The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-04

wsfn"E. ~"s'e oI esTy'hiDg whoa II nlts tue
serve fHe psoss; fear LEES its occasional loeutious
ne 81 than the eternal license for wrong which fol-
lows It's silence; watch every invasion OF vour Iegis
atye assemblies and their riohts wIatLar no Tho
steaIrbv march az Formation %, h o yS 90.
k,en ever in yonr Lards the mus. n hso,,
aihpous 'Uefs Ioi .neir own wicked ends VIII Goa
ul'e bousLia oevlces 70 draw IRON you; beware
Of every thing which tends to degrade deprecatc
labor and knowledge the cOmpsnons of ,ioerty: and
as Won would leave TO YOUR children the bIessine al
peace and security for the future beware of ali those
hr;ns~;no AZ ,,o - $3.50 w. 1.e's' 1911, VIM
;ah~s :" yuu q boh 'S''ns eu p"e, iiO'iotie1s ahu
wur, create !oT you most OF cha'tered hbertines.
iazy swsgpereIs, 100 proud To work il not also TOO
iei GRANT and therefore the tit tools for schemes
which may secure their advancement even ut the
price of those crpat principles Of ustIco and I'M
by which, alone iudiy,dusIs can he hsnnv nations Ga,
''"''' anu ""'N'' "''''"''
The THAI OF VIM. y. iucEtrmss, at asostos
~ ON the Bostop Dtty Advertiser, Jan. =.
The trial OF VIM s rvfSermsp for ernhtz zisruent
continued In che Municipal Court yesterday morning
Evloetoe los goveTrmont conlnueo;-
Benianip I. Reed cailsd Mr. Tucksrmsn hnuded me q
yellow envelope the gnng OF the day OF his inter
o.nse ana r,ns a. as au " Nv ~
Afterwards, nor CID know ne coptepis witt heard
them explained N coatt; the orer made 80 when
alone IN my otce, before Nr Hooper osme IL she pre-
ytore night ~ Lynn, 40 eais thai he had leaned
OF tie corpois,Ion, ana subsequently Re sad mad
iosntd 70 Dr. Mortoc and not be abo recover
II In sime, be ststed SUM, and men ,aed other
loans other parties reference made 10 my being
his bObdsmea, some talk had OF my being
eecn'ed ny os vines interest 10 b raj estate, bat
the propot ton Was declined, ana / told him II
would be better 10 give tho company evory thing he
DAD; tbDk his subject vas never mentioned
until TIE morning tpai TockermaD met Mr. Hooper in my
Office He thonEtt tina. Is was OF great import snat
the name OF r Norton shonld not be m, de cubic 10 cue
nfcton with his snss C. tho chances OF that geDterans
getting his money from government might he pered by
exposure and he requested me to keep tho Information
In couaopcs BE said that the Secretary OF War bad de-
Ga ave Dr norton 20 go and the secretary Of
the Interior Wsshii gton $4,000. and that the msttr
was oontf gent opl2 on the decision OF Mr Cushing; is
my thsswhst vas said by Mr. Hooper TO fucker
man relative TO confession in substance and purpor wa.
that be ade clean tfesst the companyB
affairs bo would have . chance TO escape any criminal
accusation; Tuckerman very asi,atod, aud In
team al the time Mr. Hooper talked with him. he
any estimate OF the amount OF pro.
Pc ~ he owned, but | Understood Il 10 be $40 900;
two items sold for $4,000 never knew Tuckormsn
to mako q loan TO any of money belonging TO the
company without orders from dirocsorr far as
know, when he made loan was regularly entered on
the coDpany's book have hired money when was Q
director and Afterwards; but cannot say tns. Isswa
loan made by MIR. Tuck,rman to any other party Tuck
eymap told me, when at Lynn that he bad been ri wor
reeteT to advise Mr. sbury re,pectiug affairs
The next witness SIr H. Severance, bookkeeper
OF the Aerchan'e Bank, whose testimony showed that on
the sth oil June, $780, Tuckefmans account nj the bank
was over6rswn oy sS,3l7 81
oeoike n sumtsop receiving ,eier OF inc Merchnnts
is tce'heo 10 TOE deposit oi 1000 by fuokermIn on
The leth OF june 1913.
MI samuel Hoopes was fc"'n, out testified 70 no
point that he's rot before been presented excep that he
sne"eo bst inc hatef Ioso never received s"ythng Ia
10 pay meht oi iucse'Hhns loan 70 Ut Norton. TACK
etmsn sinteree, IN Norton Gam was low ~ TIC nanos
wupess
MT Cooley put IN mo ny laws OF the corporation snow
ns ne uuues ana Iuoc'ons Oh the rcWVfer rs herefp
cineo
Inc district Attorney here stated that be case for the
INC specnoauon OF tho Indictment 20 ar as TO ircluds
the etn loaned by fuekerman 70 Mr. Jas ~ Abbott a.
anors his de'alcsnons Aher brsi Argument the Court
IN ms matter ruled against TIE goverJmeot
MT Bonss then began the opening argument for Tho
deienet Aher some discussion o. law points Ar. Blcs
psccetoed 10 oueIess Tue Jury he remarked thN maca
on the labor which The commonweatha attorney had
taken opon MIMI NAG, by lne runs o. we Cours oeea
spon ,he s,sna 70 pFoyc pecsaaons eN'enang hroggn
s,t Ca nh ,n s.nS "a ~ i, ,1, - n
tried and Ibis could have no o.hcr eject than TO prejudice
,ne oeienuaht IT me mlnos OF me Jfy u,
MT D. men passoa 20 consoefa. N OF the counts on
!pe nocmc,N iho teVepn .uuh, y no' p'acucniy "a
VIC care. Aho peSt ionl wa, uH oenk Ds F.re "a no
''s ~ ny . 1ohrS yAsei, .os. mnuer' -
nj bouos tneh nv up 70 eNp'ain VIC Ison WY nc
~ ~ d re'' VIC 81 .ne e'mpfny
10 s M, lasiApee ana suos Iuenuy ,ue 90
anro nHo Uen ansea 's st 'ne ev
Vsno. v, .,Ith hnecfu.nt er's W e,nosl. on'n Wss
sdH.u htn taey meh, pesa 'nN ulo oeIe an, W.. ga.
bO'N He N"eo S"mmis'oH VIC ies~i u.Murer VI 'us
comlahy
Another point wss suggested that there had boon no
eVocfce 10 tboW thai the money hrh alleged 10 have
been trswn from tho Mercbabt Bank by the defendant
w.h eloLious ircs wi. TIE money OF tho Eastern Rad
rosa Company; The account does not show this II = IA
.ne nam 0, Wm D. Tucker man, Treasurer but hdoes
Dol speh rom ins Of what compapy be was treasurer II
nay nave been ol IDS company or any other for all that
fecofos or any o. TIE oral evidence shows another
pof fAseo wa, tnat tie government must show what
coin or money TIE defendant had embeGzod The indie
nent onarres In some counts baok BUS In otners gold
com Nd II the government iaed 70 chow which OF the
tad heen inc polecis OF embeZzlemenr no conviction
could DC had Tor tho Jury cannot nnd In tho nfsl sn
entevioepoe 10 prove the embezaement Of geld c0ls
uey must ma nln o." guilty upon that count, Ana 30
YIN inc count chsfshs me emoezzement OF oshs bus
The tnb' zIement Of money r ono or The other OF hese
seehe orms must DO proved beJ ond reasonable doubt
posnon' me w una inai ne guilty OF emoe l.lo.
msbt o. money c1nswng In pat Of bih and IN part OF
com, trey must Nnd now much OF each In no case can
aJWy una everoict OF Ruilty OF m irdebn@ chsrsrtr
Ine yuy nuu nLa bat tDe oeionusni has en- czIod inc
guilty ut all.
The Court then, nj | o'cock-Nr BoI;cs not havirg
concluded bis address-ook q recaSs until O'Clock
Al The orfpps OF tho court In the nfterpoou E,ss