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

70 other nauCns, AZ would CRY out with "A voice oil
~srnng. e"sEe OF everything which II sits che
need, IN al shOught the freedom Of speech; pre-
serve free pIoss; fear less its occasional lioeutous
nfss than the eternal license for wrong which fol
lows It's silence; watch every invasion OF y0ur legs
tative assemblies and their rights whether by the
steaithy march oi corruption or by opes violence;
keep ever In your haRds the purse strings WHICH
an bilious ru)ers for their own wicked ends will oos-
uive thousand devices t. draw from you; beware
OF everything which tends TO degrade or depreciate
labor and knowledge, the companions Of Derty; and,
IA yon would leave TO your children the blessings of
peace and security for the future beware of ali those
PiitteriDg plans OF foreign cor quest. which, while
bringing to you nerveiess empire. motioLless and
wide, create t0T you host Of chartered iibertines
lazy swseperers TOO proud to work il not also TOO
ign 0sant and therefore the fit tools for schemes
which may secure their advancement even at the
price OF those great principles CT justice aud right
10y which alone INDIVIDUALS can be happy, nations glD-
noas, and libesty durable.
The Trial nr VIM. y. luoS trmsS al Bo-tos
ON The so.tcn DA,ly Aoveft'ser, Jao, II
continued In he Municipal Court yesterday morning
Evoerce iov goverrmens coninuec;--
B<fjaMp I. Reed Calsd Mr. Turhern1. handed q
yellow envelope the sniag the day OF his inter
view vhh Mr.. Hooper, asd asked to take II IN couG.
otnce and refused so DO 20; never the ptcKace
afterwards, nor CID know ne contents urtli beard
them exp aimed ii court the otter made &c when
alone in my oLce, before Mr. Hooper To- the pre-
vous nsbt Lynn, 40 sais that he had ioaned money
OF the corpo sunn, anu subsequently he SAID he had
iosntd 20 Or Moro, snd not be ablo 20 recover
II In time, be asted SUM, and menti mod other
loans to other parties reference made my being
his bondsmen. apo some talk had OF my being
secured by hs wne's interest IN bs raj estasA, bat
the proposition was declined and I told him II
would be better 30 give the company evory thing he
bad; think this subject vas never mentioned
until TIE morning tpAi TOckeraD met Mr. Hooper in my
obce He tbonsht That IL Wa OF great import, that
the name OF Dr Norton should not be de cubic 10
necon with his shsrs e. tho chances OF that g
getting his money from government might be perlled by
exposure, and he requested TO keep tho information
In couotncs. He ssd that secretary War bad de
tcrmir Cd 10 give Dr. Morton IS 90 and the Secretary of
the Interior Wsshir gton and thst the matter
was ocntr gent oply the decision OF Mr. Cushing is
relative 10 confession IN substance and purpor
that he ade clean breast respect to the
affairs, BIO would have chance TO esospe any Grimm n
tears 81 the time Mr. Hooper talked with him; he
never maoe any estimate OF the amount Of pro-
p ne ,us o. sao SndGr;ood to BE- so ooo
to mako loan TO any one of money belonging TO the
company without orders from tine directors; far
know when he made loan il regularly entered on
the companys book have hired money when
director and Afterwards; but cannot tnat Issw
loan made by Mr. Tucsermsn any other party; Tuck
eIman told me, when at Lynn. that he bad been at Wor
ceeteT to advise with Mr. Salisbury re,pectng his affairs
The next witness was yr H. Severance, bookkeooer
OF the Merchane Bank, wh0se testimony showed that
the 9Th OF Jube 1885, Tucefmans NJ bank
was ovcrdrswn By $3,3l7 81
George ii Simpson, receiving teller OF the Merchants
FI x testified to The deposit Of 5000 by ruckermsn on
the 2etb OF June. 1855.
Mr. Samuel Hooper was r. called, but testified 10 no
that has before been presented that
she wed that the Eastern received soy thing la
no payment OF Tucscrmsns loan TO Dr Morton Tack
ermans interest in Morions claim in tho hands
Of the company, but its vauo wn unknown to the
witness.
Mr. Cooley put In tho by laws OF the corporation show.
ciscs. ' '-''''-' u VIZ ~ 49, ''''' 'i'
The Dstrct Attorney here sisted that lbe case the
government closed except thst lac wished 10 amend
Tho specification OF tho Indictment 70 far as to iucluds
the sum loaned by Tuckerman 10 Mr. Jss. H. Abbott
among his Declarations Aer brisi Argument the Court
in this matter ruled against the goverameot.
6r. Bones then oegnn the opening argument FOR tho
defence Afcr disou,s'on OF law points, Mr Bscs
proceeded 10 odGIess tue jury He remarked thai maca
Of the labor which the common weeths attorney had
taken upon hm. ~ had by the ruling al the Cour; bceo
rendered entirely useosr Witnesses oeen array ed
upon tho stand 20 provo pecuaors extending through
seres Of year and charged IN form IA the dict
ntht, kne for which tho defendant could not no be
tried and this could have othcr eject than pre-
the ooiendant In ihe MINDS OF the irry
Mr. B. then passed 10 consideration OF the counts Of
The Indictment. Tic seventh count IL not practically N
the case The pest point was that bank bills ware "a no
septe money-noilhng 10 Eoncy except IegI tender.
Mr. Boies ihen vent on TO explain 'ho reason way nc
IN The fret Daarcc and subst quenty retrscted the do
mitd. They had Cen apded this because ,hat the cy
cepce OF certain anttccden acts Of embez3emtnt was
admitted then they might plead that tho deie n5ant
no. D, IRE ZINE o commission Inc legal treasurer o. Ia;
compshy. -. $500 ..
Another point wss suggested that there had been no
.voefoe 10 tboW thai the money hch IL alleged 10 ave
been dTswn from tho Merchants Bank by the defendant
With leoLous ir,est WAS The money OF tho Eastern Rad
road Com paDy The account does not show this 10 "
the name OF WIN. Tuckerman, Treasurer but docs
not appear from this Of what oompapy be treasurer
hay have been CT bs company any other for all nai
records any CT the oral evidence shows. another
poll raised was, that the government must show what
coin or money defendant hsd embegyloi The indie -
nent charges In como counts bank bills others gold
coin and the government failed 70 chow which % the
had been tho pbiscis OF embczzlement conviction
Gent evidence provo the embezzlemcnt OF gold cos
ney must ind ban not guilty upon that count and
Nm NE eoun, cnsrsns NE smoenzemens OF BANK eus:
sreene forms must 30 proved beg ond reasonable doubt
Numeious authorities cited In support Of this pro-
position II The iury hnd hat hes guilty OF emoczzlc-
inebt oil money, consisting In part OF bs aud part OF
CON- tboy must md now much OF each In
% bs s e 81 a. ss s Inc
whole Of the bills the whole OF the coin, dc1
mite portion Of each or eh, If they nnd tho defendant
The Court then, nj 1 oclock-Hr BoIcs not havipg
concluded bis sddres.-took reco~s until O'Clock
ro'umtd HIS sreumoot. The dcfeuca voui contend. ms
said, TIA tho railroad company did not owvthe money
alleged TO have been 'mbezzed on the pound that
when The money was depoeitcd In bank cfased 10 be-
long 10 the railroad company and became tbs p-optrty
Of tho tank-that Isiiton becoming the debtor Of the
railroad company Tho government mus. prove that the
prisoner c her riolcor cmbel led the money At this
Toint tho Court ncrrosad, and raid hat he should hold
that The money sas IN the possession Of the Corporation
Mr. Trcksrman berg tfcer OF IN. Corporation. and
While In bis posstsson could M, be the sub cot Of
LARGELY BY him but shl be tho subject OF embezzc
mcnt 1Ec gOyernmfnt unrt heo Prove Toe irnrdu-
lsnt intent Of the defendant Tbs point Of fact
which the iury must decide upon evidence or the
most positive chsrncer Per one person % convert sn
other PERSONS property 10 his crime. unlcs.
tntTe va frsucrbnt intent ID was not sufficient 10
prove enbtzzlemeui that there general dcncsn'y in
the dcisndAnt's account.
Mr.. CboaIe here stated and read authortcs on tho
pont that unss the party using tho funds refuses
count Tor them ~hen called on, away there
cvidtnce OF intent 10 en tezzo.
Mr. Bocs then rrcposfd 70 Introduce evderce W re-
but tone o. the govern cnt teftmony.
Mr. William nthon vas called, and testified that he
was admns1kior OF the e staie Of VS.. Tuckernsns
fsiher.
A eolloquy here ensucd between the Court and
courfel the result G. which that the witness
qrosed to stand down, 90 his evidence was considered
iroc mpetsnt
GtoIgo W. Pratt ts,uncd tina, he had dealt In stocks for
Mr.. Tuckerman previous 70 1891. sno no. ,nca.
The court then a. curncd to O'Clock this morning.
lETERrsTISa PROM lfpFRfA-The National IN
fsstoT Las the follow ing Interesting IN cnfence from
Mot foyaTbc Rev. John ScyS. special sgcni Of Tho
American CoicDlIa'iCn eocetY and recently appointed
aoverrmC Tor recaq'urcd Africans, Ter