Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-12-18

point. The object Il not 10 esoeEteAA Us
truth Of the natter sworn To- but 10 aver
hat ths matter sworn 10 is material. A
witness may swear falsely, and the justice
nav know that he Is swearing hlsely, but
ne questions themselves which srs sWora
e bSoomeI material whether they are trus
or false. WheR you merely alleEe that Ger
tain questions arc material, you are not
compelled to spread on the record Why
they become material,
The prosecutor read from PGgkars
Criminal Rep. P. 222, People vs. Regina
2DennisOn's Crown cases. Regina vs.. Zen.
nett Darlington s Marshal, 655,
When counsel labsr 90 long and sc srdH-
Ously &c has been done here, upon q ts0h1i-
oality Il shows in what manner they re-
] rerd their own case.
Il Ia asked Why did not Mr.. Nix BEE Mr..
Given ct the corner Of the Weddell, VIXEN
the latter saw Minckley 2 Why, il vas be-
cause Mix Essn'tthere. BE sBssrs thsthe
was there but for q moment.
tGiVen tells yeu in 90 many words be
saw Minokley reclining under tbs balcony,
and that he went with . dinner pail down
10 The watch house, and on his way back
| % me- AAALAANIH ALAA anu ~ UlAG1uNNs
he had every mason 10 r~scollect this Fact
for on the following day he heard Minckley
swear that he had been oVerthe river after
Green ct that very time.
Mr. Backus says that that vas q queer
trade made between Lynch and Green.
But Green was pOunoed upon By the OSoer
before he had an opportunity to complete
the bargain, and that is the reason 4 vas
net completed, and why it appears queer.
De says, too, that Marshal Minckley would
net have been fool enough to combine With
thieves 1 have been a locker o. 0s we'll
as 2n actor In ViennRl Look ct TIE char
aeter Of the Witnesses Who havs been sub
orned here. Where do they al hail from 2
From saloons, and from Ryder's O5cel Is
there any mAR here that viii for an instant
claim that Green committed that bcFglAry2
l tell you, gentlemen, that they scusht to
surround this unfortunate man with the
meshes Of An Ubiquitous conspiracy and to
ruin him. To charge upon him Q crime Of
which be was as innOcest ss yen OF and
81 extort money from him
II Is said that Boyd saw Minokley at
three o'clock in the morning What vas
q day policeman doing over ths7e at that
hour in the night7 Why vas be- hunting
after 9 horse Just ct the time it vas neces-
sary 70 see Minokley. It was sworn to By
Michael Gregor, that it was the Friday or
Saturday before the examination that he
saw Minokley over the river. On the ex-
animation he testified that he saw Minek-
LEI. over there on last Saturday. What
Saturday would he naturally rsfer to-
Phil Williams goes onto tie stand and
repeats his story just like q parrot. He
tells what Mr.. Adems said, and Ehst Mr..
Minokley said, and what everybody said.
BE is an especial friend Of Mr.. Minckley,
and thinks more Of him than o. any other
man living, he knows too muoh; and his
testimony is TOO perfect and bears the
marks Of en- elaborate preparation. Let
US look at this question Of tins. Mix
sEears the time be saw Minekley vas about
? o'clock. Given sWears that it vas q little
after 2 that they came down 70 the prison.
Hill sWears that it must have been near
2 o'clock when he last left Green's shop.
Green says it was not far from 20 minutes
past 2 when they left. Colby and Schroeder
swear that il vas not far from - when
they saw Minekley on the Square. Smith
says that at s minutes past : he saw
Minokley on the bridge. To cone from
there TO the shop would take ct lsast 8
minutes; the running about tAe johnson
House Of Minokley and Mix, sn6 che going
deWn and arresting Green and taking him
down 10 the Station, and the going up on
to the Square, would take how long? l
ask you, gentlemen, If all this oo.ld have
been accomplished between 8 minutes past
:, and half psst 2 or t~heresbouts?
They ask why We brought in this Lynch
reeking with perjury. We turn to Marshal
hinckley and ask, Why did yo1 make this
man your companion end your sceonplice7
You have made your bed and yo1 must lie
in i'll
Gentlemen, l am nearly done. Nv
last term concludes with this case. For
two years ! have e~ndeRYored 10 faithfully
discharge the duties Of my Office I thank
the Judge for the forbearance uhioh be has |
ever shown me, / thank you for your
kind attention. / know not what effect it /
has upon 5 man to defend criminals, but I
must say, AFTER Witnessing 50 much cor
Fuption and perjury in the trial Of crininal
causes I turn away from then With utter
losthing and contempt.
Take this case then, with eli its bear-
ings and responsibilities, Of interest 70 de.
PENDANT and equally SO to the community.
An the State demands an impartial verdict
I ask you, then, in the Rsms OF the majesty /
Of justice which has been 50 foully 6esecra-
ted, I ask you in the name o. that
people Whose trust has been betrayed
I ask you in the name Of Justice and
innocence everyEhere-I AK you in the
name Of Almighty God, to whoa the de-
PENDANT sWore TO answer; finally, IL
ssk you, in the name Of the very
mercy Of the law itself, 10 this day
mark BY your verdict your horror Of the
crime Of perjury, and believe ms when the
hands Of those who render that verdict
shah be low in the valley, and the tongue
that asks il Voioeless in the grave, fathers
viii teach their children to hate the crime
Of perjury.
Examine your hearts carefully, and in
yoke wisdom from on high 70 guide ycu in
your deliberations-i For sometimes in the
corrupted currents Of this World, csenee's
gildsd hand may shove BY justice"
Tomorrow morning We shall give an alb
strset Of Judge Bishops Charge 10 the
Jury, who are now out
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