The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-05

post in that body But he len u for moro ample held
end found In your city, where hs y well known to you
oil NJ high minded member Of the profession
In his nature Of intentional wrong any human being
Since then have only seen him twice until the
fail Of 1885, but been ignorant OF his high po
sition here earned It has BEEN by life Of honorable
toll Others there may be who have entitled themselves
TO good name and to an equal share Of public
fdspcc but there arc none who can, for themselves,
claim better fame ..-.r sat In the pro-
fsion and nothing In the has
in the least degree confidence in his honor into
gritty. Judge yc, whether the remarks to which hav3
here alluded just In their application or worthy Of
the source from whence they came There Is another
II matter Of personal rather than public con-
have some dclicacy in taking the least notice Of
friendly that confess have strong desire to carry
home with your good wishes and for that purpose
aone may be INDUCED In saying that you all mast rc-
member that while the senior opening the
defence by anattsck officer of this Court and
lie was dcnsunced in unmeasurcd terms, according TO
the views q the speaker you told that the Court
sanctioned the unlawful expedition the treasury of
the United Statesn You will remember ALSO that every
eye except that of the speaker fixed tho point OF
personal assault You may remember too that the OBJ
joct Of that attack bitter and unkind was sat in
silence week has elapsed and still the shaft Is left
When this Is over expect to leave you perhaps
for ever and desire TO carry back to my home your
friendship and confidence, there is but favor
jury tn place these unmerlted remarks by the side
OF the testimony Of BURNETT and let them both
be stricken from tho case. Perhaps you may say
that 1t was NY duty to have stopped all that por
ton Of the argument which related to the law OF the
case, done recently by of the most learned
judges ofthc Supreme Court. Judge Curtis Perhaps L
should have done so but moments reflection you will
seewhy let tho argument proceed This is not my
Judicial district, and am here in obedience to the
law which has called mo- and am stranger to the
jury, did not wish to appear to assume power
winch others might suppose belonged 10 you. hare
heard all And again was equally disposed to give
t. these defendants every benefit of what their e
might by any possibility, conceive for their bsncat
hence the indulg encc has been chccrfully granted
and l repeat what cannot be too often repeated
that the defendants entitled TO every rel-
sonable doubt arising out OF the testimony Now.
gentlemen. have endcavorcd to dispose Of many Of
the difficulties and embarrassmeuts which have hung
around this case and in obsoured the real
merits which are indeed important TO these defend
ants and TO the country In this humble effort. hope
that have aided you and rendered your task some
what less responsible ywih and my object have been
present to you only the real question to be tried 1t
question Of fact merely Give yourselves no trouble
and no anxiety about anything eso but the facts in the
Gaze Have the allegations in this indictment been
proved! This oil This is put to YOU to be de-
cided its mcrts-on the truth of tho allegations
contained in the Indictment as they are laid in one or
any Of the counts except the nineteenth You will Of
course remember that yon are New York Jury en-
panncled here and not IN Orleans in Mississip
p knowing you do that your verdict must be accord
ing to the evidence given in court single word as to
the facts =
!. From the evidence, you must be satisfied, beyond
any reasonable doubt that persons were combined to
begin set foot military expedition in the city of
New York, TO be carried from thence against terri
tory, with which the United States at peace.
ii. IT. from the evidence you find such combination
agreement have made or understood by them
than what any OF those persons may have said
done in relation to the expedition becomes evidence
against all
Ill The proof must establish in your minds that tho
expedition enterprise military enterprise and
evidence showing that the ends and objects hostile
forcibe against nation ut peace with the United
States then 1t Is to all intents and purposes military
expedition.
iv. The prosecution is bound to prove that act of
beginning setting foot that the wore pro-
vded, or procured within the Southern District of Now
York
" You must be sat sed from the evidence that these
defendants have done these act participated in their
being done before you return your verdict against
them
Tho testimony is now before you and that portion of
1t which has been presented through Mr. Johannisson tho
interpreter. in manner acceptable to both parties,
requires your careful attention. To show you the
important principle involved in the invaluable right
OF a jury trial, and as that right Is to be pre-
served nvioate, shall leave the evidence in your
hands, without naming witness, commenting
upon any OF tho testimony, either written parol
1t Is province to weigh that evidence and apply
the law construed to that testimony and return
your verdict accordingly Prejudccs you should have
none; they are unworthy Of such and such
Paraities you cannot entertain because oath
bids their indulgence You not to convict acqut
because those accused great small men, but
only because the evidence OF the makes duty
plain The law Is respectcr Of persons and glory
of land is that in the hands Of upright jury tho
administration of justice reaches tho high and tho low
the rich and the poor with unerrng equality The law
never punhes to nlict wound The real objects are
10 reform tho individual and prevent others Ike
offences that life property and character may made
secure To conclude will only say, do your duty to
The govcrnment-do your duty 10 tho accused without
those who may have violate yor laws Let the evidence
in court and your conscience be your guide This will
give you rest and peace.
The jury retired about half past l. o'clock. midday
and at O'Clock in the evening not having agreed
called into court and described yesterday HERALD
discharged