The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-14
THE LATE POST OFFICE ROBBERIEs.
United States District Court.

Nnh bTAiho AoAlN5T ThEUDOhn ~ n0oSA~
FOURTH DAY.
JAN l3-At the sitting Of the Court this msrning Mr.
DuDnrg Associate States Attorney said he to I'd
dress the jury with feelings somewhat different from
those doubtless entertained by the counsel for the de-
fence They have stated the feelings under which they
have presented the the jury they have brought
before them the consequences which viii result to the
prisoner verdict Of guilty should be rendered. they
have told them that not only are tho prospects OF THIS
young to be bghted but that his innocent wife and
child win share the degradation On the punishment
that must follow verdict Of conviction, he, Mr. Dun
ning felt equally with the counsel for the prisoner he
felt with them that the oonsequ the most ssri
ous When they looked at the prisoner they fathers
husbands and men, could not but feel that the posi-
ton In which he placed most unfortunate he
sympAthizei with him. he sympahzed with his wife and
child and the jury could not but sympathizs with them
Also is impossibie gentle men Of the jury but your
3 Or s:s Il for
feelings should exist but Of all places the jury box
is the last place whore they should have influence The
jury we're to pass upon the guilt or Innocence Of the p
soner without regard to the consequences that may fall
upoo him. or those nearly and dearly connected with him.
and h.n b. Soa % ,n s,s Ss
AID impartial jurors be faithful to thu obligation Of Jour
oaths 1t my cuy TO present the sots they have
been proven by the government and shall endsavor to
do 30 without d.tortins those facts and without any
oOlorug not introduce ono fact Tn Will convict
this unless bssve the eesnos fully and entirely
wansntsit. am not here to convict this man unless
no guilty The government Is not here to iesk for vo
TINS Wal endeAvor to present the fairly and
ddly. Indeed it would be much more pleasant duty
for to stand here pleading for Acqittal for this
feelings to ask At your hands verdict that would
discharge him and return him TO his family but have
.nsh:s duty to perform and that be dis.
grst exceedingly that one Of the counsel for the
The prisoner .hould have found II necessary to
government and the government for the mere
Iurpom-in fact that 1t conspiracy, for the pur.
I, what shifts and even ingenious and candid
counsel may be driven in . desperate ca,s. No man
knows better than the learned counsel himself that
such object exstec-that no such purpose existed-thAt
the genera government any OF their officers were
gagged In this prosecution for the purpose of
viotirg this This shows, indeed that their case
barren and incapable Of any better defence II IL said
that the letters decoy lstter and that loss
Va. sustained BY any individual; but, you are to say
srsctei; and to whether the government In i.
vieuhl has been the o'er, you have nothing do Mr.
Dunnng then proceeded clearly to state ths facts as
he had eop,luded he would show that the theory
q the deierce was entirely untsnabls. Having
reviewed and rented upon the evidence at cousiea
BILE length, Mr. Holbrock said supposed he put the
ling nde the foes Of the letter. and Afterwards thought
he put upon the letter wax within to fasten to The
letter ard waxed the top it. This ring must have
been placed inside OF this part Of the envelope He must
have opened the envelope to get At this ring That the
ed to deny. submit that in the question of open
these letters you can have doubt Unes you believe
that these Witnesses have perured themseve you
not place confidence In this explanation. These
could have motive for doing submit that the
only search maze was the searching Of bis pockets;
which amounted to nothing because he, shrewd and
cunning be was, would have allowed 1t to remain
They say that only called Clerks out of the
hundI. in tbs Post Offices but where was this resessy
Of calling more? AL the Ave clerks that they
approach the table except the young when We
have introduced In the testimony you quire ger
tray to al past s1perieIc e. Whsn as jurors, you
come to consider the arguments the other
side though your fes lings may have been touched
by what the counsel has said Of the consequences
which may result from your verdict with thai yon
Lothirg TO do However unpleasant Jour duty may be-
you viii disch rye 1t to the your ability uumovsd
BY any such considerations. nsed you the
temp atoDs which held out to the clerks employed Ia
the PoAt Ocs and In case where the proof direct
~ this II the guilty party should escape, you will say
they may init these acts with punity The evidence
has been published and gone through the whole land
it win depend in roms degree the s.fsy Of our mails la
regard TO the tss imony OF Mr. GOTTA you prepared
to rsy that be perverted the TRUTH These letters
given to him with tee press purpose Of bsiog handel
into the office in the condition when he received
them. He swears thsy we're in the same condition Ia
asking too muCA of Intelligent jury to ask the to bo
true could Roes have He says he did ard ii
he resealed That overurns the whole theory OF the
tthey .ide. If you believe that explanation you ara
tourd to believe that the letters In This pocket
which is not 10 proof This was the flee coat, and he
brook tell. You that he stood in view Of ali that t,ok
place 1t Rosss table Unless believe hat these wit
Ie.es have wholly perjured themsevcs you oanno.
disbeisve them. The learned couni 81 then, in few
WORDS submitted the case to the Jury The judge then
proceeded to deliver hts charge.
TIE JUDGES CHARGE.
The Judge, In charging the jury spoke ~ follows
Gentlemen of the Jury Tho indie ~hish you
now to pass upon is founded upon at of Congress
In view Of the dspredations that might be committed,
both BY persons employed BY the In the Post
Office and ~ persons who were rot employed BY govern
law which has been read to you The twenty first section
seems to be aimed against who employed In
the vol.ors Of ,hss provisions With sst e,.riy The
twenty cond clause which has been resd In your hearing
to be intended for persons other thsu those who
were poyed In tbs Pest Office tapp.ars to be against
hose offenders who mot nected vita the Post
OfEce, but who might commit offences In relation
TO the mails Of the United States. But for the
acs committed by persons who not enpoyed ia the
Post Once. Say those acA commit.t By zach persons
not punizhed with great degree Of severity the
Office and which are provided far 10 the twenty frat
ton. There several Of offences included in
this twenty nstt sectior-fvs six 1t is provided in
the nrst place. that person employed in The Post
Office shall Srawfully detain delay, open any letter
which was intended to be conveyed by post whether he
delays IL in any way uplAwfuy, or opens when It was
intended to be conveyed BY post II always provided
auch letter he shall be punished also, bu in diersnt
mode. In any case, however, It is provided that
any person shall secrste, embezzle, destroy
any letter, nail OF letters with which he
may be entrusted, and which letters mails OF
letters are intended to be conveyed BY post he shall
be punished. And then the provision upon which
your attention has been called, comes in:tsat any
person employed In the Post 0oe sha steal take out
Of any letter anything Of value he shall be punished in
the manner which has ben prescribed By that act Of
Cosgrss. And, gentlemen, II win be remarked In the
previous provaoT in relation to the detention de or
the crepg of letter, 1t 10 requisite that that letter
shs be conveyed BY poet In that part Of the act TO
which your st nion has besn called. all that said IL
that II aEy person D the Post Office shall steal or
take out Il any letter ami hnf OF value he shall
be punished according 10 the requirements Of the
act alxays provided that II the said letter shall
be inteneed to be conveyed by post II 1t we're Ne
csfsary. gentlemen TO pass upon the question - to
the other pr, yhon Of the Aos Of Cos gresA:-whsn
letter In such condition that II may be said that 1t
was INTENDED to b conveyed By post should feel vey
strongly inclined TO think that when Latter was de-
~ ttsd In ths post Office matter vhat the secret Ia
tenton OF the individual who thus deposited IL II II
vas eeroited In the post oe far AZ bose Who we're
connected With the post Office couoeIned provided
II was tepotited In the usual far ~ respects
them would be considered being deposited With this