Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1853-11-29

acts cannot be consistent with sinnocence.i
4 55 Where prinm lacie case Of conspiracy
lis established, the acs and confessions of
one Of the parties hold good as 10 all; when.
individuals assume O partnership in COM
merce or in crime, the associaton'is bound
by the acls oil It's members in carrying out
common design. r+s.a 'G taP'A 4
That the defendants endeavored 10 recov.
er their insurance, or that the boat was
burned, is not denied. Stephens! Chandler
and Nicholson, though included in the in.
diclment are not parties in ;.,his iriai, not
being present. but their acts and confessions,
as TO The offence, are evidence. The tesli-
mony OF McGrew. Nouhup and Penniman
were narrated usso the acquain,ance Of the
parties. The Judge then reviewed the ies,
iimony d various Witnesses, including 1i'Rf
Iof Mr.. Buft0N.
-as.Iti reIerence 10 Earl IS testimony, he said
Iihat the remarks made by this witness to DR..
hates, were evidently made under excite.
Imenl, and the charge Of being able 10 send
! the Chapins to The pentenuary, had refer.
ence TO their acts 10 delraud their creditors.
He said The testimony of Lemons and the
draymen, particularly Anderson's, was suf.
ticient 10 cover ali the shipments Of property
said TO have been made, with The exception
of six boxes Of merchandise, which were not
accounted for by any OF lhe testimony. The
Bar of Nicholson's was well filled and was
insured, as also some merchandise in boxes,
but what that merchandise was, has mol been
proved.
From the bills of lading il does not appear
that more goods were shipped Than The boat
could carry. /. is assumed BY the prosecu-
ton, there was fraud in the unusual quantity
Of freight and the kind of freight said to be
shipped.
Mr.. Powers estimate Of the cargo from
measurement is 720 tons.
mathematical calculation Of Mr.. Malh.
ews demonstrates that thirty tons more could
be added 10 that.
|, is for the Jury TO determine, amid the
discrepancies of the testimony, the fac, as III
the amount of freight and capacity of the
boat, and whether the burning was from ac-
cident or design.
II il be determined that one Of the defend.
nn,s procured the burning Of the boat, the
5 proof would be strong, perhaps conclusive
that there was conspiracy 10 injure lnsu'
rance Companies by such burning. This
i offence is high crime, and one that. il un-
punished, would destroy all confidence in
a commercial transactions, and one which in
wolves great loss Of life.
f The Judge then rehearsed the testimony
of Choae, in regard to the particulars at the
nc nd ii oonL,,n, nc To nj
4 Cummings and the mate who at The risk o
a their own lives, endeavored to save .ne lives
of women and children, was portrayed by
the Judge in pathetic language, The phrenzy
Of Capt. Cummings when on shore, after al
v was los, and his expression 90 Lord, where
q is The children" was (eelingly advered TO
q AT this point, Thos. Ewing, Mrs. Cum
~ mings, who sat in front OF The Jury, ant
!. Lyman Cole we're affected to tears.
;. 1t is for The Jury 10 inquire as 10 Nichol
n sons motive, if he or Others sell fire 10 III,
q boat, even granting that he owned one-hal
q OF The boat, which was one-half insured; ant
n although The contents of the bar was insured
it was mol a sufficient interest 10 induce hin
:, 10 this ACT Men seldom, if ever, ar
!. prompted 10 commit crime without elhe
q The motives of gain or revenge.
"a In regard 10 Whalely's testimony, if tn
4. shipments are otherwise proved, his fraud
n ulenI testimony will not injure the case. A
y. TO Kssane's letter 10 Nicholson, teslimon
IN has been given as 10 It's abstraction; but cor
N vicIion cannot reach the abslractur in th
8, case; for that crime he can be indicted else
II. where. The history Of these defendants i
&c that they were acquainted and had united
le The purchase ol boat. and shipped on ind
didua account, and that assurances were {
affected; but Notwithstanding, if united in
common design 10 burn, all are alike guilt
Guilt, however, cannot be inferred lroI
vague surnlSeS.
n As 10 The credulity Of witnesses, it is f
Ial The Jury 10 decide, not the Court. Earl,
a The Jury must have seen, is nan of int
,is igence, and he had better faci!ies of kno,
sci ing if shipments had been made than other
HIS testimony is unimpeached, except
las Kales, and even this is explained by Ea
he You will examine and weigh well all 1
he evidence and decide this great case, und
the law. The citizen has no higher (uncIi
1ly than thus 10 81, on the acts of his fellow me
sci and il should remind us all Of Ina, day VIII
Ihe we ourselves will be judged by The Lord
Heaven and Earth.
q This responsibility is upon you, and is
led awful that you should permit no lurking p
do; possession or prejudice TO sway. You KIN
had things now only by the law. No exciIem,
,ih abroad-no effort TO create prejudice, sho
un. affect this case. Here, secluded from
world, you are 10 deliberate upon The ie
any mony aud the Law, and excep, their g
appears clear beyond reasonable dol
can you will acquil the defendants.
lry, There is sympathy, however, VIII
ny. may sway our judgments, which it would
hen dishonorable 10 be led by; but The fact n
into be established beyond reasonable dou
divesting your minds of all prejudice. +
II Of i'll suited IL noise and excitement, like
OF The political world, in this tribunal. I
por. is, in truth, the sanctuary Of Justice, and
. in Of US, as administrators thereof, should
He singeness of heart have Justice Tor our G
,ress aim and object
He We doubt not il to be your object.
will the path Of enquiry leads to a conviction
, tha So. hnt weiuh we'll the evjdencn in orde