The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-22
s,a..is si5T :. -
PRICE TWO CENTS.

n Inr oft bss Skaks vol 4
~ Unvt .r.;rs, uo.t =, -, sss,1s n. * r S,,-
Court ON Commended ~ ;rda,ars. ~ ssss,.nt h.a
conssssd ;,d.-.sn, 20 ,n ns;.ss~' S - -m~ss1ss--.
ma ~ H. T. ~ ;, ' ,s 49,. "i1 sppsss.on ~ 80 -
cronns tba, The se6ds III ~ ,hs n,s,r 49, -
ssis;n,g -. ;asaar. :; VIZ pa ~ ~. ls'ue, ~. -
@ =, .h ne. t - s oelDg ovesu :"
shss 4. wras 49, e. a I.. ~. =. - VI. ~ no.- ,c e.vao
lent no money hut mote ~ thru nsrt, , 6
from rom MN 70 defendant Yet the Court hetd that the
as ~. ~. ia.' n psovps R M .nss nov my " svoru
70 monty ien' Du. "hen harvcy Dayton, Win cncA
ta,,;ns b; ,h, - % h ' ~ 4; =, s s ~. "a ~ ~
ins nm .n"t y was casn, ~ 70 oo arisSneu Ior per
49, 2 , 80 ~ . w on ai.e"1y fuo.eo' 1eersf.s ~. '
.h aDa ,h % q y - % ~ h S,o az. psea o.'s l,sscu -
ora .ha anu ned ere no reason ~n ts notcs o. Other Per
mhar M, IN, " ~ .ne s'nc ~sy. ny cus-
~ $3.50, 10 o''s Noou. ~hon 20 N uSn nns oeeh SaH wess
= any o.nsr po'es y =. ne 'ae tney were uepossea
x Sh InpSon Y m anu .ne aInuavN wsssworn TEn AZ.
.hecIs -. = % n s3orn' oy .ne Cashier oI pana, tnn.
,v - ,h ~, ana Wy sworh 70 IN ms returns noS
c,ny,s tbav wsrs NJ IN v, - lsey weIe sPece
tilted check was cash Ia that admitted hv coun..I
Attorney Gencral-No. for the cash was not in III,
bank
Mr. Pennington There were securities
Attorney General-That is just the distinction Ii
there WAS cash in the bank the certified check would
Mr. Pennington This u drawing r.ther fine for the
Attorney General Of the State Of New Jer.ey Then o.
the check of Harvey Dayton $4,000 over whicl
the counsel for State so eoated This was certified
and Il was net the less he was the cashe
himself and because he only could draw the fur ds 10
that check TO AK 10 convict Harvey DAYTON upon sue
grounds i nm abu. Of the pubs iustic. Of the count
of Morris and the State Of New Jersey Blu
The ne.t question ii wb.tber the h,I,s and chacLs
and other securities were bonn GJe the proprrty OF
lie h.rI II ,bay ., ,h nr"nr; ~ ~ ~ ~ ppy ~ y ~ -
were,,,c ia II. rronertv II ! man own horss ~ /.
Iopa 6d his horse IN the prosecutor was actnated ouy
ty public zeal why did he indulge in such camor and
Why he sneer at such man as Edward Condit who
l. nov on he verge Of the grave,
Mr. Lte-I must now insist upon the gentleman teit-
ing jury what be means will not permit \ stranger
here fl ON another county, mpugn motives Let him
say what he means
Mr. Pennngton-I know nothing but from the gentle
man Is own conduct in this court
Judge--No such Inference can BE- drawn from ths
words or conduct of the prosec and counsel must
not repeat those obser,a ,ations
MIR Liitla-If there be anything l want to kuow Whist
IL H. shrink no responsibility either before this
jury or anywhere else Psssc uton has been rvsort to
this prosecution CONNIE need to frown down
every person connected with il.
Mr. Pennington then went on to show that Harvey
DAYTON had no motive to commit the cri.ae charged
against him in the indictment and concluded by calling
on the jury 10 try and Judge Harvey Dayton as they
would be tried and iud ged the msclves
A. r,- -. .,.aa... 1., 49,, o.a,, -
~, iner ,ne A',Yiney .sneIa, lnsn prosseeu 70
% ~ ~ En-. ~ ~ siu ~ e'ne me sne.s 49,, ~ ,,o ~
& s. al - wy ..epe I'm
u" "as 70 aiu & III ~ .ne 1
Posl'e haa huuBcu III t,ae against tns SIass.
Issaiung nsr ra'her a. mehs,er ,han lhe ossu.ui
i'c sis = nv nu 49, MS.
charged ms associate w,th corruption in ina
, - Wv '.a.e W .n,s na.'el, hpPon,eu % n
~ .ne .o",, .ne spsciai pIoSsou.o. ara 'onu "
ans, r., na1 nopS 'u ,ha ne .,r usv ~ ms o,,nita
u', 80 n',ssa.J - s' 10. - 80 !, s..",y,'
x xa ~ Ju'aee oe uone, ~ wn.n i " az az az is 80
hn, % NY a. a, a ~ v h na rd1 '
81 ,n 80 4, , ~, % m,, ~, P iaar ~ :, oonsa,;,.n..
- =. y -. - ~, ~ - % -. ~ - ~ -, i Srs ~ .i,, ~ 80
rnr,an, h,,, y i,,,Io al % rh lir,e canr, h.w. nnaa;
unon tbs nr,astx ~ uaIchinc b.nEipc ;ns,i,ntions
NJ NJ r.. - -, sy -, :, =. os - ;s s I,aa.s y, % - .,"l
and then ,ra.asI,d 10 iscs ,be intenion uh;eh vas
,ae...a,y H. sa,s,i,n,a . ari,aa u.rvay nav,aa 80
nv ,hyr nn in - ~, ' M ,,a%t & ~ -, ;,r ~ % Nm, in
eli v"u inI, ., ,h intsnt ssom the .,t n l. IN,
sa,ae In .,rne 20 ,a,rsr %om MI, ,sh.,h.r !, i
,,,r.," 80 ,oa,, ,,a,r a., 49, ,.s 4, shiah q, i
done The ;ury ,n,t NOT ~ led away Inv The eoauen.s
!, i ~; uy n,a. & ny " 1 a awS ~ Wy , ~
Am xar,,.,s sn,~si - mn nrr;nais snd ,h.,,
fr,l,pgs 81 fr,. usrf indeed had inch eases b.come
~. X 81 eu.n., .s m'steu ~ haa sun ~, ~ ,,
,a,ac onn In ~ ,,ashas !, hraaLs :, Nr tsirar
then went on 10 dircuss tic nature Of cash lie sad
Wh,, l. .ash In ~. yan,, ~ n.nl |. moi xh.t a,t
ma, agree to make 40 be, ween 1hemseyes What thew
sgrce upon il binding bstwe.n TEN but does not bind
other side has no hearing uoon mi trsns.ction II an
individual agrees 10 trrat ahouc or horse s cash In
dealing bet him and nv other Individual the law
ui r. IA il as such though eyerybody thar for
banking purposes neither on, nor the other is cash In
the case cited there hank, capital and in that
respect bears simude to the prc,eIt case IL was
evidence there wcr, two or thiee LAWYERS
st the meeting the 18th August, and when wss
pr posed include banking house in the cash APT
al they thought rather close nsnciering when
the travels TO London he roe. rather far TO az
certain meaning ~ cash lie rus outsi, the c.up
cCullock merely says that cash IN commerce. nsans
ready money bills checks or drafts OF bonds. or
Whatever paper Is Immediately convertible into cad.
and Is in the posesse n OF an individual This was a,
commerce, and referred to the stock of . mer-
chant. The learned gentleman went cite prece-
dens, and then the language of the affidavit
All turn upon the affidavit The question Is what
did the defendant mean The law required that
should made like that OF the state
Bank Morris for the protection of society But &C
cording to the counsel there Is the law
person he convicted upon IT, whether he swears truly
falsely This was the ahSurdity to which counssl
would lead them Tho only Interpretation (couuse
sought to put ON the affidavit what they put it
thoms.lyts the 18th of August Counsel has asked
vas IL probable that they would do this and that
The whole thing strange that u was Impossible to
determine what the wouid do or not do ~ A.
1hompeon thought that the banking house might be
garded each, but the others would not swallow
20 g1eat absurdfy M that far rs they were pre-
psftd to 60 Complaints had been made tine hard
hip Of allowing the defe ndaut to into and
tell h own story This truly n terrible oppression
The books written either gnorantly or de-
sEneuy OF ho,h IN such way that nobody could
nie.ts'"au tn,ni anu yeS couns"i cemphins OF
n"1ton p'lnE showed 70 give ms explanation oi Them
~ ~ Va sNen Nltnout eonPulion, ana v r the baE %
~, III - y, couus' n'fe ieal nc ueposuon.H ~
.he Nonls'ion'rs anu men PrOceencdt 70