New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-26
CBIRGE OF TIE COURT.
CHAFUL t'IhIs
Judge Roosevelt charged, in substance, - follow

Ir,be sbi.h crime. Itgss directed 70 be .ub nittea
10 a vote Of the people, and adooted oy tne Popesf
voice, and became law. Not Ions sfe' Naiu mn e
Guilty srOee 10 the 5uyre no court whet1er an S o. 'le
l. g;ss,ure ct uld be dep ndent 90 The popals woe,
and il vas decided null bud void, ana the Lsi5l-ufe
,ub,e1uerty passed ar set coDtcmug the prevlols
sct and extending the clause r. 70 bribery 10 n-ay
all he iuoical officers in the State and 70 tie lie n0ars
f the legislature and toe JOra'l0ns OF other clfs
l. trovioes for punishment in the State prison not
exc edipg ten years or hns not exec ding hfe
tbouslDd dollars or botb. Ioat applies 10 TOE oa7
Who Ofers the brDe. To tne obe SccS )1ag or agreeing
10 70 YER Oh nj Woodworking TODD n - ia vote or
ueusLce shall be gven or who 80 a 81 Getty OF nolre L
~ demand propO-e TO receive, receive or en- ertala
Lepoa,ion for sucn gi AZ Tsltereoo i0r OILS vote
ar influence shsIi forever be disqualified rom hold
ing apy office 70 felt his Office en1 be nprsone1 DOT
exceeaipg tea years and fled five thonsaad d3lars, az
IL the other csse. The Law also o'Ges tna' any
person 80 offending shei DC a compe'sn' wines
A. aDothe persOn ofsIdlng, but his ties mo1y not
n, h. seo srsita himself The jadSe then abd 80 ne
OF the faots Of the sse The JUICY VIII re5OliecI he
said the fra k AID maui Testimony OF Bfya1 hf-
Cshill. He yo,ed for the Measure, bn. scorDed the
pIoftreo bribe. The jury nsy assume, thuk, s5 -
The question Of gut or innoce acc, mat tbe measure
was ODe which soy honest ms1 mis- ht adg0 'at9 ana
sin b. hOnest. 1haI DIS oses OF large part OF he
evicer@c. But 10 MAJ cen a,cop' briDe efeo 10 a
int measure or receive bnb5 To- q case W lcl
lie would bave voted for ntnOu, ice. We must
look to The question OF the alleged bribe. Warins
s.,s here " - q bnbe-tha- 10 gave check Tor Que
luBCrCd dollars, ana tDe money 'liy !" rs
drawn ont and charged by ne bang 10 Ms account
suogins that although ar dcclped TIE eek vas
finally accepted, fact which viii sggrava'e toe
oenre there having been ne Tor suon' 'nore
thsn month hayius ELAPSED from s date to The tlae
II WA preseated. Docs WarinE speak the truth Is
he not only pariiCps en- ni' 4 but re uotant and
ueriured WI ntss 1rat theye Vas such chec : Il
moved b. the officer of TIE bank; tbs- ca sex was
rendered 10 is equally cortoip because he has
Trovcd BY his broth-1s testimony thst he sad You
"know, W0IiDg, l told YOU 20 PIT it bsck
in your pc bet" The offer therefore, il
cepted-ad even 'he offer is felouy-and
inal Die the acc sed entertain the offer 1t IL
q solemn questiOn, and demanding the careful aTea'
ton ot The inry. Wsrog swears that In handing the
check the accused said he cid not want TO recsve 1t,
ana iboved it H. and Wariog toll hi to keep il,
and if the did Lot pass he could return the
CHI OK, 10 which the accused rep led that ne would
return il If it did lot pass and nc kept the cleck On
the point Of counsel for defense that conversation is
Dangerous kind Of TESTIMONY: it, no doubt is so, az
by the orobpir o q single word such as " bat" the
whole idea might be cbAnget But then toe jury wul
think ss 10 acts which speak louder than words. Tae
defeDee say thst Wariog swoe falsely both here snd
before the eraId iurg. How Thea could the sccusei,
after the dCInet, apply - this perdred man, thee
already ptIiufed for ali ayis TO be used ii this
court on motion 10 quath ne Indictment The jury
will weigh the tact. MI Brady said he you'd claim
q ri.Lt TO gnsw,r thisl TIE accused g)es with his
brother to the house OF Mr.. Wsrne. No other per
sons were present aud persons called on to guard
hun, as to allc ed assertions. Strong que'tons were
mt 10 him and while he was confused to Whist he
had sworn to- Counsel for dffense cAlcl il c,un or
tricking. l would here. too, spply tue idea Of t1e
danger of relying upon conversations. The two we're
eDdtov oriDg 70 obtain from him some statement.
How can reconcile the idea that the accused told
him 10 put il back into his POCKET and ye 1t paid
Did VAIN fIei ard tender II TO yi- ling
Official or 20 ar, body else He ssears hat he cid
Of and what evid nee is there 60 c)ntr6iet his % "a
II untrue why wee not The cashiers of the Msch iucs
ka q n 40 rO N
whom they each received il WY vss the partner OF
the accused who tept account in the Nassau ia k
blOupht up to show that he lever deposited suc1 a
check or if he did from whom ne received H. THsre
j. in that part OF vaeuuIn-bu he pros cu'trn
had ?, ut Ia rect ,on the )sih Of WarCg that he
gave the check to accused and he sc IT Il; end, if Il
could be DONE counertesu 0ny tni ht have b-en DO
duoed. | was il hopes that tGe cashier OF ne NJ A.
chanics' and Tracers 'Benk v0ud have beea broish,
I'D aud also the partner WariDg II il sad, has cOu-
trsdIcted himself; that is 40; You have aearf tie ex-
plapstiOn he gives VIII IN partly CO ficn-d by the
fort of the grsDd juy. lie was 81 ald confused
and ST aid ne would prcaie hiWsc on alter scslng
bic counsel he deterri0ed tbe grand 1cor said, 70
male a cleen breast Of it. 1 am not here 10 de-
fenc man swearing, hut be Wa ala al
at bis poeiuoo aud b thought tno re ~-s cA5h i.
tioI a. poeeiOn thIovn around bim Out the
legislature he aiterwsrJ found so far As ne should
give testimony ;horght otherwise. His testimony
demands rigid sc utiuy, but docs not dslu9liy hlG
Tier, what motive las he now 70 add perjury 70
crimel He does hot screen, but ion ,lcs;es him.eE
He has no friend 30 (uniess there ls coosQra
cyl ror enemy TO pui sh He was anxious "a MI
Mteban showed, TO have the proceeding stopped
He never reve,led the story, he says, ulth he -
compelled TO testify before the grand july acd does
not IL ow how be came TO be summons. L 1ere was
10 prefer that accused, Ike McCahi resented the
outrageous inful,. He merely SAL on cailinG With
his brother You know never sgrSed 20 rece ye the
check, sc. Does the testimony of the brother
tend to destroy that of Waring 10 siren Ihea It
lts the province of the jury carefully aud Sh si
sic eye 10 the truth 70 compare the eviIel zee OF
these two witnesses, and the check, and the
testimony of the officer of the bs7k, aGd
aoie and collectively give them consideration
The case is II your haIds. loa and you alone are
the judges of the fac'. The court may comment but
il Is for the Jury 10 decide You will render just
verdict fo' the accasd aud the people, giving TO the
accused t, e benefit Of any rational DOUBT you may
entertain, as TO TIE points that Wariny Is an aeon
pce snG if not corTobOrated, the accused should be
scquttsd. That ia about tie case lam no: disposed
to rely too much on the testimony OF those who
lot light Themselves, but the jury will judge from his
manner and those many little Circumstances which can
be and felt and appreciated by those who hear him.
Ii isyery seld ON in the scuny OF crosseXsnnation
that If man tells lie he can c0ooes
if. The law places IN your hands the total
decision to that and the other fscis OF the ca'e
AS 10 the ot er ponts-that he would not BE- Liable il
he old no; intend to accept the check tha Tor TINS
case. will charge to be law TO Waring not being
to be believed ii making different statements before
the grand jury that wild not charge Ii Is Tor the jury
TO say. viii net charge thst II the accused deter
mined 70 vote before eceiviog the check be could not
lie convicted. In regard to Ws,ing having been
threatened being induced 10 tasty Truth, canoo
cha &c. If Wsripg is not 70 be credited as 10 tie
essential parts, The prosecution cannot be s1S aimed
That is corIect.
MIR. Brady offered various exceptions.
Mr.. Solomon, one OF the jurors, who had given
certificate Of being se It'd al night sugSestei that
h would not he able 10 stay all night The jG se
remarked thst lie could not anything IL gard :,
i, till the Jury had osen n cOcsu atlon.