricated Said he, set out with the deter
mination, that if found deception and iniquity, |
would lash i'll would expose it, and | care not
whether those engaged in it are feOns or conspira.
tors of any kind, or Attorney Generals, or Judges.
deem it my duty to lash ito show it up in its
true light This fabricating of crime is no new
thing as the records OF the Old Bailey will bear
witness. The testimony of young Anthoa has
nothing to do with this case. The ground assigned
for admitting this testimony was TO prove that an
intimacy existed between Bennett and Thompson
We have nothing to do with the fraud charged
against him; he is TO be tried Tor that. The coun-
sci said, young Anthons visit to Benefits was
prior to the lst Of November, and that is all l
want" Now we propose TO show that Thompson
laid this scheme forged this note and framed the
whole plot to bring this old man TO his death The
defense is that the note forged, the anonymous
letters written, and all 10 convict this Old man OF an
ANONYMOUS crime. Ashleys evidence was next
commented upon by the counsel, who claimed for
his client that it explained fully how the acqualnt-
ance between Bennett and Thompson was brought
about. The testimony OF Miss Bennett was alluded
TO as proving that Thompson seen coming
down from her fathers room, one day, when her
father was from home.
This was the only kind of evidence that could
ordinarily be given, he said to prove the loss OF
papers stolen from the place where they had been
deposited. The next testimony taken up was that
in reference 10 the anonymous letters IN reference
/ 10 which and the note he said Wilkes sent the
letter and note to the Mayor, writing Mr. Foster
and myself do not wait TO be their custOdans.
This said Mr.. Clark, was an attemptto mix up the
names Of Wilkes and a gentleman who had never
known him before. Mr.. Bennett not insane, said
4 4 INF frI.wa
moral or legal responsibility. | thought it my
duty to show the peculiarites OF his character.
That he is eccentric there is no doubt; bat that
makes the conspiracy against him more infamous.
called him shattered. | take back tine express
sion because it offended him. and | will call him a
heart broken man, for heartbro he is |
showed character here, not because it was one of
those nicely balanced cases which render it neces-
sary, but | showed his character so that he might
20 out of this Court erect Such a character could
not he proven by one in thousand know what
is the object OF this conspiracy, but will denOunce
il so long as have voice 10 do so. Perhaps they
thought this man might be a witness against them
1t has not unfrequenty happened that men have
been murdered to prevent their being witnesses
Where all is falsehoOd-where prosecution starts
with a lie, and proceeds with lie, it ought to die
an ignOmnious death.
David Graham, Esq. summed up for prosecution.
After speaking of the Jury duty 10 Judge from
merit, without passion, he said, "As these success
sive indictments have come on for ulal-and this is
the ourth-it has been the effort OF the defense TO
fssten crime upon another man. The defense IN
Drury's trial was, that Thompson was the guilty
one. Case was tried and Thompson was charged
by the defense rs the perpetrator OF the crime
Ashley was indicted and tried, and his oifense was
attempted TO be fastened upon Thompson. and now,
the fourth trial Mr.. Bennett is indicted and Thomp-
son is also charged the perpetrator OF the ohense
| Thompson was tried in a neighboring county, and
Upon the testimony OF all those parties who accuse
! HIM, and who were examined as witnesses against
him the jury acquitted him. Mr. Graham con-
! cluded by close dissection of the evidence, and
edured the Jury TO give such verdict as their con-
sciences would approve.
/ The Recorder charged the jury in a few brief re-
marks. be said the case had been so fully and 90
| ably summed up by the counsel on both sides. that
be should simply scqut himself Of his duty in calling
the attention OF the jury TO few OF the facts of the
case, and the law applicable thereto. He here
named the charge as set forth in the Indictment and
called the attention OF the jury the theory Of the
prosecution, well that OF the defense As 70
the question OF Ashleys testimony he instructed
the jury that he was perfectly competent witness
/ whose evidence they are bound TO receive Hesaid
In reference % the manner in which the p-osec1.
ton was got up, that he regretted to hear the
counsel for the defense assai the conduct of Mr.
Wilkes. twas his duty, as it would be the dutv
OF any citizen, 10 make known 70 the authorities
anything which came 20 his knowledge sho wing the
existence Of crime Passing to the TESTIMONY ofthe
defense, the Recorder said, that never during his
Judicial career, had he ever seen such character
proven for any person accused at bar Of Justice as
had this defendant proven. The number and char
acter of the witnesses were both such as 70 entitle
them to the greatest respect.
The jury were out about 20 minutes, when thew
| returned into Court with verdict of-not guilty:
/ When the verdict was announced there was round
OF applause given by the audience. Mr.. Bennett
low gave bail in the sum Of 81, 900 to appear s,r
trial on the other indictment against him and 40
was released from custody and in company with
his children, left the court room.
NAyAL.-The U 5. sloOpOfwar Vincennes sailed