The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-22

slider that Il ss necessary to sdd anything to the a.
son: S.. II. @ssnus o. sss
statute w.s that n. bssinnins Of providing means
constitutsd tho offence lie thsnee argued that evi-
dence that the expedition wasN arrisd On was good
evidence Of such intention
prosecution, submitted motion fer subp@ns to Mr.
Hunton for copies Of letter from Mr. Clayton and
order VAS granted, and Mr. Hunton stated that he
would deliver the papers when desired Mr. henderson
then proceeded to the two counsel the other
side on points under the present discussion. Those
gentlemen agreed in the position that the acts OF de-
lining With mere intention completed the crminsty.
must be proved. At this point, Mr. Henderson was
interrupted with request from some OF the jury 70 be
&c should render his decision in writing having minute
OF all the points and suthoritiss made and he would
permit the jury to go about thsir business provlsea
The jury thereupon, retired, and Mr.. Hsnaerson 70.
ruined his argument which he continued till hafpast
he had and arguing that the answer OF the oPpo
site side with oil the ability Of those gentlsmen had
without following Mr. Henderson at length through
the argument the following are the leading PROPOSE
That incipisnt acts with mere intent, towards the
carrying into effect an expedition, were not criminal
under the statute, communication being requisite to
constitute the offence and since there was no aver
ment of such contamination in the Indictment, the
prosecution had right to introduce evidence to
prove that an expedition was 10 fact made
That incipent acts with intent sufficient
to constitute the offence, yet special sverment Of
such intent was also necessary; and since there was
not such averment, they could not intrs
duce evidence to show such intent.
That, under the vague general charge of having pro-
vided means without specification OF the steamer
Creole means intended to be proved, they had NO
right to preve his having had any thing to do with
furnishing ssd steamer
In the course of his remarks. Mr. Henderson, usti
lying his having before somewhat discreitsd opin
ion casually intimated on one occasion by Judge
story referred TO singe case, in which Judge Story
had, himself overruled two Of his own previous do
cisons, and remarked that few lawyers would proba
bly, regard him as doing injustice to the memory OF
that distDg uiehed man he should say that he had
probably committed mistakes than any other two
judges on the bench, and possessed more learning
than any other ten.
Mr. Benjamin expressed the hope that in render
ing it's decision the points at issue In the morning
the Court would settle the principles which the in
PRODUCTION of evidence in this trial to proceed that
they might have rule to guide their future pro-
secution Of the Judge McCaleb said he would
do far full decision of the points which hal
been raised in the argument would tor that pur
pose.
THE EXPLOSION THE KNOXVILLE.
Shortly before the adjournment Of the Court, the
granddaughter against John +. Harris, captain George
p. G. Oldham, clerk and John p. johnson, engineer,
of the steamboat Knoxville Also atrus bill assinrs
j. z. Harrison, on charge Of fraudulently obtaining
letter They then discharged till next Monday
week, with the understanding, however, that they
should meet again If summoned.