The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-27


Judge Capron-Ah! then am corrected. This
crime upon which you are to pass Is one Of the most
q CRIME which high minded gentleman values next
to bis life and sometimes above it. make these
that will be visited upon the defendant,
you will see the necessity of this that you will find
HIM gni ty beyond doubt before you find him
guilty. He is gentleman who has always held
good position in the community, and should not be
struck down by light or trivial evidence. Your yer
dict should not admit of reasonable doubt. The
defendant is indicted under the statute declaring
that any officer accepting any gift in consideration
disqualified from ever holding Office, &c. (rhe
Judge here read the law upon bribery Under the
evidence in this case it will be for you to say ~he
ther the defendant the 9th day of January 1865,
Tor which he was to receive a certain value in mo.
ney, and II you are convinced he did make this con-
tract, he is guilty Of bribery and you should 80 find
Il ia not for you to say how he should use his in
fuence. II you believe he promised to use his In
fuence, you need not inquire whether he was
able to use it or not. You need not trouble your
the city government, and it is presumed that he
knows how to use the influence which he promises.
think it is out of the case how these contracts
might be obtained or carried out. The only question
for you is did this defendant contract make bar
gain that he would grant certain favor officially
for certain sum Of money? Now, upon another
point must charge that ignorance Of law Is no ex-
cuse. This excuse may address itself to the execn-
tive in plea tor pardon; but it is no excuse before
u court OF justice upon trial for penal offence.
have had men before me who have been tried and
convicted who have not been two weeks upon our
shcfes yet no one thought Of setting up for these
defendants ignorance of the law, although this de-
fence would have been true if not legal defence.
This statute under which he is indicted Is two
years old, and the defendant should have known
it. His ignorance Of the law is excuse whatever,
and you cannot consider it as in any way excuse
for the defence. Now, gentlemen, will charge you
upon the evidence OF an accomplice. charge that
an accomplice may tell the truth; but jury should
never convict upon the testimony of an a.eomplice
only, without any c0rrobOration Now let us look
at the evidence and see if Smith is corroborated II
you find he is corroborated and you believe it, the
from Philadelphia; he saw the defendant; q con-
tract was drawn up, receipt was given, and the
parties bound themselves to certain agreement
Where is that contract! II this contract was not
feiopious why has not the defence produced it2 It
was incumbent upon them to produce it, and they
would have set the whole matter at rest. Yet the
defence have not fit to prodaoe this contract;
and why they have not done So stion for you
who Is also an accomplice, and 30 far as his
testimony goes cannot see that it conflicts with
the testimony OF Mr.. Smith. Gentlemen, am re-
quested to charge you upon some points Of law
which have been handed me. nm requested to
charge that unless the motive corrupt, the act
was not wiifui and corrupt Upon this point |
charge that If the act was unlawful it was wilfulan
corrupt. The question then is, did he do the act?
II be did, the act was wfnl and corrupt, because
it was violation of law and the law he is presumed
TO be acquainted with. ! am asked again to charge
you that this act does not come within the bribery
statute Of 1863. | charge that it comes within this
statute. The law abhors bribery and is very jealous
Of its officers; cannot the force Of the idea that
IT is after to us as to how the defendant should
use his influence l cannot charge you, gentlemen,
that it necessary that the defendant should have
accomplished an object to be guilty. charge tina
the stipulation to accomplish the object makes on
the charge of bribery; am requested to charg
again that the defendant cannot be convicted unles
he bad criminal intent. have charged you already
upon this point. An intent to do wrong is not neces
safy in this case. II the act was Illegal the inten
is presumed to be bad, and if the bargain made
unlawful, it was wilful and corrupt matter what
the intent of the patty might have been at the time
OF making the contract. ! am further requested to
charge that Smith is an accomplice, and should be
ccrobc,a'ed cor ! have already charged You upon
Gentlemen, don't know that can say an, thing
more to you. ! have tried to be brief, and if in
considering this matter, you have reasonable
uoubt Of this contract being made. then the de.
tendant is not guilty; but if you believe beyond
reasonable doubt that this contract was entered
INTO, ten yen must frd the prisoner guilty, without
considering the conseg, ences.
Mr.. Brady wish t. say to your Honor that there
has been no paper proved to be in existence such
you have charged the defendant should produce;
and again, would cay that Mr.. Mott cannot cor
fenoia'e .s1s Mr. smith, ne being an accompce him.
Mr. Bnsteed read bill Of exceptions to the charge
Of the Judge.
The jury then retired in the custody of an officer,
to deliberate, a o'clock in the evening.
At O'Clock the jury sent word to the Court that
they could not agree, and asked to be discharged.
Judge Capron sent back the following repiy, in
writing:-
GENnEsEN TIE JrRy~.In the present state of the
and the jury, although It would afford pleasure
To comply with your request to discharge you yet do
not feel hst can do SO at thi time consistently with
pubic justice. s. CAPKON.
The jury were then brought into the court room
and locked up, Judge Capron informing them that
he would visit them at o'clock III the evening, ana
# at that time they had not agreed upon verdict,
lock them up till morning.
The Judge came to the court room at 10 O'Clock,
and asceltapng that the jury had not agreed upon
verdict ordered them to be locked up till O'Clock
his morning, when he promised to meet them again.
At this hour 1t was understood the jury stood six
for conviction and Tx for acquittal.
Personal Intelligence.
Hon. r. Toombs, United States Senator from Geor-
gis among the arrivals yesterday at the Metropoh
tan Hotel
At the smithso ,isn He use.-Mr c. Jewes Maine Doc
or F,ssmsp rhil1asghis Hon James cns Il sfwa twin
don Emerson Boston Hon George lay Ss snass nosJ
Hon. A. g. Jewei,, Geo.
From Char eston, in steamship Nashvlle-G Brown,
Chst, Mrs Levy snc chic TWO Mase sase, kurman.
X Boyce lady servant G Boone, Mrs Hall Wenmt
Mrs Cbids three children and servant Reed Robinson
fIes. Nrs Grice Henri. Graves. sggart Miss
stiles, Miss scott IN steerage
DEPARTURES.
For Rremen and South implou, in steamship Hermann
Mrs NJ Brown and child schwarz Q BoiE Mt Goslng.
sendtm jr De $ Beng. Alfred Jonrne, buoi NJ. Jsnt
schoser and infant Mrs Caro- inc pre trich Bekley,
II resos Mr. burr, Mrs l. lindsay, New York Dwight,
New Haven't MIR Strong CALIFORNIA; Sc Wolf, Dover; ,leo
Rosenberg, Circinnau; l. Kaegenseln, PhIadelphis VIM
kock, CncinpAu; q stein, st Fau.s Miss; skouberg
Baunsark Jonn Conrad, francisco; ne bufeand bre
men, Solomon, Germany Mr. Ables VALET julius Vaugm.
honduras
For Savannah In the steamship Alabama-John Eppsten,
Now bor err Vim Noech Root Donno ", copper, John
BGesory DAVIS @ Pea, aop, Dunlap lady Miss Duo.
lap and sister, Huford Mrs Lent Mis- NJ Lent Miss
Lent Miss Myers, Mrs frende Rast son Neyitt Mrs
N Marcus Miss Emerson, Miss Whitehead Mis- LapsleF.
Mrs Brai'aforc, Miss Living ston IanRworhv lady
wilkins u II Drsne, Mrs " DraDe Mss Watson Mrs Ii l.
Price h chldIeD G Sullman M Picot, w Whemor-,
Turnbull l. Guion: Allen Al en- Jr., J w smith,
Mrs harriet Henry Thompson Chas Day-and IA In the