The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-29


u DISTRICT CorRT PHILADELPHIA sept. gil intend
Cd gentlemen OF the jury when We separated to avail
s:n. o. the leisure afforded me 70 put charge in
cumstances from doing So aud my remarks to you.
therefore viii be less closely connected perhaps, though
trust they viii not be that account less ineligible
and clear.
The case has involved, 10 Its progress train Of facts
every considerable political intercstperhaps Of more
general interest In that aspect of than in its bearing
the questions which be decided by your verdict
not felt aggreved the with which the press Of
foreign countries and occasionally Of foreign statesmen
Of the day have commented upon what they have been
pleased TO call the over aacry Of the American people
to engage IN military controversies in which they pro-
perly had no rghtfui part.
forgetting the obligations neutrality and pushing
ourselves forward into the conflicts OF foreign nations
For Confess that cit as tSs eass
vance, to learn that during the very time that these
accusations were Illuminated against the people
by the press q England there the part Of emf
nent British functonares here series Of arrangements
IN progress carfuy dgested and combining all sorts
people under almost all influences to evade the
Laws of the United States by which our country soucht
TO enforce its neutrality arrangements matured upcn
careful inspection OF the different sections Of our sta
tue ngeniousy to violate their spirit and principle
without mourning their penalty and thus enlist and
send away soldiers from neutral shores fight the
Dattes OF those who inconinently and not over
trality. N''9 " ''u'
sllade to these circumstances and this train of
sn0ugnt gentlemen, not because IL is that should
innuence your action Jurors but because feel II nv
guy 70 guard you against it's influence The question
Wncn You have to decide Is whether there has
an effort on the part of any foreign nctionsry to evade
the provisions OF acts of Congress- whether these
two defendants have have violated the
of the act Of Congress which are cited in these h ns
indictment. Your verde. will respond to the simple
question Are these two men guilty of the crime with
IN order that my remarks may not hereafter be EN-.
by the necessity Of using the plural when the
say to YOU, at the outset that theas Is no evil ~,
dence against one OF these defendants. Before ju
~ can properly convict an individual Of the
clear evidence that the crime has been committed by
some one We have statute which affects punish
braggart garruiy and unless the particular offence of
enlsting certain definite persons has been committed by
Perkins Of the defendants though he may have pro-
claimed upon the housetops that he has recruited armies
innumerable, no jury can properly convict him the
offence he processes to have engaged in.
10 the consideration of the of the defendant
Hertz He stands indicted sometimes Jointly with
another sometimes al one with the offence of having
hired and retained certain persons to go out Of the
United states for the purpose Of entering themselves
soldiers IN the service OF foreign Prince State Terri
tory >. o,c,..u... !. !. .,.,. ,.u,..
material to the question leaving out those which apply
to Q different state of crcumstances:-
hls beyond ,is limits United
s S % s S foreign
The question which you have to pass upon is-did
Henry Hertz hire retain any of the persons in
these bills of indictment to beyond the limits of the
United States with the intent be enlisted entered
IN the service of foreign Statef
within the Territory of the United States.
The hiring retaining does not necessarily include
the payment of money the part of him who hires
retains another. He may hire retain person. with
an that he shall wages when the services
The hiring or retaining servant is not generally by
the payment Of money in the first instance but by the
promise pay money when the services shall have been
performed, and person may be hired retained to
60 beyond the limits of the United States with certain
intent though he is only to receive his pay after he has
gone beyond the limits Of the United States with that in
tent
Moreover is not necessary that the consideration of
the hiring shall be money. To give person railroad
ticket that cost four dollars and board and lodge him
for week. Is good consideration for the contract
Of hiring as to pay him the money with which he could
buy the railroad ticket and pay for his board himself
there be engagement the side to do the par
ticular thing; to 60 beyond the limits Of the United
States with the intent TO enlist and the other side
engagement that when the act shall have been done
consideration shall be paid to the party performing the
services or doing the work the hiring and retaining
complete.
The meaning of the Law then is this That il any per-
son shall engage hire retain or employ another person
could not do if he renamed in the United States viz to
take part in foreign QUARREL ii he hires to Co. knowing
that It is his intent to enlist when he arrives Quito
list and engage him. carry him, him for going
because it Is the ntnt of the party enlist then the
offence complete within section Every resident
The United States has the right to go to Halifax and there
to enlist In any Amy tAt he pleases but is not lawful
pdrosc Gtrust make myself sufficiently clear to-
NC jury that they may comprehend the distinction 1t
"a the hhshg of tAe person 70 go beyond the United
hiring him, snd that intention being portion Of the
consideration before he hires him that defines the offence
believe that after making this comment upon the law
might pass to the iact but toccurs to me to add that
ndsn with wit fact and which
has been given in evidence to show the working out Of
the genel al plan.
II you believe the witnesses the object here to ef
fctuate enlistment beyond the borders of the United
States and yet escape the provisions of this section
to do effectively yet to do IL you salts
matter
mltter what the pretext II you satisfied that
Henry Hertz was here engaged IN hiring ana retaining
their intention and he believing that 1t was so, and
therefore bring them then matter what was the cos
tune or mask which the transaction wore, he has CON-
n,tted the offence charged in the nil Of indictment.
As to the evidence, gentlemen you have listened TO 1t
very carefully and 1t has been commented abun-
dainty do not know that it l. my duty to deain you
by single remark on it. II IL all on one side wheth-
e establishes the fact is for you TO judge 1t the
Law OF the land that where two persons COM
bne together to do unlawful act the acts OF each
be given in evidence for the purpose Of explaining the
general transaction You will rec that otherwise II would
be impossible in like this to deveope its true his
tory and character The enlistment necessarily includes
the action of different parties the concert between them
is TO be inferred from their acts.
The intention Of the party, engaged retained to
LIST is to be gathered from his conduct and declaration
here from his conduct after he reaches the foreign
try and from the action Of third persons with whom he
perects the enlistment that he may have contracted for
here.
You are therefore while looking primarily at the
duct Hertz to look also at the actions of others tend
ing to the same Objects and II Judge that they were
actually in concert with him. then all their acts done In
pursuance OF the common purpose or plan are to be re-
kArded as his.
With these remarks leave the in your hands.
At the conclusion Of the Judges charge the jury re
bred and returned in about fifteen minutes On taking
ber seats the Clerk Of the Court In the usual form put
he question: Gentlemen of the Jury have you conclu
led upon your verdictf' To which the foreman replied
1--we have"
CiRE-How say you, gully not guilty.
FoREsAS-Guiy as to Henry Hertz in manner and form
he stands indicted all the bills Of indictment; a.
aspects Emanuel G. Perkins, not guilty.
The Jury then discharged. Sentence has been de-
ferse1 for the present
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