The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-26


SIXTH DAY.
NAY & The evidence in this case being all in
up III. evidence Mr. Clark. counsel for the defen-
dsnt in opening his address to the jury said that
had hoped, whom he proposed to let his go the
jury without the summing up of counsel, that the
prosecution would have acceded to that proposal And
tssid hel when one of your own number, gentle
men OF the jury made an ntimation expressive of
your desire to have the closed did hope that
MIR. Bennett would have been permitted to go home
without the iormality Of verdict at your hands,
thought he was entitled to his discharge But do
not find fault with the prosecution for pursuing the
course they have felt called upon to adopt There
gentlemen. some peculiar circumstances connected
with this case. Some six months ago, this community
was startled with the announcement that there
had been discovered and brought to light by person
known the editor of newspaper in this city called
"Drury gapg,n were heralded from Maine TO Georgia
Drrry was arrested. and was retained. with Mr..
Whiting and Mr. Morris to act as his counsel or Mr..
Drury l have nothing more to say. but that he
must await the-sometimes slow, but sure-pro-
cess of the law. In the course of the investiga-
tons preceding the trial Of Mr. Drury, there were
some circumstances which made il necessary to
connect Mr. Bennet's name with them n wit
ness In regard to this case, l am free to say
that had suspicion in my mind-it was
pcion He had engaged Mr.. Whiting, who
count OF illness could not attend; and Mr. Jordan,
who would otherwise have taken charge of the defence
was called away. As entered the court ROOM the
morning of the commencement Of the trial heard the
defendant say, James Arlington Bennett will defend
James Arlington BENNETT and thought to myself
ought James Arlington Bennett TO defend James Ar
hngton hennet. or ought even stranger to defend
him i felt that there a wrong about to be per-
petrated against individual but did not interfere
Soon after heard an offer made to introduce certain
Dony nous letters. spoke to Mr. Bennett to tell him
that the letters had better not be put in till their
authorship proven. 1t at this point that the
cour. ussreo me 10 .ahe cnarse Oh TINS case am
Attorney General. The prosecution must make out
case that not only proves CUNT put disproVes inno-
cence. cannot see ina. 'hey nave proven that the
note was a forgery. i have no doubt that the bank
originany over .ns sgn M was extractedi tnat
r t hs ~ ,h nrosn.n,;o on ,e ret
Ter. nut nave the prosecution pro'ent hiight not
soe VI 'ne pelso, So, ~ nase
openea WIN Mr. roster ana thus got
LIS h. Is Proten " a.. snow .ha' benhet
ever had anything 70 40 win II ui " nxes ana ms
. w. ~ @ III nnu ne.e 1e
mony when Mr. Byrne frst came upon the stand and
Iounu mat MT benne' hau oeen ms cient sus-
peo,u aaa IN ne 'u aS ho ~, acteu ba. am
Sonvinseu '1a. ne .oiu wy .ru'n e oonicsseu ,uas
ne neo 70 pen1eei pa: was unueL na
Mnste person ~ Weah JuuSmen, nsns .hink was
month prior to the 10th OF November Mr. Bennst
askeo nm ~ He wouiu unuer'aAe me coi,ecOon OF
Occasion be about the collection Of note against
person o1' on .ne ssa'e ANU st oe INJURY ABOUT
the law OF hmnauon. NOW, the prosecution n claim
That the note 10 which ne referred But nave they
proven IL! Ihey nave NOT. Inc question should
have been Is this the note Here Is proof clear and
positive that could not he TINS note TO which refe
renee made. lie asked about the statute of liIn-
taton, and this note had been due but about year
This proves to my mind that those who do set about
prosecuting this old had not fully made up their
minds what kind Of note should be forged when they
sent him to ak these questions The counsel here
ftrred to the letter which Foster wrote to Bennett and
which he lodged with Byrncs, who was acting as his
counsel This was perfectly inn scent transaction
The truth was, Bennett wanted loan aLdAshey whom
he had seen at Byrnes Office, younteeredto procure it
for him Now, gentlemen, said he, standing alone, is
there anything suspicious in this case! The coun-
sci here proceeded to review the testimony Of Byrnes
till ut length Gyrnes said. have received letter
homes man. 1t is of no consequence was directed
to ask that question by Fields and other dsreputabs
men. Perhaps he did not mention the name OF Ashley
out Of respect to Mr. Byrnes whose client Ashley
Again on the eth of January, Bennett said to Byrnes
am going to ask you question: and you may answer It
not The prosecution have made something wonder
fully mysterious of this but the was simply this
Fields had directed him to ask the question it was
whether he had received letter from the West.
Byrnes told him no He lied again for he had the note
In his possession from the 10th of November. Now is
1t probable that If Mr.. Eennet had been guilty he
hin Just enough TO place him in his power. There
two counts in the Indictment for making this
note and another for utterng it, When did he utter
It, and where lie the proof that he made 1t. Now
put this note and this letter into the hands Of any
will laugh outright at the hallow device The letter
rvsd) The letter. in referring TO the note, men
tions the cum Of 5000, whereas the amount Of the
note Is $1,000. This Is an ar,ihial crime, you know
real crime when you see IT. Complaints in cases
OF real crime come rom the sufferers But from
whom do these complaints Gomez Who has lost
cent on THIS note The note came TO hand on the
iolh on novsmoer byrnes ava not snow IL to Bennet,
rua ne ~, NOV ~ 70 nsn.y. ne says ne woua nave
mel was 30 out ne uio not snow " TO MIN byrnes did
vol rresen, .he ho,o ana say ne never would nave
oohe'o. nncre' 'nen, "hs ,hs utNrehce' cannot
ulseotr thompson go." 70 byfhes once next day,
ana mere comes IN hooo on ngnt upon the case On
,be l'.h oil November MT one-hyea thompson comes
IN ana re seems AZ once 20 know an about the note
ne ssys nenne' oia " am ms son oa ,ne n,nng up
ne nalu u vas osais done, oosstsed that inc fabric
on 'ne paper was aner "a. y. ,ne 'op anu tne poVom
ne sis1 y, onee usso'e,sa .ne OF. oi paper pasted
o W, 'ne paes VI ne no'e. 'vu So g-n.ae" ne Knew
All aoont ~ thompson, the immscutate- who has
ei.'en ,po c'mens emVi'honeu On nis canner ben-
net h.u ihoMpson Wea- az Neisnce anu ths ~ the
ny M! W az ny my pt psnhc' suu away No
pne WY ala no' ana go 20 the ponce
v,os- anu nsNe sonpis.u' "nee vas the note from
nc i.ti VI Nu..tur, III Tue IN oi January Dld
psIn,s n",eN plu Anonpson haNoH VA "ukcs
nav uon care VINO nao ~ according 70 thsr
owu no was mnue, out III, a-d OF De-
eumper Wlkes mseu byrnss Tor INC note How dii ne
~ y" nnep hnoN ne nhu " uohot pene We ne iorsedit
WY or le.'er anu ne treated
"ys. a. any JIM letters oI tnaI khu
nv to.N 10 no.,ce OF ". hi.sr SOM une mr. "nkes
cohes 70 tne Nayor anu hskeu MIN ne had not
~