New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-10-26
LAW LNI'ELLIGENCE.
TRIAL OF ALDERMAN HERRICK
OF CHARGE OF RECEIVING A BRINE.


COURT OF OYER AND TERMINER-ocr. 2o-Retore
Judge ROOSEVELT.
MIR. Whiting, for defense, said before tie counsel
proceeded 10 sun up he proposed To submit certain
poinis or which be would ask t0e court 70 charge.
Mr.. Wbnng then read the ponts thirteen III number,
in substance as follows:
That Mr.. WaIing, by his own testimony, was 81
arcou,plice and If his evidence 10 not corrObOrAtel,
Aid Henick must be acquitted. If it is not est4b-
hshed beyond n ssonabe doubt that Aid. Herdck sc-
eept,d the cheek, he cRnrot Dc convlcted-n he did
receive If and obtsiDed the money, he could no. be
convicted If not intending az the time 10 give his Of
fetal infuerce The burden Of proof Is the prose
cuuOb-the finding OF the bill of indictment Is no
evidence Of gut-tsa. testimony as 10 comnunics
ITEMS lis 10 be received by the jury with grss' caution,
such testimony being considered weak and dan yerods.
II the Jury believe that Aid. HaIrick hsd previously
intended TO FOR the measure he could no; be
victed-h herrick had intention 10 keep the check
be could not be convicted, ana other points.
Mr.. Brady ssked the distrct-aitorney to state the
counts which he expected To proceed the district
attor uey Replied the sixth seventh, eighth eleventh.
fifteenth, nineteenth, twentieth aud twenty third.
Mr. Brady then commenced the summing up on be-
half Of the defense. He stated ths he has not lived
very long, yet long enough TO have survived
al ambition, on address nc q jury, for APP
plause. He has besoueh, his senior brother
counsel Mr.. Wiring to address the Jury
the side OF defense but for which IL not
necessary 20 state, but in the soundneSs of which
concur, he has oecined 10 CO 50, aRd the duty has
deyolvsd upon me- Mr. Bcsdy then prefscei MS
scdess with some dosul;ory remarks. Eyerytlins is
tending, he said, ~ the widest spirit OF democ "
Thai Constitution for which | myself voted SAID
Mr.. B'soy, has made almost everything elective
among them the Judiciary, bat ! than6 God ].
has not MADE the airy eectiye-;hs. stil remains
in ns purity Mr.. Brady insisted az in IN, ore
vous part Of the case thai the whola ptOceedog is
matter Of conspiracy 10 njure AID. Horrick He re-
viewed the testimony with much minu.eness. W.
this Proceeding is over, he ssio, this comm1ri.y
be startled BY disclosures which will 5e asto .
and Nance Snd dates gjyea. NJ. b. addressed tls
Jury for between three and four honrs, ccutendinS
that the whole MISTER Il conspiracy, That the ties l.
mopy of Mr.. Wariog is not t. De credited, and Aid.
III. must be discharged.
The ds;ric-storney followed the psr. of the pros
scu,ion. He commended that Toe circumstances as veil
the testimony Snow toe facts 70 have been Is COZ
tended, ana that AID HerdoS received the ons 40
dIed dollars In regard 10 the i6es otoe Mayor soteru-
into conspiracy with JOHN Murply her CHARGED Il s
No. likely that the NsyOr would have done -. he
would be fool to place bis reputation 10 the kosoiny
OF NuThy o. any O;oer person. rhs J,s:uc. Ssorlsy
referred 10 TIE fact OF Az. HerrcS acknowledging
when he went % Warogs house, that NJ ". "a
offered hun the checs bat he ssi he hsodsi back
IN IessrG 10 tSe statement that Mr.. NasoE sypCe
falsely; 4 go, that must have been kaogn 10 a H.,
and vet he asked aim az his house 20 1'aks SD ai syt
e. proGu 80 this court ard Il ssO s1own N A. ne
was 10 CoDlmuUicalOn with W arug Sacu he Z 70 CT
sslled Gt his CicS WEIGH H = not likely ne would have
BEEN II he had known that WsTing had osriarcd him
sef As 70 ths lndi trcnt said the district attorney
the aqdavi' which 1t was basel shoTs II VS. not
The ~ q OF conspiracy tat sA,3 fo i0fogn ii N
and belief iae district attorneys sti svit tha' Al.
n ,ic. and Drake were supposed 10 have paricipa.-
~ ~h IN fact H. thcre Is not the slightest idea
d. Alo. Drake bsd anything /, do With j..
The ois,r,ct S,tOrney addressed ihe jury Tor about
two nours eopiSp1ing that the charge hso essn fully
neSe eat