The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-05-19

CRIMINAL COURT FOR THE DISTRICT OF
COLUMBIA
REPORTED FOR TUE rupusLIc.1
FIFTY FOURTH pAY-Txe,dsy. May

readers of the Repubiic the conclusion OF the evil.
dence IN this interesting trial Alter the termina-
ton of the ,svidence some three or four days we're
expended in adjusting wnat lawyers call "bills oil
sxception'-thas 10 to say, where certain offer ia
made by party TO give certain evidence, and the
other party objects to the evidence, and the court
on what il to be principles Of Ia w. re ecrs the
proffercd evidence, to which decision the party
Offering the evidence takes exception, with the
view Of having the decision reviewed BY a higher
court.
These bills of exception being disposed of-al Of
which In this case we're allowed to be filed after
they had undergone certain modification
Mr' MAY desired to know whether there were
any prayers Tor instructions in the case
Mr.. CARLISLE intimated that that woud demand
point of law. '
Mr.. MAY Then we understand that. "a YOU
tnlnk at present, there will be no prayers for any
instructions. ~
Mr.. CARLISLE. Not now
Mr.. BRADLEY. Isuppose that, if we differ upon
any point OF law, your honor will put us right
The CouRr. You do not ask for any instructions
now. That 10 all that have at prescn to do with
MIR. CAsLIsLs II we anticipated that any in
sIueuohs were necessary now, we should ask for
mem DOW. hat ~ Ill we have TO say.
Mr. BRADLEY. We thought at one time tba, there
was going to be a wide difference between u.s. but
we understand now pretty well what is the state OF
the matter.
The DIsrsIcr ATTORNEY We thought AZ one
time that there might be prayers TOR instructions
MI bRAoLsV And we thought at one time tina
you were very lar astray; but we find that you are
coming nearer right now "It ia never too late 10
repent" "
Nj FENoALL. Gentlemen of the Jury: I re-.
Jol0s 'oat AZ last We are before you-before you,
genuemen' who stand to this trial, in the relation
toInis trfai, not only as guardians of the public
treasure, but "a guardians of the public honor
Inc length OF time which has been occupied in
TINS Prosecution-from the finding of the rndct
ment nearl y two years ago-the magnitude of the
h;~h
belong DIT, the yigisnt attention with which il
has been and continues to be REGARDED by the
whole people of this Repuhlic-these considerations
psrrllf, III they do not require, that before examin
ing the evidence offered in this case | should mo-
tlce, as briefly may be, the Efforts made in the
nearing OF the jury and elsewhere to represent
Inis prosecution as persecution. Persecution I
lbat Id strange cry in this free land There
have been countries, and even the country from
"nleh our laws and Institutions and to some ex-
TENT, our manners are derived, in which State pro.
we're peTst cations, in which prosecutions
c0uia De got up at the bidding of a tyrant or the
SOLICITATION OF favorite-unhappy times in which
Judges were the tools of tyranrs and iuries the
tools OF Judges! In days like these, miserable in
deed was the condition of the accused, But these
times are now happily changed Prosecutions in
these United States are the acts of the people
themselves through their appointed agents-acts
instituted and vindicated by their own laws The
accused, so Tar from being without counsel has
ever In the criminal history of this country had
the right OF counsel-a right which ia granted TO
him IN all our federal courts by an express oroyi
sion OF the Constitution of the United States
These unhappy days are al changed in tbese re
spects. So lar from the accused being dependent
upon the caprice of judge to aid in his defence,
the Judge who would undertake to act az counsel
Tor the accused would be liable to censureas if
be acted as counsel Tor the prosecution
There Is nothing in the history of this countrv-
nothing at least IN the history of prusec utions-
that subjects Them to the impuiation of being per-
solutions and such imputation even if well Dc.
would | feel So
Jury because, gentlemen, however YOU miyht
be satisfied that there bad been a snirit oF
persecution eylnced by the Government of the
country or by its officers so far as related 10 thi.
prosecution, although you would hold tbs.n ons
and all amenaole 10 utter punishment Won would
say that this consideration would not Influence
you In the trial OF this issue that no matter how
these funcuCnaries may have acted the issus
would be, SIS he party accused guilty or not un
~ upon the evidence before US ?'' feel perfectly
satisfied that, however much or little these impu
tatlons may be urged, they will not influence your
conclusion on this most i'm portant trial But zen
temen, we are all men We are all subject to hu
man emotions; and know of no American Juror
who could be made to believe that if our Govern
ment mad acted In prosecuting spirit in indct-
ing this man, 1t would not be consonsut with no.
manity and justice to endeayor to find him limo
cent II 1t could be done consistently with the evil
dence. IBIS Is natural emotion-an emotion
which IS creditaole to the human heart, and, more
than all that, 1t Is copgeuial to the American
character.
Suu, gentlemen, in the due and impartial adj
mlnstraon of our laws, it is important-n matter
now iaudaole may be the feelings under which a
juror acts-that be should go into that box or
retire to his chamber, with a desire to find a vsr
dict either In the one way the other He should
De Tree irUm any desre and il Ia with References to
mat mat wish to show you, by very brief review
OF ibis parton the case that there Ia nothin neither
In the object, origin history Of this prosecution
which subjects it in the lightest degree to the
opproorlun of being persecution.
AT hon -, -
vindiCate public justice, and secure the treaaury Of
the people OF the United States against future
depredatlons, by showing to them and To everv
man, that II party Is proved to be guilty upon
the law and the evidence he shall not go unpun.
ished-that impunity, in this case shall not he
allowed TO be an incitemen Mt to future offenders
Thatis the object Of this prosecution-a most inn
porant object III will confess-an object for ths
attainment Of which no necessary and fair neans
should be left untried and if it be found upon fair
investigation that the party accused is not guilty
Of the accusation, then let him ha We the benefit of
the proof OF his innocence.
Gentlemen, am free TO say to you that in nv
opinion there Is no man connected with this prose.
cutlon who has not acted with that spirit and no
does not feel the same promptings of the heart to
say, That If this man ls innocent, 'God send him
a dellyerance." This is the object of the prosecu
ton. And what is its origin? IL has been charged,
upon the conductors OF this prosecution, that they
desire to SHIELD themselves under the name of the
late President OF The United States We desire TO
name, we are willing to take the full share of our
responsibility; and, indeed, of the counsel has
been charged with taking more than his share for
u has been topic OF complaint that, when the Pre-
sldent OF the United States favorable to a GER
tain proposition and bad the matter referred TO the
District Attorney, the District Attorney refused IL
That 10 true; and il was refused upon grounds up
on which be is willing to stand before you and be-
fore the country. But, gentlemen, while we do
not desire TO shield our course in regard to this
prosecution under the authority of the late Presi-
dent OF the United States-Millsrd Filmore-we
have no disposition that that vIrtuous name should
be invoked, directly or indirectly authority. 1t
therefore becomes me to repeat What has been fire.
quentIy sald in your hearing-that this prosecu-
ton was instituted by Millard Fillmore, by his
express direction, the Sd of J uly, 1851 On that
day that distinguished and patriotic man, who
looked with single eye 10 the performance of his
duty and the good of bis country, and whose ad-
herence TO bis duty has caused him to retire from
his high othce with the universal acclaim of men
OK all parties, and the universal assent that he
was filhful public seryan-this hi gh u ctionary
IN obedience to that clause of the Constitution of
The United States which requires that the Presiden
Of the United States should the laws faithfully
executed, when DE was informed that statements
had been made showing the probability that this
award had been made through the instrumentality
of enormous fraud, directed the matter to be
brought before grand jury of the District. There
are numerous and peculiar bearings connected
with this prosecution, to which it ia necessary
to advert, which made il proper, in the Judgment