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

Morton Wahan Thompson, Ssm,se s Dosy Joseph Cutler
and Jaoo, ~ KING for Conspiracy 70 Dstrald NE Stock
held>, Of the State Bank al Morris.
The Court opened at half past nine o'clock, A.
Rev, o. l.. kirtand sworu-knev Lambert Norton
from about three weeks after he 10 Morrstown;
pretty well acquainted with him. my opinion Wa
favorable 10 his character had no acquaintance win
him previous 10 his coming here impression OF his
being q confding strongi saw hlni trclueAtiy
MT freinrhuysen opened the summing up for the
defence He SAID stood under circumstances different
from what he did before in court OF justice. lie
stood not so nue. the position Of advocate the
friend those accused Of infamous crime and even
after the Indictment against them was read ne did no,
hesitate call them his frend, the Attorney ienrA
not ashamed to do yesterday in reference To at least
Of them They not only his friends, but the
fri nds Of whose memory he would ever cherish with
hlia affection lie appealed TO the intelligence Of the
jury whether these could be guilty Of the crime
with which they charged. An ignorant man might
b. able Judge OF isolated act but it the ntel
gent who could determine the character Of complicated
case comprising number of acts Before entering upon
the merits the case he had objections to make TO the
indictment 1t contained ten counts originally and all
struck out but two W the Supreme Court either be-
cause crime alleged overt act under the
conspiracy The frat and fourth alone remained These
held to be good and good but tue question
arises whether the cegGa aud probaa correspond;
in other words whether the proofs sustain the aega
tons Of these two good counts He submitted there
avsriance The corpus delicti was conspiracy to de-
fraud-sn agreement TO do unlawful thing by the
statute agreement TO do unlawful thing not
crime upless overt act proved The Indictment
alleged that the defendants conpired to deraut the
bank Of money, goods and chattel promissory notes.
and effects but an endorsement was not among any q
these II n liability, other counts afterwards
sat4d This point the supreme Court did not decide,
snd could tin the indictment presented before you
with the proofs produced sustain IL. Proving the
of Sandersous endorsement was not proving
intent to detraud the bank of money chattes and pro-
misery notes The conspiracy Therefore and the overt
entirely different The supreme Court did not
know but that the defendant might by the get
yosesson Of goods, money and cattels and the bank
lug house itself but the evidence turned
According I'd East. X c. l0,7 the crime and overt
act are two distinct things a. sustain each other
he tn.t fIps
Independent Of amy illegal act done in Of the
nspiraey. (Lewis' Criminal Law. 2ll; 18th Metcaf,
ia 1t necessary to set ut the offence perfect in IT.
and IL is necessary prove Ii. Archbolds Cri
H.! Peading page A. shows hat it is sufficient to
prove general agreement The several acts must be
proved any bet these and the al
CATION fatal to the indictment There is another
variance The fourth count says that it is piracy
tn deaud the president directors aud divers persons
unknown but it only proved in evidence that the
cited other authorities to show that the property OF
bank is the property Of the corporation aud not II ind
vidusls: lie quoted Mstealfe SOC and 5io Lewis cri
nina. Law 800 1t il held by these authorities that
though il not necessary to set out in Indictment
any Of the individuals in corporation yet individuals
set out. the allegation must be proved Thirdly
There variance in the allegations Of the indictment
from the evidence, in that the indictment taled
that the intent Of the conspirators to dcfraui
tie directors while part Of the proved by the
State wac that the defendants not acting direc
in the ndictme that Thompson insolvent Tais
had not been proved in court and therefore there
alleges that in order relieve sanderson
h- security his endorsement destroyed. Counsel
then cited the statute and Intended that its meaning
destroy the document to render It Incapable
OF being proved, TO cut out the name fo- example with
scissors to it with ink that it could not BE-
read " hat did they do? They merely scored the
doremerts leaving them perfectly lsgibie and not
only So but subjoned memorandum TO the to
say they did them; and also passed resolution in
their book 10 the effect Here then variance
that to the very gist If the offence He submitted
that the indictment therefore bad But it his
business to assume for the present that II good 1t
sweeping one afgng with all kinds Of fraud, but
wa really narrowed down to the two endorsements.
sand, had received considg and only
an accommodation endorser Egbfrt A Thompson got
the money for the drafts At that time the 25th Of Oco
Der there proof that the baak stock not per-
!c.ly g.od. IL alleged. the part OF the State.
that defrsud ,he bank that two OF the defend
came New the 30th Of October in con-
sequence tf conspiracy there formed. But he
to- dsd they for the purpose Of saving the bank
Thcy had heard Il the failure 81 the 50 nah BANK
snd rumors Of their being in danger They called the
meeting therefore, and all filed With alarm, till Col
Thomp-on came and told them that Sorons had
J. A. Thompson who would he mp day and tn Il all
right Their fears all removed for they all placed
Implicit con adence in + A. Thompson, hisnce
Rocking back Al this distance Of time THIS news they
considered rendered the arrangement unnecessary =
keep the bank ahost and ~s Ia evidence that bat for
that intelligence the draft would have been discounted
letter next day contrsd citing the of Col
Thompson and informing tho decio rs u r. Thompson
leaving New York The truth then flashed upon for
The time What did they do They a telegraph
ie nessse 10 ares. Ihoipson ana - put an sayerte
ueIt IN the newspapers warning the pubic that the
5,,, Of the State Bank at Morris not good The
at -- wing sander-on may hav, been unwss But was
i, at ith criminal intent AZ the time II was done
tkv behave, " A. Thompson to b. perfectly good. and
fI.,o~k az he n nix TO be good David sanderson
only mere accommc. sion endorser, and u was but
,iy,,.i -, him IA desre IN ave himself relieved when
b. saw the bank trouble v as nc sinner IN this
respcct above all others DO not jast' out IT'S nQ
Utu cal thing IL j. a. honest tlc aes :. man who
epsorses bin for which no receives no consderaop
sId rests the payment Il the bill l. not presented -
him within the tim" required by law or a. honest a: the
who takes advantage of the statute u limitations
and refuses " psy just debt Yet these are cases q
eycry DAY occurrence and person thinks the worse OF
the nan who thus takes advantage OF the law or ever
tfnsught Of accusing him u an infamous crime, Ana
knall these men trial be charged with Y because
bank failed not through theb fault but the fault u H.
Thompson Who owned ghths Of the stock "a
man in whom they reposed the utmost conhience and
not intend any wrong. Look at the case The IDEA Il
coneealnspt involved In every crime which y not the
result u sudden passion But the dei.ndin' spread
the crime on record II crime 1t They put 1t on
their very minutes thus making double testimony 10
prove their guilt Nor IL that all They Keep wtnes
act II consTirstors What Interest. ak had Doty,
and Cutler and King and All the rest q The ftniants
unsss saIderon alone ffthey ia not think the stock
secure would they not the losers by the opera
ton They bad motive but t. % themselves damage
~ we ecnu4i.sioh 81 VIZ rthe =. i, ~ - \.
thai they could commit VINO vas % be n = ~
jurrd' 4 A. Thompson. who Owned 90 shares Of The
2 sc0 cr seven dghths q the bank his Whole soc;
sas liable and he coulo have drawn DIVIDENDS until
The notss paid Tie dirct0rs, one aud al hal fal
ronndrnce in = A. 1homptn gu he Sl.t q .cio-
fcr and IL not ti the bifi bal foV n
that they filed with constraatl3n. But what
they felt next day. was no evidence % VIA. then
feelings we're On the Goth Bui f1r rroie n Thom9
o they would la We rot the drt Il $500 discounted
and that would have ket aaat ae chip the day before
next esy tlco co would not a. IT, At rfasus . re-
he bills q their counter, their credit va
rome Tie Attorney General lad dJvn n rather novel
doctrine De ssd tru.tse "a bound to take better
Of his trust than q hins'M ard q give prg.c
rcnce TO the trust claim his The las - TN.
country aud the common lAv run' parallel wih the a.
vine book which says itYe Jour rc ghOof yourself
hut nowhere says love him better tbtn yourself III.
debts on the book. were fl oS ~ There were bif a11