Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-07-26
VENING STAR.
LOCAL INTELLIGENCE.

SECOND TRIAL OF HERBERr.-Ninth Day.
As we went to press, yesterday, Mr. Walker |
was proceeding to address the jury. 1t should |
be q matter of congratulation, he said, that |
case that, for so many days, has dragged its |
slow length along is about to reach its conclu- |
sion. The gentlemen associated with him had |
thought proper to assign to him the post of
professional responsibility-the duty Of re-
viewing the entire case: he came not here
to aid this great government in its demand for
blood not to add to the pabulum of outside
clamor not as the paid counsel Of those who
were seeking for private revenge. He came,
he trusted, with higher and lOftier impulses
There had been no deficiency of zeal and
adroitness on the part of the prosecution
there had been, indeed, an unusual display of
forensic eloquence and power but when you
strip all this magnificent draping-this word
painting-away, it resolves itself into the
earning Of bread.
Mr.. Walker gave the history of the case of
Sir Walter Raleigh, that sad tragedy, that
judicial murder Mr. Walker commented
upon the remarks made by Mr.. Preston in
reference to the accused as q member Of Con-
gress- Much as the gentleman deprecated
the position Of member of Congress, he had
endeavored to attain that position himself in
the State of Maryland.
Mr.. Preston-True, sir; and if had been
elected should have endesvored to discharge
q
waiter to death
Mr. Walker spoke of the mother and sister
of the prisoner with the bitter waters of Attic
ton rolling over them as the sea and how
that mother stood impatient day after day,
hour after hour, at the telegraph Office while
this trial was impending.
He compared Mr.. Preston, leaving his pro-
fessional home in Maryland, and coming here
to plead for money, against human life, to
Caesar, who having conquered the countries
in his neighborhood, penetrated even to Bri-
tain.
Mr.. Walker proceeded to compliment Mr.
Preston upon his dramatic capabilities He
doubted very much if the name of Forrest
could have been placed by the side of his own
had be (Mr. Preston) gone upon the stage.
Mr.. Walker entered now upon q lengthy
and very searching analysis of the evidence !;
after which he took up the question how far
the jury in criminal cases are the judges of the
law as well as the facts.
Mr.. Walker traced the history of the pris-
oner from his Academic years to the present
time, and called attention to the fact that wit
ness came in and gave the prisoner their en-
dOrsement They had known him in various
phases of life, and had noted him in all, as
peaceable man-a man not prone to rush into
broils.
Mr.. Walker closed by an eloquent appeal
to the jury in behalf Of the prisoner, ending
at Is minutes to p. m.
Shortly after the conclusion of MIR. W alker' 8
address Mr.. Preston rose and asked permission
20 make some remarks in relation to observa-
tons, personal to himself, made by Mr.. Wal
ker.
The counsel for defence objected, and the
Court sustained the objection.
Mr.. Preston expressed the opinion that it
was rather hard the Court should permit
counsel to make an attack upon him without
permitting reply.
The jury intimated a wish to take some re-
freshments before proceeding further and the
Court took a recess until five o'clock.
Great confusion prevailed upon the rising of
the Court, and numerous groups were OBJ
served throughout the courtroom engaged in
heated conversation
The jury returned at FIVE o'clock, and upon
the opening Of the Court Mr. Walker rose and
stated that his reason for Offering an objection
to the request of Mr. Preston did not arise
from any desire to prevent him from making
an explanation, but for the reason that, &C.
cOrding to rule, both Mr. Preston's task and
his own were ended with their respective
pleas.
Mr.. Ratclife now rose and said that it ap.
peared that he had given offence to one of hi:
particular friends, DIR. Miller,) through the
} reports, which had gone out, of his remarks in
regard TO DR.. Miller's testimony. Mr.. r. in.
timated that though the newspaper reports
may give the letter, they do not the spirit, oil
the proceedings. lie disclaimed any inten.
tional disrespect to DR.. Miller in his remarks
In the opinion Of the repOrter-and it ii
the most charitable construction he can put
upon it-Mr. Radcliffe did not know himself
precisely what he was saying in the course Of
his somewhat remarkable achievement of yes
I Serday
Following the explanation of Mr.. Radcliffe
some sharp words passed between Messrs
y Bradley and Preston, and Preston and Walker
in he nf scin pra
to the jury, said that if a stranger had come
into that court he would have thought thai
his colleague (Mr. PreSton) was on trial, in.
stead of the prisoner-with such earnestness
such conceded eloquence, had the counsel on
the other side consumed the time of the Court
an endeavoring to prove that his colleague
was there in the improper discharge of his
professional duty. 1t was told his colleague
that he had missed his vocation-that he
should be on the stage. To return the com
pliment, what class Of theatrical character:
should be assigned to The other side?
Ii had struck him while the gentleman
(Mr- WalkeIl was speaking that he was the
best formed Hamlet he ever saw Laughter
MIR. Bradley should represent the Friar, and
mr. Radcliffe would make q most pre-eminent
grave-digger. If these gentlemen would take
the parts assigned them he would assure them
on Overlooking benefit. Loud laughter, par
ticipated in good humoredly by the counsel
for defence
Mr.. Key proceeded in the same forcible
manner which characterized his plea on the
former trial to present the evidence to the
jury, and after speaking two hours and a
quarter closed at twenty minutes past seven.
On request Of Mr. Bradley, the Court read
TO the jury the instructions given already
and thereupon the case was submitted to the
Jury, who after an absence of about an hour
returned verdict of acquittal
Mr.. OWEN, who was one of the Jurors upon
tie second trial of p L Herbert, requests us TO
correct the impression that he is a member of
the Know Nothing Order, which he thinks has