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

bert Norton David sanderson and others ut the Cir
cult Court at Morrstown the gath inst Judge Ogden
delivered the following charge, for which had not
room in Thursdays Impression
Gentlemen Of the JuryThe seriousness Of this issue
requires that you should fully understand the import Of
the terms employed by the State in framing legal
charge against these defendants. Language may be
used In the ordinary Of men, and In common
parance, which implies criminal intent, and the
same language, when embodied in penal enactment,
taken with the context in defining and declaring Of
fence against the public involves the presence OF cor
rupt and wicked purpose The term conspirator pre-
sents TO the mind the image of wicked and dangerous
man, and the charge Of conspiracy Is calculated to
progresses public sentiment with foregone conclusion
Of criminality To conspire in the primary
Of the verb ito breathe together Ito agree" Ito con-
between one or more persons-a concurrence TO reach
one end-a banding together for honest or dishonest
purposes. conspiracy In law, is IAN agreement be-
tween two persons to do unlawful act with
evil nentn Parties cannot legally be convicted of the
crime Of conspiracy unless they be proved beyond
tion to have entered into unhoy concert 10 d.
unlawful thing The Testimony should be sufficiently
clear and convincing to overcome all proper charitable
differences Of motives all claims to favorable condera
tion based upon previously well spent lives, and TO sa
tisfy impartial unprejudiced intelligent and conscen
tious jurors that beyond peradventure offence ha
been committed. Upon such proofs jury should con
vict Although the crime be Infamous; although 1t BE-
catagued with blasphemy and robbery and forgery and
aconvict oft until pardoned from the witness
stand, yet is offence against which the community
protected by law. The legal consequences Of
crime should lead jurors to calm, cool, and digent
investigation and application Of the testimony adduced
but such with proprey be pressed
upon jury as furnishing an excuse for the non-per
formance Of their plain duty or as make weight In
the balance against the influences Of truth. The de-
fepdants in this Indictment six individuals who
connected with the administration Of the State Bank at
Morris at the period Of its late failure Some Of them
have held honorable posts Of trust under the
ment Of Staesome have pursued the even tenor OF
their way in the unobtrusve walks Of private life,
joyipg the confidence Of all with whom they have mu-
gledone Is comparative stranger in this county led
here to partake in the active management o the affairs
Of that ur fortunate institution without breath of
suspiciOn furnishing his and during his
short sojourn in this community having won the favor
associated contributing his time and ability to teach
in imparting instruction in your Sunday schools and
habtuslly going up to the house Of God, eemingy
sincere worshpper to confess his sins to acknowledge
the fraty and weakness Of human nature to pray for
spiritual aid. and to cast his reliance for safe deliver
ance in the great and final change upon the
OF Judge whose simple requirement OF mercy Is that
he should do justly love mercy, and walk humby with
our God The defendants one and all, claim, that in
judging OF the evidence upon which conviction is
asked against them, you should look upon their past
lives before you stamp the impress OF fraud ard corrup
ton upon the acts which charged upon them Some
Of them have called upon gentlemen Of high respectable
lty In State well acquainted with the estimate In
which they were held in their respective neighbor-
hoods and amcng those with whom they are joined in
the intercourse Of society inform you Of the
plexion cf the characters which they have established
Others Of them having passe In your midst from child
hood through the meridian Of life, aud declining
into the shade of waning have abstaned from
senting witnesses to testify to their good fame not be
they shrunk from that exhibition but because In
the Judgment Of their counsel, the clear brancy
hected from an honorable, open aud well spent life
would be marred rather than heightened in by
any superadded lustre That claim upon your consiie
ration gentlemen is legitimate one Conspiracy, as
crime involves moral obliquity II cannot be formed
and executed without the agency Of corrupt aud wicked
purposes IL must be conceived in sim and be brought
forth in inquity. Hence these defendants justly
ask you when judging Of their rover to pause and re-
fleet whether th,y capable Of making at stride
such wide departure from the path OF recitudc Good
character is not permitted TO override convincing proofs
Because man may have led sn uncorrupt life and
have done nothing but what lawful and right still
he II not be assumed infabe Some of the purrst
minds In evil hour have been tempted to the concep
tion and commission Of crimes Very many Of the un-
fortunate inmates of prisons can bitterly reflect
upon the period Of their first criminal transgr sion and
with honesty can say that up to that action OF their e
they sustained fair reputation Cha racter may under
certain circumstances avail the accused. In unfolding
the principles o moral conduct where motive for CON-
mittipg the crime charged subject Of inference the
offence and intention become principal ingredient
and the proof leave the case in some doubt presump
ton may be received that the person who has main
tanned fair reputation dosn to certain period would
net then begn 20 act dishonest and unworthy part
The course Of transgresson generally progressive IL
first deveopes itsr In the commission Of small crimes
and .mbold.ned BY success IL aspnes to lofter efforts
While, the one hand, II the facts produced upon
criminal trial such 20 satisfy the Jurors mind of
the guilt OF the accused character weyer excellent y
subject for confederation the other and any
doubt enersiped of the guilt of party his previous
good character shculd stand him Ia hand In his hour
of peril man with well earned high reputation Tor
integrity and elevated bearing in the circles In which he
though poor Ia worldly estate, is rich In valu
able acquisition which should aid him beyond ths power
Of gold silver In the hour Of adversely aud accusatOn
while he whose good name y Is gone, u poor poor,
indeed" Ycu gentlemen, t. judge. upon view OF
this whole whether there d.fendant whose charac
ters bad been previously unbemshed have or have not
ccmfncd the osnce for which they have here been call
ed upon lhe facts Of the being before you
and the Law fettng the character 81 the indictment
and circumstance, whsthsr tha defcndapts had any
rminal design In taking Mr Sanderson's' name from
The note suppose that they had been indicted upon
the sixty ninth act 81 the Revised Statutes, found ia
TsCe 17 for destroying the endorsements of Mr. sandr
upon those notes Is there sufficient evidence before
you carry clear conviction your minds that they
nIaciously acted in that matter. with intern to pfc
judice, irsure, damspe, d.fraud the bank ur any
other psrson, The learned Judge then eutered into
sfsttmcDt ~ the charge against the defendants, the
nature Of the cass, aud rceeptuaied the testimony
lie also advtrtsd o. the objections t. the n1etn"ut
ard ssid they we're uneua6le aud then prtc"rded =
There prcof Il any agreement, gentlemen. except
the reiution pasrsd the night a The 10Th q octp5r
II true that three q the directors we're that dsy an
New York but that fact alone u net evidnco q any cor
fupt dtsign has also proved that y. heard
talk NJ the hotel In CUulsndt street but that couvr
satcn rather directed i0waru- toe saving a the
hank than the defraudiug of the stockhcicr., That
her, any sgrccmsnt therefore, At Ncs York, ne
tween those three dscudant docs not aprea unics eu
ctme g. the conclusion that the set charged in The IN
dic,meni wss done when ih'J returned 90 MHrisltWn
in CunsequVrce II prpcuncyft Ihi- wput b. harsh
eonclusion. Two o. th"a cane w in Nsgoni ~
Thompson remained behind. Why did he d. co. u Y
misfortune that the found u sary 70 involve
all the parties la the indictment - r. that o eoud
not give any explanation a the conduct ana motives u
another The state could wt ect otherrsE, but u
u misfortune in the nid Col Tbcmraos slgy hc-
bind n New York for the purose q ~ ~
about the failure 81 the bank nnl uphCdmv ~ cre
dit did lie suy behind In Carr " cover the tracks 81
thofe who vent before. ad IN order tho beor T. carry
out the alleged conspiracy In the ahsencr 4 rron %
the contrary, u u your duty gonilemtn tc drnw fyey
charitable favprnbe Inference g. tho contuct q
the accused On the arrival q tie diendaeis sandcr
and Norton meeting n the directors was called
The first business talked a tho diculhfs of the
bank The reports calculated 70 r.e we're
discussed. snd nstters locked gloomy rut thc newa
brought by Col 1hompf0n, deriysdfrom iAan Norton
son q the president ia references 10 y y Thnmpon az
peCd those fears They all iraglcitly roics upon this
strnnger, who had wormsd biulscn ioio a. ter cona.
dtrcs, and made them irstrvnenta (innocf ~ IN
ttrunents, hcpc) Ia producing tho downfall oi the
bank lie plausible a Ans sppeaTauee and tasi
atibg manners and he intncci Gcreral Cutler and lr
Dciy 70 b. directors. 1hsy vi beleycd IN him Ater
this matter vas disposed ~ Morton stated That sander
ton had hi3 tharts of geh In the bank a. Collateral So
curity Tor bic endoreanJat upSn two notes = v ~
Thompson amounting %. is COO and Il agreed upon
btwten them Gays prcvous that the stock should
he transferred to the haD lieu q Sanderon endorse
mem 10 tlaN NJ go skUF