The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-08
TRIAL OF COMMISSIONERS EBLIN0-rHH RECORDER g
CHARGE,


Before Recorder Smith.
TRIAL OF COMMISSIONER EBLING-rHH RECORDERS
CHARGE.
MARCH There was large crowd Of spectators In
attendance at the Court of Sessions yesterday morning
listen to the charge of the Re corder in the Of
Commissioner Eblng The Court opened at few
minutes past IL oclo,k and the Recorder proceeded to
eeiver his charge, Of which the following is the sub
stance
teressng one and undoubtedly, of great importance
not only the prisoner the bar but also che peo
pie Its not to be disguised that much has asad
rot only in the public prints but BY ali classes Of ct
zeps, in to this case and others of similar
kind The reputation Of city has suffered At home
and abroad by the statements which have been made
with regard TO the Official corruption prevailing here II
therefore behoves you 70 dvest yourselves OF all preu
Il un YOU heard the witnesses testify upon tho stand
Much has also been said about the former trial OF this
and the disagreement Of the jury, but with this
have nothing whatever to do 1t your duty to agree
upon verdict, If you cam but any one Of you enter
tsns honest opinion, though it may differ from his
assent 70 . verdict against his convictions,
ly for the purpose OF coming to an agreement.
" much your Gu 70 ts n9u your the n'nsss =
not intention gentlemen OF the jury to say any thing
you with regard to the facts in this They have
beer sta, ed 10 you and commented on by the Counsel
shall only state TO you the law This you a;e to
ceive the Court lays down. and the Court errs the
counsel for the defendant will take tbs ADVANTAGE Of it,
The Recorder read to the Jury the Law OF 1885,
Ger which The Indictment ia this was found. and
also the charge in the indictment against the defendant
of making corrupt contract with the Arm OF Smith,
Sickle CO. His Honor then took up in their order the
dlt points made by ceiendants counsel, on which
ssy that the jury should be satisfied that the ant
entered into such contract alleged in the tndict
ment but It was not necessary that tne defendant
the last clause of the agreement signed BY himself and
Mott ard produced heae court If bis subsequent acts
show tbat he recognised that contract that sufficient
If the agreement was signed net for the purpose of
carrying out any corrupt contract but at claim
purpo;e-to furnish Smith with the means Of
inducing capitalists in Philadelphia to invest in the ma
chnee thus get them here, the defendant cannot
be convicted upon It, This very important point.
II for the jury to decide from the evidence and from
the paper itself whether this theory OF the defence cor
rect II migat be asked why the contract not pro-
duced If innocent contract II left in the
possession Of the defendant, and evidence had bean
cd a presumption against the theory Of the defence.
With regard to tine witnesses for the prosecution, they
were 70 be sure, accompices and equally guilty with
the de ndant but jury had right TO convict the
evidence Of accompce alone although 1t would not
be cafe TO unless that accompice coroboraed
in histessmony There was also contradiction ia their
testimony and it for the jury who had heard them
testify to say whether the variance BILE,
and 30, which one OF them was entitled to belief The
first question, gentlemen or you to determine III
there eucn agreement as the statute prohibits! No
mater Whistler 1t was ever contaminated or not, or how
The whole case atc all that has been said resolves it.
Fef into the simple question whether such contract as
that alleged IN the indictment was MADE or not, ana
made whether it made with acorrupt intent or asis
claimed by DEFENDANTS counsel for an innocent purpose
You will carefully weigh ell the evidence, gentlemen and
decide ~ your best judgment shall dictate And if any,
thing has suen from the lips OF the Court which
indicate what its opinion in the you must throw
it all eside So Also there should be any friends of the
pis ner upon the jury, they shoud dvest themselves Of
all bias 90 that account And remembe, that when
they take their hs jury box friends should be
regarded straDgeis and enemies if there we're aay
should Re forgotten.
The charge, Of which the above is but synopsis
pied about hour in the delivery and at its clqse the
jury retired in cha re OF officer at IL o'clock M
At half past FIVE O'Clock 7. NJ the foreman sent the
following note to the Recorder
Mr. RECORDER exWH Abe jury In the case Of Joseph E.
Lblug cRlR0t agree and would respectfully ask TO be dis
Charged. DAHL WkLLMAN KUKNER.
On The receipt Of this noe the jury for by
the Recorder and after short interview from which
spectators and reporters excluded they sent
back TO the jury ROOM where they remained any
prospect agreement up to ten O'Clock last night.