The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-03-23
The NoTwallk Bank Case.
~ OF THE CASE FOR THE PROSECUTION AND

A1SN" - -"
UNITED STATES CIRCUIT COURT.
Before Hon. Judge smslly
MARCH, 22-The Unisd S.ltes -s. Jas. s Wali1ms.-N
the opening Of the Court this morning. Mr. Dwight stated
That the prosecution had been unable obtain the
Field to procure whose attendance he had asked tina. the
case might remain open till nov, and that the govern
ment would call witnesses, but here close the
reply He (dr. Dwight had been informed that tn yes
ierdsy morning this witness had been constantly at his
place Of business, with Mr.. Collins, but that since that
time he had been mysserously absent aud although till
O'Clock last night the ocers had the search,
they mai not been able to find him. This witness would
SHOW, was expected, conclusvey, that the defendant
Collins Hotel Christmas evening" the time when
Miss McAenomy testified he sick a. home. As tho
witness DO found the government would here
rest.
Mr. Busted stated that the defence would offer no evil
dence in reply, and that here they rested.
The Court here read request from the jury that IL
they desire the counsel to furnish their sum
up early three o'clock this afternoon Tho Judge
stated that Of this should control the
but 10 be enthusiastically an expression Of OPT
MON Of the Jurors,
Mr.. Dwight remarked that under the circumstances,
and In view OF the many long and tedious days which
had been consumed in the trial Of this case the
ton although willing up the jury and prepared
-A~ ~-'N~'
tie charge OF the he therefore proposed to the
defence that such course be pursued.
The Judge obsereed nat although counsel csud agres
10 that course yet he SHOULD much prefer thai they shoui
Nj Busted said he had often heard such propositions
,nade-ndeed had oten made them himself II In tins,
had few words say in behalf OF his CLIENT
his duty He then proceeded 10 address the Jury 10
The course of his address which occupied over two
hours NJ. Baseed ntst referred - end Analysed the
United States statute 1925, der which the indictment
in this found and contendng tnat the proof, 10
ic nfI.I IN
tcn claimed that there evidence in the 10
support the ino,ctneDt; that neither the
doIser Of thu prOgiasory note which enclosed ia
lhe letter taken rom tbs Post 0ice proven 70 be
solvent that the OF its value that money
could be raised upon IS but the capacity of the persona
sgainss whom II was liability. He also caimsa, as
matter u law, that there evidence that the Nor
wax Bank ouy Incorporated under the laws OF Con-
neccu ana berce no evidence thar the noses issued by
it q any ieGs value He proceeded 70 argue that
The csse was ose CT purely oircun' auA eTiaence on
whCn the incupsiofy iGcts upon which the utol
relied were al Of suoseqdon occurrence % taeeos des,
and read 10 the Curt aud jury from Best or presunpions
and wills BUrrl on ciroumstSatiA evidence. He con
irased power o, prosecution with the forion
clifton of individual in ,he grasp Of naiohss strength,
stricken down and unable TO eope with such an aiycr
sary adyertsd ihe deseTton by his wife o. their
children aud the prisoner, expressing his thanks insi
meanins the Jury wah he oeso-Se4 & Be- tas oys1ne
OF every legal arch, and The esrses -vesc. sy
C ss,ies of peFsecnisi suhss sz4 va ~ iAa
righteousness az the Law br zesa as rs~sr q govern
Ins and the dest lcton B.. then 81 vac TsaS REz safe
~ Of individuals Ia passing y me .eSa,ay,
force the evidence giren b. the sel.ezs o. The
bank tossiey ani 0Slln)' hsssrs- u ha,s a. s2a
iiams, The first man arrested for tnis offence,
swearing positively to his being the persoa who arst
received the money from Adams Express Company
infinitely oisseciea, ard the danger OF oonvcing
upon their testimony earnestly AMI eiaboraeiy Set
npon The counsel accused the government for no. pro
duciug Bixby, the paying teller OF the Norwalk Bank
and OF their dschsrgpg from his recognzancss that
he might pc. out of the reach Of subpoena Henry
Williams, the frat accused, bet geen whom and James s.
Williams 0he present sccused) one OF the witnesses for
ihe government testified there strong resemblance
In sustaining the witnesses By whom the alb proven,
counsel spoke OF the industry and indeahgaoy OF Mr.
Hobrook whom he described the Guy Fawkcs OF this
governmental poi IN getting the jsllor Of hogs county,
between daylight and dark 10 prove that person named
Horace Hewitt was imprisoned 10 kwgs county,
that he the person HoIatio Hewlett, one
Of the witnesses al,b He challenged the prosecu
aon mpesch Mrs McMenomy the other witness 70 the
uti, who hud kept a boarding house in this city for
twenty years. and ssd that II there had been s!ogle
vulnerable point in her, even though should have been
in her beel like Achilles, the barbed arrow OF Hobrook
Hclbrook had come special means OF overcoming
time and space, or balloon OF bis own Invention, en-
abrg him perform superhuman feats In hts perora-
ton which Was eloquent and pathetic, he oesought the
jury be influenced by considerations Of what the
pubic might say or think as to their verdc. and de-
precated the custom which he said, had too much OBJ
fained jurors the sake Of unanmy yielding their
rcascpabe doubts to each other in their deliberations;
doubts he claimed 70 be the property OF accused
rpoke IN cspsurns terms Of the habit of casting lots in
irving verdicts where human liberty is a. stake He
also dwel upon the right Of any juror or number Of
tnded that the first duty ofa jury was 70 hod al accused
innocent ana tina. conviction Of his guilt was result 70
ates the accused Mr Bustcei expressed his o5iga
aons to the Judge for the patience courtesy and mpar
ality with which he had presided At this long trial
The Assistant District Attorney Of the United States,
Mr. Charles H. Hunt, closed the argument the part Of
the government We give brief outline o. his remarks
lie would not be proper for him to exhibit feel
any thing Ike the imprisoned zeal which SO bee
cused especially il the latter believed client
nocsRt The duty OF the prosecuting officer In such a
ease to cid the eourt and jury IN eciing all
facts The law Of the ives simple and well under
ktood The govern ent must satisfy the jury by arms
Awe proofs that the defendant committed the offence
charged, hey oad all Reasonable doubt As 10 the nature
Of the reasonable doubt which should, In criminal
insure an acquttA, the Jury would hear particularly
from tie court j. was OF great importance In . case
resting upon such vast amount OF evidence TO separate
In the outset such facts as are admitted
pdputably proved from such really in dispute
In course Of long examination many facts must
necessarily get csar established and the real Issue thas
narrowed down from many to few points 10 this case
it would be found question fact left
- consider and but II Was thoroughly established
In evidence that letter was written at Norwsk and
maiIed there addressed 10 f. A. Williams at Nav York;
that r. A. Williams 10 whom IL belonged did not receive
IT. thai was in the list OF letters uncaled for
ibs person not entitled to call for the letter dill call
for and get IT. that such person opened It, found in
promiasory note, forged an alteration Of ono word
wrote there the leaer, Exhibit G, which was
forwarded with the altered note, which wss thus
secured TO be discounted by the Norwak Bank and that
the iorger the following Thursday receved toe pro-
ceeds through the Express Company. Tnore was then
Out one qutStl1n hul was tns
the nAnf Upon that question the learned counsel
tended that many matters discussed by tie defendant
counsel threw light The evidence then reviewed
in the folio wing order list Tho fact proved that the
defendant habtuay called for advertised letters &. the
Post Oce addressed 10 various Names during the fall
and IN December. ID, The feet that among the let
ters 90 called for was che from bank, aud just
ike the letter in question. 3D. That in the opinion OF
witnesses the defendant IL the person who called
twice at the Office OF the Express Company, and there
wrote Exhibit C., and got tho money. 4,h, The
condition OF the defendant a carver in
eating house 81 six dollars a week I'LL about the time
of The commission OF the crime. bh, Immediately after
that the DEFENDANTS opening four bank accounts
ing four fictitious names for the purpose 9Th, rbs
Trajectory and false statements OF the deendsn. the
pubect OF his money 7,h HIS omission 20 give any
rount explanation OF his calling letters not his
or of his receiving letter from bank or auy sa.isac