The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-29

the morning Of the 3Ist for payment Of its bills
that they expected by the gentleman from New
York. who would make everything straght-was this
sincere OF was Il an evasion to put of the creditors till
the directors paid themselves and took all the available
fundst The directors all remained there and doubt
waited with anxiety till they received letter that r. A.
Thompson would not come and that he had to Gin
cnnau to look after the affairs Of The bank there and
LEFT them here to do the best they could They
changed their minds about the and they took II for
they helped themselves. But the question Is did
they take anything that not their own II they
paid themselves first, however open this might be to
criticism, in moral and honorable point OF view. II
does not amount to a criminal offence in itself. 1t
is only civil injury. 1t is not crime per Sc, unless
1t is part Of precedent plan, though II must
be confessed it mprudent under the
II is true the minority Of stockholders entitled to
the faithful discharge of duty by the directors; but
must you necessarily believe or can you nationally infer
that those directors intended in that proceeding to
cheat those shareholders? Bill holders and depoSors
also entitled to thfupess at the hands Of those direc
tors but must you necessarily believe you ration
ally infer that those persons having each, within few
short weeks. individually sworn that he would do and
perform all the duties assigned TO him as director
that he would far upon him depends, conduct the
affairs 4 the bank with justice and impsrtiay and that
he would not do suffer any fraud embezzemen Of
the property Of the bank or Of person dealing there
with intended in the proceedings Of the 3oth Of Oct,
lssa to Prejudice defaud bill holder or other
creditor Of that institution! II the whole diligently
examined and carefully (nay may not say to picked
jury Christian prayerully) ed does pro-
due that conviction your minds the present ndict
ment cannot be sustained If the ingredient be wanting
which is necessary to constitute the offence an act
which is the object cf conspiracy agreement to do
that act cannot make in contemplation Of law, un
lawful and malicious conspiracy. You perceive gentle
men, that the whole Is to be disposed Of by your de-
termination Of the motive Of the defendants. The act
done either lawful. least, but civil in
fraudulent malicious and corrupt, according to
the intent which moved to and consummated II.
II has been urged that Mr.. Sanderson had a pc
cunisry interest to sdvance-that he may have over
drawn without consideration upon Il A Thompson's
paper TO the amount Of $4,000, held by the bank and
that he corrupty attempted in that agreement to
absence
such declared intent IL shoud be remembered by you
that at the next meeting, when immediate
supposed TO be necessary for the convenience of the
bank he proposed to put his with others the
back OF the draft q H. A. Thompson made upon stran
ger for $4,000 No pecunaiy motive charged against
any Of the others, IL their joint act corrupt they
have passed with magnetic velocity from the bright ways
d honesty 10 the devious paths Of fraud and IN the con-
sequences o that act have learned to their the
bitter Lesson, that the Of the transgresor IL hard
However mprudent unadvised and needless their
cuct may have been yet II II be purged OF fraud IL may
MT b. criminal. v neither parties Who In the Sc
quel. may have suffered pecuniary loss from their
act can ms istain actions for civil injuries Is not
a question for to settle; would Affirmative
tett,nent Of it, fasten crime upon these defendants
There another matter The subsequent failure of the
bank oueh affect your dec ION unless you be-
eve the fendans previously knew It. There nothing
about which there 50 much ~ the failure Of
bank II has been said that the public expectation
demands victims. But hope that this feeling will never
sway jury in the county Of Morris. Public expects-
ton u founded on pr,judce-founded on personal nte
rest-t Is reliable. You not there for the pur-
pose of weighing public expectation but for weighing
justice III the baihnce. antlUnsneu Dy tue ncur
that have air sdy detained you great while. aud
that your patience usy we'll nigh be exhausted There
many facts to which have not adverted on the
tide and the other; but which, nevertheless not
without their signihcaBcy You will examine and apply
them to the case cannot fully commit this case to
you without expressing my deep interest in the result.
Called the ot events to preside IL this temple
of Justice have tho misfortune TO meet mt her bar,
individuals whom have favorabiy known from my early
youth-somc through the ordinary intercourse of life
by the univsrsa testimony o their immediate
ASSOCIATES ard one a. a member of profession which
honor That under such circumstances, should have
been stls to maintain. with n firm and unwsvering
thread the pathway between the majesty II the Law aud
my accused friends, "A duty hard TO be performed
but trust gentlemen, that have succeeded The
is with YOU 10 vs. the of honest Hves, n
shrouded in gloom, and suspicious and accusations.
Deliberate patiently and we'll before you determine At
all IL. justice b. fully done; and may such light
be cast upon your path viii enable la the fearless
ard honest discharge Of this most important duty to
reach with satisfaction to yourselves verdict which
will m the accused up from the dust return them puri
fed from cminaity 10 their families, and enable them
pass tn. remnant of their days with upfted counte
among honest and virtuous men.