Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-08-06

SPEECH OF l.. A BGRerx present an,
readers with an abstract Of the speech Of T.. A.
bargte, which seems TO have created such sen.
SALON In the Criminal Court on Wednesday iast
Mr. Bargie was called up for sentence on the
charge OF false Pretences, OF which be had been
convicted, and spoke substantially as follows
The prisoner would occupy the attention ~ IN o
court Tor a few moments Nothing that he could
saywould remove the verdict against hi m: notbino
ma. ne souIa say would mitigate his sentence
he asked no mercy; that word had meaning oniy
4or tne guilty. The dark game Of per.rcufi On
might De continued to the end: he vo,ild rnest ~
1e nao met u, with the calm front of disdainfui
nonesty, counting no favor, and feeling no fear
but be owed II to those kind friends whose hearts
hao throbbed truly around his own in his bour
OF bitter rii,usaton; he owed IL to his faithful
counsel, wife, Knowing bis innocence had labored
with such wonderful zeal and ability I'm his be-
eaiis he owed II to himself, msligned accused
convicted, and about to receive sentence that he
to1o ofier his own view Of the case, and subject
eoe charges against him to the Of his own ex-
PLANTATION. His remarks would be based upon one
single complaint: that he had not been tried upon
the issue Of the Indictment alone, but upon gen
What was the case as made out by the prosecu
tion2 That Bargie had told one Benjamin. Cham
bers that ne Bargie) was authorized to draw
upon one William Francis Mclean, of New Or
leans, Tor some money that he (Bargiel wished
Chambers TO indorse his draft; that he said fur
ther, that Chambers, In all probability, would in
cur no risk by indorsing the draft; that Chambers
understood, In fact that he himself was to collect
the money and that. under these Representations
Chambers had Endorsed the draft Bargie had
the paper cashed by business man; IL was sent
10 New Orleans; it did not ind Mclean there: IN
was returned protested; and Chambers paid II
Bargie not being able to meet the obligation at
once, tnis prosecution was brought Thus stood
tue whole case, upon which be had been con-
victed
Now for the defense. 1t was proven by four
witnesses that Bargie was authorized to draw
upon Mclean at the time for larger amount than
the one named. IL was proven that he drew with
the Jdstitabie belief that his draft would be paid
II was proven that he had rendered such import
AMI services 70 Chambers to make IL proper that
that old man should do him any reasonable favor
IL was proven that when the draft was returned
protested, be used every effort, in the midst of
~ even 70 protect his indorSer against loss.
W twas proven that the money, principal and in
terest, had been rendered to Chambers and bv
him refused. And it would have been proven
mad the Court Permitted, that Chambers and his
son Were atheists, believing in state of future
existence, acknowledging no accountability to a
supreme Cod and that therefore they were in
competent as witnesses twas established, be
Nond All question, that the accused bore a high
character for personal honor and that his assocfa
lions forbade the suspicion of his stoopinp To
ISlse Pretense for the purpose of obtaining money
bis was the status Of the defense
AT the very start, the defense was met bv a mere
legal quibble. The Court had ruled that after
Chambers and bis son were sworn in chief, no
testimony could be admitted directly as To their
religious belief. Ii was in vain that counsel OF
fered TO bring forward their own declarations 10
many parties; the Court clung with tubborn OBJ
sfAhdCl 70 decision which was mdnlfPStlV aOa st
the prisoner And so these two men, whose own
admissions marked them infamous were placed
upon The stand; and all their imperfections were
vanished over by the authority of the Court
he prisoner knew but little Of law, in its forms
ana lis bubbles; but he had some acouaintance
Win the philosophy Of justice. II was a safe
pIlnclpie mat the deed must be qualified by the
intent; that there can be no crime, without the
intent TO commit crime. Now, il Bargie was
authorized to draw on McLean-if he had a rea-
sonaoie nope that Mclean would pay his draft at
hlar .off., II
had Tor defrauding Chambers! That draft WINS
the paper upon which Chambers was responsible:
that draft Mclean might reasonably, from the
talrest business point Of view, have been expected
TO meet How, then, in the name of common
sense, could there havs been any possible intent 10
defraud Chambers In order to establish that in
tent, TOE prosecution would properly have been
obliged to prove direct conspiracy between Bar
gle and Mclean; for the authority to draw and
the reasonable hope that the drafts would be paid
Were so clearly set forth by the defense that not
even the sophistry Of the District Attorney had
ventured to intrude upon this forbidden ground.
The prisoner did not blame the District Attor-
ney Tor having prosecuted the matter vigorously
But he did blame that person for having sub1
mated the grossness Of the indictment; for having
treated IL as the elchemisis treat the baser metals
tor having played the part Of Peter Funk, gal
counterfeit hue Of refined gold to a case that Was
ieaden in its stupidity, and brazen in its marvel
GUS ana unprecedented insolence. Yes, the pris-
oner would say Unprecedented. For, little as he
Knew OF legal forms or history, he would wager
his life. that there had never been such a case Of
Iaise pretenees in any record, that ever emanated
from The brain OF one calf 10 be bound In the skin
Of another.
When every other foothold had been knocked
away from uhder the prosecution, the District
Attorney made his last desperate stand upon the
alleged fact that old Chamb understood that a,
was 70 collect the money. Now, said the Dis
trict Attorney, II the jury believe that Chambers
understood this from tue representations of Bar
gle, then they must find Bargie guilty. The
moment that the draft was casbed by the broker
IN Washington, that moment the crime of Bar
gle was consummated. And the Judge con
nFmed this position Of the District Attorney
Oh. most exquisiely counterfeit Attorney! oh ;
most discerning Judge, to whom the spurious
coin was OF equal value with the reali The
prisoner knew that he speaking only by
courtesy OF the Court; he desired, so far as he
could control himself, to be respectful to the
Courti but II he had read history Alright Judges
upon the bench had been impeached for less
cause than might be furnished here.
The prisoner thought that the false pretense wa s
with the prosecution. He would look at the
understanding Of old Chambers In regard TO the
collection Of the money. Did he owe Chambers
any money! Not al ali; the proof had been that
Tue oohgauon was on the other side. Had Cham
bsrs any Ostensible right to receive the money of
Bargie! His own admissions answered - no ~
w here, then, was the motive, Where was that
par OF aosurdlty which an impartial justice would
have set up In the path Of this motyeless SUPPOSE
uon There was no motive, beyond the win of
the District Attorney; there was no bar whatever
In the pliancy Of the court
Suppose that Mclean had been in New Orleans.
suppose that he had paid the draft suppose that
the clerical broker had received his money: sup
pose that old Chambers had never heard further
OF the Transaction; would there have been apy
case Of false pretenses! Who believes it, Who
can listen to such thing The draft would ha We
been In the hands Of the prisonersfri I,ean;
II could not have been produced in evidence
The broker would have been satisned-this cleri-
cal broker, who, not content with his salary in
once, increases bis means by shaving needy men
Old Chambers would have been satisfied: for
although be had not collected one cent he would
not have lost one cent. But the District Attorney
would not have been satisfied No; with the
instinct Of bloodhound, he pursued not merely
the trail Of the present prosecution but trails thai
were more ancient, more remote, and entirely dis
connected from this affair
But the District Attorney had said that when
The Washington ofoker eashed the draft the guilt
OF Bargie was contaminated I; and that nothing
which occurred afterwards could add TO- or a..
tract from, the guilt Of Bareie The court sus
tanned this position. Now the prisoner was will
ling TO take this position as made for him and
upon IL he stood acquitted Ii was In evidence
that, when the broker cashed the draft Chambers