The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-02-02
@Court rOyer ana Terminer.
Before Judge Edmonds and Aldermen Franklin AT
Copcklin

'e'01' 'uus0 Hu"'onuS suu aiuerRen frsnkhn ana
-, ,. ~noAn. ~
The IhiAL or SAMUEL Dhukf FoR AN ATTEMPT TO
Mokpeh 'hoMAe WARNER, ESQ, BY MEANS OF
FOURTH DAY.
FEB l-Counsel for defence sommsncea by saying
that this WAS one Of the most wonderful
and romantic cases that was ever presented in court
oflustoe He then proceeded to that the task OF
defending his client vas an easy that the prose
cuuon hao repasred nis situation SAFE and while he
would undertake to dsmonstrste the entire Innocence
OF his client, he would ask the patience Of the Jury
while he rejected on few strong features Of the
He then referred to the original statement Of this
anaiI ana sd tne oittner ne read 1t the more hs wss
9onvnesd OF tns isty OF the whole affair q, regarded
Drury Counsei tnen referred te the character Of
those wnom ne called conspirators In the case, and
ssked Why was not Thompson arrested on the
day that Dfury WAS was not necessary to show who
was that psrpetrated the offence 1t was enough for
them TO thow the evidence rails intnitsy short Of
proving Drury's guilt He then spoke sf the nature
ana current OF the testimony up TO the time OF
Drury's arrest ana tnen commenced snaiyzins the
testimony OF tns several Witnesses At consideraee
length and commentsd Win much severity upon ths
conduct ana cnarac,sr ei Mr waieer and the manner
In which he lett DIS mouse TOT Phadelp6a, as we'll Is
who knew nothing OF the transaction would treat his
family Counsel tnen argued the innocence OF his
cnsns hu h oh.h Upoe ", oa motive on MS part as
wen % the piooaoie gut OF otner parties, whom he
called upon the Dstics attorney TO prosecute lt Was
not the o! tne defence 70 nsnt their battle
They nsd called ior the trn,n and by the truth they
were Wnhpe 70 ssno OF an .
Mr. Dsvia ulInsm; acting at.Tiney General, taen
sid-In dischargng the duty which remained for him
TO perform, ana wncn was demsnied from him In THIS
case Dy every conndsrston OF puoic Justice and In
tne wnon ne nsd no private feelings OF
sympathy ON the one nAna OF vindicuvsness on the
other ne proceed 70 the case OF the pr
srner tne par dsvoia OF al the collateral issues
wnicn nao osen drn~n INTO IL oy tue counsel at the
other side and on the simple principles OF law and fact
wnicn ne woud or'ng FORWARD, tne Jury must decide
he STOOD In position most novel TO himsef Tor the
first time his career he stood before his
ienow citizens 10 IN the name OF pubic justice
convcIon con sgsns. .ns pnsSns. .; .hs par He would
not make any proeseios oi tne integrity OF mis- mo-
uves: ne ala not come before them ss volunteer to
ask the convicuon OF TINS man but ne was here be-
cause, unworthy ana una. tnouga ne may Dc, as the
representative pupc Jusce ana In tns performance
pubic duty 10 place before them sucn considers-
tions which they were to decide on are placed within
very small compass The simple question Is, whether
the prisoner the bar guilty Of the crime charged
against him; and he Mr O. had hoped, for the sake
Of public Justice, that the question would have been
confined TO that but the learned counsel on the other
tiae have been unwitDg to meet that issue from the
fret and have diverted the jury TO question OF con
sprscy aud to every other question but whether the
party ~as not guilty OF this charge He then de-
otrsted the llacy Of nsprsoy In this aud said
that he understood the object OF conspiracy 1t Is to
which is false If It were the object Of the parties 70
ennsp Drury to confession OF bs guilt does it foox
as necessary consequences, that the guilty party
should escapeY For ten or twenty years past, mesns
indirect In themselves have been invariably resorted
to- for the purpose OF detecting guilty persons; it
every days experience and they do not take up pa.
per without finding that the detection Of the most
beinous crimes In the community IL effected by
the means which the counsel for the defence seem
to be so indignant at In proof Of this he
referred TO the case OF Smith Davis the kon-yscksr
lie then proceeded to the alton Of ths facts OF
the case and said that, In doing 60 ne purPosed To
make two inquiries first IA Drury' by the evidences,
proved guilty OF this offence and secondly IL warner
proved 10 be guilty because u follows ~ necessary
consequence that the gult ct one Involves the nno
cence Of the other There 10 no dispute that the act
hs- been rerp-trn.ed tne main isots are not deniea
apd then PROCEEDED 10 hx the guit ON Tue prisoner In
eases OF this nature the nst inquiry wnch they would
naturally make Is concerning the relations which exist.
e1 between the parties tor number OF years, IL
bad Transacted an amoun, OF business Tor nim among
which we're some prosecutions IN n-ghboring county
dispute occurred concerning oii OF costs Tor pro-
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