The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-11

he knew Of.
Croes-exsmination continued-.He had known Rowe
as an acquaintance for eleven months; didn't know
he had any money; never knew him to have9 cent
gaughter); knew Of Woodruff being a good deal with
Railroad.
Defendants counsel offered to show that Emerson was
in prison in September 1851 and that Woodruff in
the habit Of visiting him. and called officer Jackson but
the Court ruled it out, as rreeyent)
Mr.. Sydney Stewart, Police Clerk and Justice elect
called. Mr.. Sandford-To what point? Mr.. Blunt.-I
prove that this the ink bottle taken from the
room, and the sediment is that Of black ink Collection
wn
brought to the Office during the examination Had tried
the sediment to day, and thought II was black.
Cross examincd.-Captain Turnbul or one OF the OIL
GERS brought 1t to him
Captain Turnbull was called, but did not answer.
The prisoners council proposed to submit the case
under the charge the Court but Mr. Blunt wished
answer some remarks already made and Mr.. Brady for
the defence summed up the District Attorney replying
on the part Of the prosecution.
Judge Beebe charged the jury In an extremely clear
and impartial manner The principal points to which he
csed their attention werefrs ms to the law. They had
convict on the uncorroboratcd testimony Of
pce and that rule undoubtedly the correct
They had then been told that the stery itself was ncon
sistent and contradictory and that had been CONTRA
dcted by the witnesses rs TO Capt Rowcs movements
at dinner time Whether the evidence Of the other
witnesses was confederation or contradiction 1t was
for them to judge They would not look upon the witness
In the light Of an ordinary witness on the stand;
contradictions discrepancies, If any, in his own
in ordinary witnesses. Had he been oorroborated
in any materisl fact which they would not believe ii
unsupported? The only circumstance which struck his
mind confederation Of the statement Of the boythe
only one bearing upon twas Captain Rowe standing Mt
the door and stating he had sent to the bank and
pectcd the money. They to judge; but 1t struck
his mind circumstance slightly corroborating the
statement that he gone the errand Of Captain
Rowe They had heard the explanation given, that the
mention Of n check mere subterfugc II resolved
itself into that material point the witness
ed to be contradcted as to his not having been In Lat
ng store before he purchased the bttcrs and II ne dd
net suspect anything wrong, 1t was strange nc should
not have turned to Rowe and asked him ior
money enough said he could not purchase the differs
The consideration of these points was anu
not that Of the Court. They were told again nc was
conradiced by Browne and so he was they recd on
that evidence but he free to say IL was very mus
tinct II the story had itscf semblnncc OF truth
would require slight corroboroon and the degree that
Il dni REQUIRE was element which entered intothis
case he offence serious and, II the testimony was
ooncuye they would spend sympathy on him usciessly
n. II yar once 20 difficult to guard against and so easily
pcrpetIat,d and punishment was too severe on the
Other hand being serious offence, they would care
fully weigh the evidence and judge to whether II
corroboratc cd, and how far consistent.
The jury retired. and we're absent little than
half hour when they returned into court with yer.
dict OF guilty.
The District Attorney then moved that the prisoner be
remauded aud inquired When counsel would BE ready 70