The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-05-07

Morris in which he narrated Smiths conversation
all street when he alleged he going to Brooklyn
to have counterfeit money put a man The whole
testimony in reference to the alluded to- and
the Judge said Now, gentlemen you to determine
nom all the evidence, whether this preconeerted
scheme Then you must md out whether Dir Drury
knew that these bills bad for if there was NO
guilty knowledge there ia have before remarked
end OF this But VI YOU convinced that he knew
the bills bad and that he about to utter them
either himself OF through agents he must be conve ted
In where suspected OF crime has, for long
SERIES of years cluded the vigilance OF the law il might
be excuabe 10 contrve the means Of consicng hm but
not in a like this. where is accused Of
another crime You are 10 judge, from hs gene
raj conduct, whether II his intention TO keep
OF the theory Of the prosecution, that Drury fur
nish. d the means TO purchase the dollar bills
from which these bills made, and that his who
under his control WAS sent 10 Bristol for them
What do the prosecution in reference to the things
found at Astoria Why, that they found dies aud
9th, art clcs connected in way with counterfeit
ing they do intend to urge anything except the
dies proof Of guilt The dies, and Mr. Drury's pos
session OF them is explained by several witnesses Az to
the 50 taken from Drurys house there evidence
that he it. All the money found his person
good Mrs Thompsons testimony next re-
viewed and special attention called to that part Il 1t
atrg TO Drurys visit TO fhompson's house The theory
of the defence in relation To this is that il part Of
scheme OF conspiracy TO convict Drury Judge next
Mr prury then said am sorry those notes are lost,
for they good once and now accused Of having
stolen them" The prosecution would infer from this
that Mr.. Drury knew what those notes The de-
fence L. that Mr. Lexow mistaken in reference to
what was said, that Mr. Drury said he was sorry the
notes were stolen for they might be good ones. Dir.
Lexow undoubtedly means to state facts but he may
have misunderstood Mr. Drury We have daily instances
OF anding of what is said. The weight of
beers in reference TO what said seems 10 be with
the defence. What a says in his de-
fence is generally no. alowed in testimony for it
would be- unsafe TO allow prisoners. in this way,
to make defence. But there is this distinction,
that what man says when he is first arrested,
before he has had time to deliberate may be given.
Now, il this was concerted scheme on the part Of
Tho npson and those who associated with him, to
convict Drury and be true that he knew nothing of
their charac then not only is Drury gui it
presents case u moet unparalleled atrocy Of an
drayor 10 get up case against an innocent man Part
OF the theory OF the defence L. that Drury led to be-
eve that these bills lot Of uncurren money which
lie desired Mr. Drry to exchange for him in Wall street
The ution urge thai this most improbable
piaee 10 meet for such purpose Now the lips OF the
defendant sealed and he cannot testify to what
the ARRANGEMENT was upon which they met Judge g.
again reminded the jury thai the defendant be
condemned upon conjecture s,,picon but that the
prosecution must make out their afirmstvcly If
there reasonable doubts entertained by the jurors
the benefit Of such doubts to be- given to the defen
dants After stating two law points at the
quest Of counsel which wac that the bill must
identified the same named in the indictment, the
presiding judge submitted the saying he had great
satisfaction in KNOWN that he so submitted to not
only an honest but an intelligent jury.
After some twenty minutes the jury returned with
verdict of not guilty
lock ofge satisfaction pervsded the court
at the Ct the verdict and Judge Green
wood said he felt il incumbent him say the jury
that the Court most heartily concurred in the verdict
they had just rendered Mr. Drury was then formally
die harged.
Mr.. trury. addressing the ury)-Gentlemen Of the
jury please accept my heartfelt thanks AS for my per-
soouturs leave them to their worst enemies namely
their own feelings.
The District Attorney moved the court that a
role T,osY be entered on each Of four ndict mens for
similar OBJ TO the just disposed of The Court
granted the motion and ordered that the indictments be
disposed Of
NORA typogrs phical error occurred in the testi-
mony Of Mrs Ashley published in yesterdays Herah.
Mrs. A. is made to say Mr. Drury first spoke to
about tcetfyiug' 1t should read, MIR. Duryea first
spoke to me-" SC tbs but just to Dir Drury that this
should Be corrected. While the subject of
rors, IL may be a. wei to say that Saturday
morning last, allusion was made to the matter of
the counsel the defence otjectng to James NJ
this MT Smith, il appears had taken offence at
sonnet hing reported in A New York paper" said by
the counsel for the defence Mr. Clark corrected the
report in court and stated in terms what he said the
occasion referred to- IL has been intmated that the
port in the Ecd incoir rect Thi- j. not true The
report published in the Herald Of the lat instant
true report Of what sad in reply to the PROPOSE
ton just the presiding Judge apparently about
decide upon the application Of Gen Duryes to admit
Mr. Smith In order that there may be- mistake about
the mattere give the paragraph again reported at
th at time. Here IL j. 49,
Mr. Clark-In relation t. that If the Court please,
desire TO be heard, but at the proper time When the
evidence Is all in and the time for summing up the
arrives propose to word but protest. Mt the
present time s-sinst the introduction Of Mr. Smith int
this now We have objection any reputable
counsellor any not in the private interests Of these
this will all be matter for consideration at the proper
time.
On the correctness Of this the reporter who gave it,
Is willing at any time to be qualified. REPORTER