The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-26

the country ask the hopes Of the father and the
YOU all know received the highest Testimonials OF cha
rac er To you they unnecessary There Is no evil
Of character given by Col Cutler The aged man
stands Ike y rock unmoved admire tbs course taken
by him. Neither he his noble son, would psrmit
single witness to be called The old man said II my
character long known to my fellow citizens does not
protect let it gov This is what he said and
would do the tomorrow, If were in his place The
other gentlemen strangers to you Who ever heard
aught against DR. Doty, No living David sanderson
the only other defendant lie is not here professional
but is one who has represented the State OF New
jersey in her councils and has passed through lie as
stage proprietor and the proprietor OF various hotels
business which above all others is calculated to test
honest man fIe has brought his neghbors from the
three places in viii III he lived zabsthtoyn So ner
vile and the White Houseo testify TO his character
leave this with you and II there os any DOUBT IN
to the dants hope you VIII give the beneht OF
i. 10 them and tbs irs
The Hon Mr. Miller then followed the side
lie said i. for him say how this bank got
up But the present defendants had gained nothing BY
it. first or last Ii there any crime in the case,
Thompson the real cuprt who had aosconde witn
s2 eco Of the bills and escaped in the smoke and nre
while the attention Of the public turned towards
the bank itse and the directors there assembled VINO
were trying reach the who ruined the bank Their
misfortune was and their crime that they allowed
themselves to be appointed directors under hun Ihey
did not away ike Thompson who took to the me un
taius and put the Aleghauies between him aud danger
1t was no crime for honest to be deceived by q
rogue; and such the case OF thu defendants VINO
was IL that the bank, Not King nor any OF those
accused They had only five shares each with The cx
ception of Col Cutler Who it that got up moon
shine bank, broke 1t. IL had been truly
Attorney General. Whenever individual buys bank,
lis object IL to break it. Thompson never had an idea
Of permanently carrying OF this bank The transactions
the Goth Ct October not the dark spot The acts
the directors that night were like day pared
with the ether transactions that broke this bank Is
Thompson be permitted 20 at large and TO be com
promised with by getting back from him the SO 900,
las this State no claim on him, All. gentlemen While
the hawk is abroad the State is tempting to catch
doves. Did they fy ike rats. from sinking ship The
idea Of charging Jacob VI King If Of the revolt
onay heroes with conspiracy to cheat was prepote-
rous Would sancerson do It "a man VINO mas, from
hdcnee Of all Norton stranger but, for the short
time he here, he the confidence Of everybody
l. likely that be would from the prayer meeting and
the house Of God, to conspiracy to cheat anc defraui
his neigh bors'
After some further observations the learned gentle
man concluded and the Court adJou ned Tor dinner
AFTERNOON SESSION
Mr ASA WHITEHEAD closed the summing up for the
defence lie asked the jury would the men charged in
this indictment who had passed through long life Of
fifty sixty years, be likely by single act to blast
that character they descended to the and that
without any assgnalle motive, That the act of cancel
ling the enforcement committed Is not denied but
the conspiracy to do 1t with intent 10 daud has not
been proved and cannot be proved for no such con-
spiracy existed Conspiracy implies preconcert TO
do something Illegal, and arrangement about the
means to carry ii 1t has not been shown that David
Sanderson approached of the directors with
view obtain their vote to rob the State Bank at Morris
The charge amounts to nothing ess But Sanderson and
Norton and William Thompson were in New York on the
erssing these endorsements Was it necessary to 50
New York for that purpose Whether was this more
probable that they about the failure Of the
Susquthannsh Bank, Of whose notes to the amount Of
$4,000 they were owners II had been contended
that the meeting Of the Both Of October was held
for the purpose of making the erasure What evil
dence there of that Was there any proof,
any previous arrangement: to that effect No-the
true object to devise measures for the relief
Of the bank which then in trouble. There was no
evidence whatever that three out Of the five who met
the evening Of the Goth Of October had heard
thing Of the till after Col Thompson the sixth
director in. If taeir OBJ to consummats
ecnprscy could they not easily have done it in more
secret cautious way But this not their object an
they therefore acted openly and aboyeboarl. lie adj
mitted that Mr. Sanderson had interest in having his
name erased from the notes az he thought Mr
quite right In doing II highly c0mmsniabe
In lin 10 get rid Of so heavy pecnniary responsibility
$4,000 The question was whether the directors
would dtfraud the bank the effect OF which would b. to
dsfraud themselves Col Cutler had lO6 shares which
worth $1,000 at par value Would he lend him
self 10 the Preparation Of wicked act the result OF
which involved the loss Of this very property Seven
eghh Of the stock belonged to f. A. Thompson aud the
directors concluded that for his own sake and in order
make money h. would look after It, and that making
money for himself lie would make money for them too
II they intended any fraud would they have been so in
iig,aiit as they were when they found Thompson had
fed and would they have sent telsgraphc despatch, 10
him and 70 prevent the going into circula
on The learned counsel argued At considerable length
against the probability q the defendants being guilty
the act laid TO their charge
tn. for the d. nee here closed
Mr Little then proceeded 10 close the for the
State II. said that history had at least furnished
in which son had by the beauty Of his person.
the tandness Of hs and the smoothnesS Of hi
tongue stole the hearts OF the people from the allegiance
they owed to his father, their sovereign The crimi
nal records II thi, State bad also furnished similar
smples, and be the representative Of their
veTegn the State New Jersey whom they all owed
glance to them against being scduced By the
siren eloquenee to which they had listened lie felt
de- ply embarrassed having TO follow three learned
sci. Who had eDsavurcd 10 lead away the jury from the
path If duty His object was 10 call them bacx 10 the
Yain question submitted to their decision. An awfrl
picture had been drawn Of the conse aeaces aud the
coassqueIc.s he admitted awful In the extreme.
but the jury box no place for the consideration Of
cons.querc.s. The solemn duty of jury 70 inquire
into the truth. and pronounce Its decision accordingly
without reference to consequences Bot waen the elo
Quenee Of the advocate i permitted to seduce tie heart
SIN IL alleri,nce 10 the law-when the common
ard honorable sympathies of our nature are per-
riitted TO warp the INSTRUMENTATION the Imagination
j. lCt loose to con5ure up ingenious devices ~
which tc e-ade the Ilan meaning Of the law, aud
Jurors assume the province Of the Legislature, the
light q trial by Jury becomes an eapy moes meek 7,
subnlt the matter 10 your dcc-ion-not because you
symrathse with the defendants or would trhe WITH
their rghs but because Of their confidence IN your Ia
,egrity nrrnncfs. and independence And now whN y
Tie tileuce for which the defendants stand indicted
gf;upt n All technical ngaage Il IA - That. the
0h day II October isi9 being directors ~ the state
Tans AZ Morris an incorporated bank 81 this state tAsy
eousprsi sgrtd tosether, u destroy part q the
securities # the NIX ~ cTang the name CT sanlef-
son Il their number. from two prcmSory note,
shch the property q the bank and bat thsy ~
I tie only question. Everything that does not tend 10
some legitiu way 70 tlUcldate tbs point j. heTy
ard NUT tend confuse your mind aud draR them oa
nom the impartial consideration q the true Issue A.
il j. prime pie q law that the dniants are y Pc Pre-.
suirsd innoccIt til tnry nBBa guilty y u proved
s,,ilv iyeta reasonable doubt the STATE ~ right
ID enaud that the citizen who has dsrs Arle4 her la
aE9 asonortd her nsgt should bear the penalty " TIE
law not merely the Jast desert 4 lis con uc but ~
warnirr 10 other Never forget that the Law y q b.
p administered a. that q shall b. beth praise 70 then
that g. we'll auJ terror q evil d9ers Counsel then
preceded notice The objections % tao indictment aai
I'D they had al bc.n already settled W tue supreme
Court Ia Iris very cause Hlar whst i says On IN g.
nfsi nature ~ Tie indictment, AMI on the particular
node by which tie dcstfucoD q tie eador nya. 49,
1 Elected
II wa insisted the part n The lsf,nlAnt TIA.
lie offence q conspiracy u existed ~ tie camm1u
hw Il atrocattd by The tatde 20 Ncw Jtrcvs anl se
crrdly. that IL Tie law offence q IS
st exists was further Insisted that the facts ohsrs
IN the indictment constitute no c nee 81 The common
law Tie argument proceeds On The ass44ption thsi
The set cons tird ~ u dglc uQt In isf criminal
There i nothing the fsce n thf statute which, either
fft cts or ~ i&lr Duplication hhr9gaes the cpmmpn
Law crrce n co1spracy ny IT, law q th state The
] In tr'fa r. 40 NJ ~