The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-22

q
| The Court then took . for dinner.
Mr.. Frelinghuysen, when the court resumed In the
afternoon session replied the part of the defence lie
said his client was charged with crime second only to
one othtr-a crime Of enormous magnitude which will
send the defendant to State prison IL convicted and
which will unman and degra&s hin :. rever He and
1t was with great pleasure be listened the maiden
speech of the gentleman which equally ingenious
and eloquent IL was the first time he had done battle
for the State Of New Jersey and the effort was highly
credtsble to him But he sorry to the learned
sn1 m 70 o. ine Jury and lug
the crime for which Harvey Dayton charged whe-
ther Egbcft A. Thompson was scapegoat, or whether
the directors had lined their pockets whether the
community had been flooded with paper money, One
would think he was intimately related to the hero of
New Orleans did he appear with banks In
the abstract The question not any Of these but
whether Harvey Dayton had sworn falsely and corrupt
~ as in the case Of Mr. Keran of New York or
they took 81 the share and notes at four months
for the balance Egbert A Thompson purchased
ne paid what he (counsel) considered. and would
assume, was cash What difference did it make that he
had the money previously deposited in the State Bank
The operation would have been the II it had been
deposiied In the Morris County Bank. The defendant
but that the bank had $40 0o0 for banking purposes II
the dictionary Is quoted cash means ready money,
money IN bank; but 4 the law be quoted they do not
other side forgot to give legal definition but he (Mr
held that bank bills Of other banks paying specie
certified checks cash 1t did not hard money
Their own witness proved that in his annual statement
made on oath, he always entered the notes Of other
banks cash and also the bills Of individuals not yet
due. Wood and Nermlyea both said that they wouli
not receive the bills OF the Susquehannah deposit
Neither would they receive the bills OF Western New
York and Pennsy lvana. The Why the banks do
not receive them is regard for self
they with to circulate their own notes but that f,ct
does not lessen the value OF the notes Judge Condt
received s. COO Of that money, and tells that he
bad no expectation Of re.loaning that sum. lie told
another fact lie said the money received generally
throughout the city Ii Is easy to cry mad dog that
the suquehanrah Bank broken but at the time
affidavit it cash not trash All the State
has sLowni Is that the bills from aud
half discount. The certified check Of bank is good
as the bills of that bank whether the has any
money in IL or not. The State are not bound TO call
upon David Anderson to prove there money in the
bank to his credit to pay the checks he drew the
business OF the STATE TO the negative Much
has been laid the words bona fde and it contend
ed that because the bank failed afterwards therefore the
affidavit OF the defendant i false. The books OF the
bank on which they rely false, and entries ,de
on the 3lt Of August OF matters which occurred before
the 18th of August There not particle OF evidence
that the Protection Insurance Company Of Somervle
was not in good credit any other institution in the
country on the 10Th Of August Dayton not to blame
there any hing wrong, for he not judge, but
wa acting under Norton. who the President, and
the proper officer to determine what securities good
Eut all the allegations of the State trne they
would be only the threshold Of this case. 1t
necessary TO show that he only falsely but
that he intended 10 falsely. II appeared from
Archhod $40 that the perjury must be deliberate and
wilful and in Roeco T6S, aid that IL
be corrupt. The counsel for the State mi.appled the
principle Of law in reference deliberate swearing
II did not TO take time and do slowly but inten-
tionally for man might be year meditating
thing and mistake 1t afterwards: and he TO it,
II would BE- no perjury whereas. man might tn
thing that true. and commit perjury For instance
! might that Daniel Webster in Newark
That would BE- perjury though Daniel Webster
there. Tor be counse did know whether he wa or
1t admitted by counsel on the other side that
Harvey Dayton the 18th OF August would
70 the fact that there capital of ut least $4,000
the bank. why Because bis conscience told him the
full amount not there Yet this H. the yagabond
the Cain that ought TO be branded with of
my. Here Dayton burst into tears There thou
sands Of innocent ignorant Of tn. nature Of bank
rg who surrounded by president and directors and
four lawyer, ah urging them to swear. would have
touched the hook. The State does not want such
man Harvey Dayton for the nrst victim. Here
the defendant burst into tears What interest
had Harvey Dayton in the bank! Just five shares An
~onldh has. committed this enormous crirs II he is
guilty then the men by whom he rrounded when
he made The Affidavit the directors who assented IT,
guty eisubornnton oi perjury Yet they are not in-
dicied for this crime IL the lefnd ndant felt he
guilty then he would lave made the books up that
guilt; but on their face they bear evidence Of the very
reverse. Again be taken into privatc aud
he ~as examined hy commissioners and ho sisted the
whole story from beginning to end. and IL IL upon his
dispositions slon, that the have particle
evidence against hm-a particle Of proof Of what the
peal TO The feelings of the jur and expressing hope
that they would believe his ceut only chaigeable
with mistake, aud not guilty Of So bcinous crime
The Court then adjourned till Friday.
FOURTH DAY
Faib.y, june 70, 1851
Mr. Pennington addressed the jury the defence at
the opening o the Court this morning lie said My
pr,hension is that shall rather weaken than strengthen
the eloquent argument Il my asaooate II rvoyes upnn
me- however to close the the part of the defcn.
The monentous consequences Of a conviction have lsn
pointed out All that he holds dear on earth i at stage
ard will he lest by your verdict of guilty In that
y were better he were never born; better being born
that lis wife were now widow than that he should be-
discarded from society and his trchcad branded with
the mark of Cain the prosecutor asks you to do I
ask no favor nt your hands only ask that you should
rghrd his conduct In swearing the AFFIDAVIT, uo1
CARDS IT, lie is not indicted for ea technicsl perjury
but for wiu corrupt perjury he Il TO be tried BY
prejudices nor BY public cinmor no matter from what
qunrter ~ may aud matter by whom instigatcd
lie II not to &c made the victim of any mans malice
vengeance lie u 20 b. tried the single isolated ISSUE
wh.thcr he J. guilty of the crime laid In this indictment
Whatever may he The zeal Of the public prosecutor the
defendant j. not here To defend his whole life; aud ia
material 10 this ssuc whether the the state
rHnk at Morris the notes Of the Ss.quehannah Bank
were r'de' nshle at par hsll not follow the gentle.
ma o Tom river nor to 10 defend the chare.
ter IT fgbert A. Thompson, wbom verify believe to BE-
A. honest man a. any In this country am not here
10 defend my client against the inaammatory haranrue
of the gentleman who h probably Influenced by the
novelty a his position aud perhaps by other causes
there h.irg power hshind tn thrcne greater than the
Mr. Little (consiiersby eveitedI will not submit to
this any longer. I have borne IL too long I sm not
rn 70 iss n tSs pea "%pT 20 ann n oaa ana
throns.
Judge -Counssi j. entitled to protection, and must
not have imprv;sr motives imputed 10 him.
Mr. Little II win no, permit H. have net the op
portunity ~ reply else should stand up now But
IA he repeats those observations 4 chsll brand him BE-.
fore the public aud call him % account fur H. have
beard II this thing before " has been rumored abroad
Court.-Don't mind that.
Mr. Ilttr.--i know what he means. think and
sm rvady to explain. wapt him to state what he
means, aud shall give ample explanation IL he
to gain his cause by bullying and browbeatng the
eel Tor the pruFccuton he places himself the
level With the man vhoss posit ion do not envy.
Court The counsel must be considered 10 position
not to have personal otiyes imputed lie has been s2
pointed public prosecutor.
Sir Pennington u have no doubt OF his being sp.
pointed by authority.
Mr. Liite.-Yes and you ssd I Influenced by
stne person behind the throne ! am Influenced by ~
human being am willing 10 bear much as counsel
ought 60 bear bore yesterday more than ought from
the other counsel
MIR Frelirghuyscn.--I have imputed no motives e.
YOU
Mt Little You aid not opcrly but oovertly, because
you had none to mpute
Mr.. .frelnehuysen-Nhy, the gentleman Il quarrel.
rs sl round and striking ~ everybody that be-