The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-22

United states Circuit Court.
BEFORE Hon. Judge SmallY.

United states Circuit Court.
Before Hon. Judge smaly.
MARCH ls-rAe United States Us. Jas. s. W8liaws.-At
the opening OF the Mr. Dwight said that although
the prosecution had other witnesses, the evidence
merely of cumulative nature, and In order 70 time
they would not be called
THE CASE FOR THE DKFENcE-DoUBr OF IDENTITY
AND AN ALIBI.
Mr.. Jas Ndgway, in opening the for the Defence
stated the Of the charge aea the prisoner The
indictment 10 framed under the twenty second section Of
the law Of 1885, regulating the Posi- ONCE and prescrbes
punishment such offence be imprisonment IN the
State prison for term Of from TWO to ten years The
The case for The soysrnnsn Ia. the ssuctiy q the
malls should be rgdy guarded and every person found
than myself agrees with him In that proposition. But
while Is Of the highest importance 10 protect the Post
that the Innocent should suffer for the guilty that
desire vndcate the laws be made the channel which
to oveIturn those legal Of innocence which
The enjoyment Of the rights pledged and guaranteed %
Ter how exalted how humble his condition OF life may
be-s barrier OF presumed innocence 10 erected, which
the evidence must annhlate before the opposite be
entertained That right which the Law 10 it, humanity
and its mercy has very properly conceded IN favor Of
deseDs Of those psrsops VINO night wish 70 prefer un
founded charges crime for the accomplishment Of their
plans From the course adopted by the prosecution,
10 be reversed and that the defendant called
upon establish bis Innocence, instead Of the govern
several authorities and then gave Of the
Nothing than TO bring accusation, and we know
cent circumstances artfuy and designedly linked
fether for Ae purpose OF imposing upon our Judgment,
coils laid him number Of circumstances Of
the most harmless character which might be found 10 ap
ply to large portion Of the business men In this city
Of the secrets OF their affairs were only ex pose1
10 public gaze}, ingeni0usly spread before
you 10 influence your minds, as evidence of guilt
In this case It is not necessary that man should
expose the condition Of his private affairs to the public
gaze, and II he refrains from doing so you cannc.
would be soon broken up Cities depopussa ana prisons
filed TO overlooking Counsel then proceeded 70 argue
that the circumstances in this case are perfectly reconc
able with the innocence Of the prisoner Is II 50 very
curious that who bad become infatuated in invest
ing his money in the purchase Of lottery tickets from the
praisewortby thing work for small salary rather
than remain in dleness-that Of all occupations;
and yet thar offered Of the anke 10 the chain Of
fasen felony upon the defendant Counsel also
alluded to the evidence In relation 10 the offer by te de-
purchase Of two horses for si5 and another for 3d. from
which the sought 10 deduce the inference that
from such evidence Of extravsgance the defendant could
not have come by bis money honestly. Mr. Ridgway
then referred TO the facts OF the suspicious Of tine prose
cuton resting nrtt upon Henry Williams, and every Of
offence Witnesses found who testified that the hand
writing Of the forged letter sent by expessto Nor was
tina. Of Henry Williams and that he was beyond oil ques
ton the man who committed that forgery at Adams Ex
press Office After fixing the matter on their solemn
oaibs, and letting remain for length Q; time as ssg
that these witnesses subsequently told that they
must have been mistaken when they swore positively and
unhesatipgy TO the denty of Henry Williams as the
which show bow little credit may be given TO their esti
70 BE- truth itself r what they sxcre against Henry
innocent; and, II their testimony ag.ns, Henry Williams
was false as they now say then their testimony must be
not Counsel then referred 70 the question Of the appear
Of the two accused parties the dssmariy of their
size, color Of hair and complexion After some further
remarks Mr.. Rdgway eaid that the defence wold show
that st the Porter and Yale say the
Adam Express the defendant could not By any human
probability have been tnere thS his crcum we're
not strseped and that instead Of shrinking from the
deal he was perfectly willing to go ito the officers to be
the prisoner displayed when FIRST made acquainted with
the crime charged ant him. as he requested .he officers
10 walt fer him until he and after that kissed
his children their departure for school and then cheer
fully expressing bis reacin % TO 60 down and K he
could be identhed, crcumsiance which stands
some would have them believe that they sho pis ind
victim for the fraud which has perpetraed hit rev
much the guilty suffer as to Assure he e.
tape OF the fnrocen The law does require an exp.
Grg ssc,cs because banked q s prey the ds
very same caenSe Justice aud not vengeance Is rs aim
an, object While you may be unable to res.ors
This defendent to the position he occupied before
bis arrest, you csn st1 render a slight stouement
for tie cruel wrorg which has been aoue h. n
By giving him the benefit OF an honorable scqot.ai
The result Of this in your hands Il q ser.o.s
10 the prsener, as involves his liberty IL lie serios %
ns lite children for may take from them ford father
their only protector ana support and them from iee
AMI alone upon the cold charities Of the world snd Il
serious to you gentlemen for the vast responsibility
cered in evidence convincing. utterly rrecan.
cnole with pnocsnce that you compelled u him
saty, or whether these circumstances warrant you ia
After ssne un!mrorant testimony the Court adjourned
March 20 The case for the defence vss Ses.s .,,,
morning. when several witnesses were examined 10 move
that he bad been engaged in busnes ors n the
agency or sewing mAcbinee, and dealing in sks ~.
previous TO this alleged fraud and that he bad rnooey
John Il Doyle, examined by Mr.. Clinton, deposed tbs.
fndan in January or February of th:s ycsr s.5o w.b
he had won In the lottery.
Croes examined by Iir. Dxight-paa the defendant
that amount at several times during month &c pur-
chased some tickets before Chrsmas he never dre over
SEQ a any one time, except in the middle Of January he
Grew 800; never knew HIN 70 lose &C.
casona: he wes The luckest ever saw (Lauchter)
recoect Officer McD,ugal calling on me respecting the
that the defendant had drawn the amount have ataed
have clerk and hackers; merely per cen,see
not. have The money TO pay the tickets myself
Mrs. Mary whipple eeposed thai about the lst o,
fined from lamenees At the house of Mrs McNimsnsv
The husband OF the last witness gave similar testimony
Whey, formerly detective police officer depcssd
tna ne called on Mr. Porter at Adams Express COMPANY
about this Transaction; be asked me IL was reporter
and said not, that thought he ought to know me- as
mad been there before rs detectve he told me about
,ls money having been obta ned; he told tee man
had been arrested the defendant not arrest
ed at that time nked him if they proposed offering
reward he said be thought not, they had the man
arrested then said oh very well, IL the is arrest.
ed e not neoeesary for to make any further nqui
ries and walked out; asked him before that /. be
was sure he had the right man: he said yes,
be had been identified az nearly a. one man
could be; on second visit 10 Mr.. Potter told him
that thought James Williams who then arrested vac
the man they wanted.
Coes examined by Mr.. Hunt-Dd not scy TO officer
AcDouga that the prosecution did not subpoena they
would regret IT. was subpoenued before Commissioner
White by the government but was not examined.
Horat'o Hewitt, for the Defence deposcd that know
the defendent saw him have from 81 500 to 600 Ia HE
possession IN the November this trausacton M
hfties. ~
Mrs. McNimeney teposea tina, she resides a, Eas.