New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-30

10 n hc witt c.scs stand had won Tor bID ,ss "a
n,1' D pycy in 1919 from home .od
rIcp bis PcoEuiaty coIdsn Bothered hl, o,oyio n. tall
" r. The course Of this t; his attempt TO get 1p han.
SeDt fol this Ia ls5a under the admin .,ratpu Of the
Blunt (which iodicucnt had been lyipg n the ogeon
q, years; hi. absurd tch. to make fortune nv $50
~ - he clothes Of California passengers At Psn.ms;
q sssuocessiul Trip TO California, and hi. sab.e
-, sudden r,s to the position of a crest operator
gNwsl street, where he forms the acquaintance Of
sSsry 1885 but whose loans him iuniinston subse
sy eause6 hundred OF thousand, OF dosrs nj: Of
ss MI Brady would ask IT, down TO HI srre.,
oriy Here GpS w,s e ,Gsey zig S En-
-, committed tins; forges the check or note I'D
80 vile be remains at dist until tae person return,
K were other means resored to IN forging but secrecy
~ a instrument got money upou H. knew that when tb.,
s.sneBt insured the forgery would be detected and then
Sse Of VIA. KIND of y an e,tr S
s sseo Of forged paper which he had made out 10 the
sS s being let oas on b on 1 the 9Th OF 9s' Of
40 sack 70 ais psce o. business the next day In the way
sny other day aud remains there 10 be yn
p.eslsr Instructions ana mailing disposition of e,s NJ
~ except 70 make certain s.ssnuent Tor the beoeft Of
s6ep Hsrbeek In establishing the guilt OF this defendant
Brady Sontsnsss that The must prove first
10 uttered by him tbd that he uttered II with the kuow
IRE was forged; and fourth. that he uttered il with the
Sy Inowledse and the Intent to defr uSwere the rres
sss Of this crime to be- established by proof before Hunt
u the pont of the forging the prosecution had examined
sry the htherinlsw Of Huntington TO whom In Juy ast
srstnston bad writer brief communications on 60,
as directing him (Bauyl fill up ceain notes in Certain
s,y and had written them In his undsgused band and
:" Of those written by Barry had been prodneod ON
s tra snd had formed the basis OF this Indictment. TAI.
produced conclusive eviden that when Barry filled u
note be acted the ssent Of Huntington and these notes
ss gone from Barry Huntn son and are ne II traced into
s possession Of HsIbeoh having the mean time had the
Byrd signature attached they conclude that forged nsmes
sr been written by Huntington and nobody else How
stuke them tbe jury that this man. after bis arrest
hod take no earthly means to put those evidences OF
committing forgery out Of ibs way Of the pro,ecutonf ~
rule OF conduct Known in mental phosopby and appli
abe to any ordinary man could they coud.ct
u directions when he could have given them verbally by
M Ocssi Bsry said that Huntington had given hip no in
Oa Of secrecy or that be should these
ny dream hear Of beginning forgery in tina
n.y. A 5ss h has and es S. s.Rs to forge thinks
Burlington could thus write and disguise his But he
y nOe. and left the evidence Of his (Huntlngtons WI
paoPstion Ia the matter In the hands Of Barry. He
q heard Of such case before, and he could not
D such conduct with any ordinary amount of
PSelps Dodge Co. which fell due the 4h OF October
,srt MI Dodge and asked him If good Mr. Dodge
between Hunc AM ,c.3su wsca Mr. Hc3:A did
shrs Of forgery entered sssnst Harrington and be
m held bail In the of 20 Ocobe two notes then
ed up that time ana Belden aud Harbe became bis bail
h this time Huntington knew hs he had 900 Of forged
% which be signed With forged were
ben in bis upper de.i accessible Mr. Barker brother
~ preservation was tie frat and strongest Instinct Of
ry living being; but this instinct of sepreeveton had
,ver been evil ced by Huntington from the zoe he had
nsned operation. 20 the lime they bad been brought to
by his arrest Indeed he had failed TO discover In the de-
single act Of common shrewdness attending his whole
aref.
o. the point Of the utteDs Of the forged paper Mr. Brady
Ia .hou d ask the Court 10 charge the Jury:
Thai unless they believe from the evidence that at the
the Ddottn he actually intended to defraud by of
sch note or the use thereof he cannot be convicted.
sud established beyond reasonable doubt charged in
Toe jury should aoqu unless il be proved .hu the de-
ndsni the he uttered the note intended 10 de-
The possibility that the note might hands other than
of Harbeek add iure other persons would not prove tho
lent TO defIaud
ouences Of hs acts and may presume that when he
rss ueI forgery he intends to seirsud yet such pre-
10 ei her Of them conclusive upon the
~ may be disegar led entirely and overcome by facts
II the jury believe tn,t Harbeck Isceved exclusively
.ersl security usurious loan 10 Huntington and knew
There /. 20 proof Whatever Of any intent TO defraad Hs
ck or that he Yves in fas I defrauded.
Delivering the erey collateral security pledge
Harbeek does an uterns within the meaning
the statute against forgery.
If the Jury believe thai when defendant gave Hrbeck his
k for &2 0o dated 9th Sept 1856 he intended that 1t
oud be paid The bsns sne If IN factt would have been
ppsened defendant having funds there TO meet it, then
OF fraudulent charged 10 the indictment has
been sustained the des ndAbt should be acquitted
Mr. Brady next examined the point Of the intent desd
ID cited OreeLlexf Evidence support of his proposition
language Of Greenlssf being that cardinal principles
oiuips law and founded natural justice s that the In
.,So with which the act l. done constitutes crimnaty
Of this trial he Mr bIady) h.d heard
Sody II count Of justice would claim that insanity would
cuse from peTpetrapg forgery he heard oae man
thai N msn had committed murder, aud his trial
OWL that be he TO be ssqui tsd but that TO
crate who had committed forgery would be destructive
the interests IT. in accordance with this idea
,nishiy dollar be moral criterion and standard
which the existence nonexsence OF crime TO De de-
J erected that they might worship it as their
a. Creenleaf bad further stated that 4" the intent
sst must G be- poSed According this the
nsnded where act done which might be criminal or
y BY their proofs but where an act was unlawful OF nse
the s SSss SS 81 mS be Tas
,ent TO drfrsud e1st at the moment OF the tore,ns
ss.od wit6 intent to wrong, that isy should re-
I've evidence show what the stsie Oh tne "' IN
a.; na .s,,on luusc could be held accountable for
,e dom. bat when he held respopsole cnunsy ,b
yna full knowiedge of the act which no oia was %
mast tost jues took cafe not to pefPeSeA
oa.it that struck the mind he said was the inquiry whs
sanity as7 Between sanity and insanity here wa u and
ma ins.ny man either sane or insane Ia ms Tpew
this regard he confirmed by the OPT ION: o. Sc opn
er md dman These eSru ed gentlemen united IN t9e
that sanity wha,ev. may be the particular mode ., ~
ply steal disease ana arose % h 40 then
mar VS. sane when his brain was 10 perfectly SOUND ne
norm. condon aud he was not sane waem Tue UnnS
b opeystions Of s miod there were in VEG.
speet Of bis moral The assertion thss an
ssrb oonld not Do e. Mr. Brady cited the case oil
msrly the leader ofthe orchestra OF the brosd"S I
=. !, snt. a nmat. Of the insane asylum on blscswes
,,nS nd thns In Roberto would indiea'e 70
,ai BE- vas insane He wCuo talk as nationally rs sny b
~, ~, .htst ~ ocean navigation suggested when ne
ould opeo BE great schemes for building sninense
oold oIoss The ocean in three days bnt saPPo7 49,
10 set up the Of his insanity N whs man n
Oud the fact his inssuity be Al villa and
ss,S snscalson in given direction, and secondly, VI,
Inney the physician Of the Institution I'm 70 be ia.