New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-20
THURSDAY, Sept. H. 1861.
sza. POSTERS CLOSING ARGUMENT FOX I'VE

lF THE CoURT PLEAsE-Tbis, gentlemen OF the
Jury, is an action Of very great Importance us the
,ouIse on the other eide has already toid vow hsO
aetsrnIne IN my Judgment, whether pfiV" character
n worth preserving and whether 1t Is ~ titled 10 any
prot orion in courts of law against un' at as-ans, OF
whether tho public pres shall runrob III lie abuse Oh III
aividuas whether in public OF ID p ivate station IL
b in every aspect, very grave III US conSderhhons'
,Dnsss 70 us sI as men, as fstbs r. brothers. and
as ciuEene-i apreqls to Us az S 1t affects All 'hereh
eons in life. Some men, gent emen este property
As abve almost everything esei but care but little
Cor int man who does Lot regard his character ss
Darsmount 10 every earthly interest which he has or
wlo does not care for b character Of bis family as
sr ,bove every o'her arthly interest. And the msn
who will sit wn slT lily, and uneomI siuingly, ana
sGiscebt, under cha ge against lie public or private
kone " Hnf character IL unworthy place among tue
sons Of meu. mes 20 be ns bIi-f geuilenen as the
slrcum,t ,,s and he facts of tbs will allow
10 lot de,i 70 s he any appeals 70 your pASsi0 or
o. yourI dies; shall attempt tosddress myself 10
your Ter easov. and your judgment, and Il i"li
uere desire not 10 make a lodgmet any where else
hs nOt exVs IN connection with wl nl eadS
b--n coUsun, in he opening on our side, to occnpy
slu oct bOurs Of yOnr tue IN the arguments OF
eoanse desire, gentlemen 70 Eis"e no q p ZIP oe'
side nv duty D. RIO medto pce before you the facts
AUD the circumstance winch cali for your Oonti e'a-
tor in this case, and which, In my Judgment VIII LEAD
ron n correct result.
e have rad In this case on the part Of the defense,
AMOS strange aud unBc', unlabie oIening IL oceu-
pied three sd baf hours OF the tine Of this Coort
a,O Of this jury IL was strange 10 itS every aspect
IL WAS talented and able; hut SCENE 10 have no re-
maid haever to The circumstances AID The iacts 81
Sis cart. 1t travelled all crestion-it assumed NJ
Ese what they have never attempted toprovr WA
rambling d dl.curSive, ard IT, NY Jude mehi, utterly
uIht Ell /. be preseii ed In Ilace like This. weave
here pi,isie irg at the bllar OF the law; we nave
oa and cry OF Us taken upon ourselves ths 9o'
no tlops that belong Ia Places; and IN my Jnd--
et il I, iu,t as much the duty Of counsel 70 'onhe
thsmreves 10 which are strictly and lrgoy III
the ,ase as il is Tor the judge correctly hn" u te
he,t of bis understanding aid ab hiy, To Charge ue
lie lie 10 the ase or tie Jury upon their
osIhs 10 find what they deem 10 DO The lacts III tic
ce This no place for u ne OF out Sde Influences"
shey unbe. Oming aud mirll ed ana ID my Jug
neni il Is paying very pour Coz plm'h t 10 'pe ~
thpente ard perception Of the Jury, to Try To pain
of upon tbs such things In preference to TIE Ia Is
which actually belong 10 the case. In M opinion,
s,ltet H. that OF eLiug made because the couis
On he OIL O. lid. did expect to be allow ed 10 give
sueb proof they had nj command, anu The elaborate
auo aule gu1,ent of IL counsel who has just pc
Esd, d me xas founded with the utmost Ingenuity
AL ility-not upon the EVIL ence III tiif care buI II
b based u at s,rarge opening with Which y,uweie
en riLtd, at tie Oleui of Ills case Tor te aelehs-
will barely remark iisI presume You Will Try lns
cause ~ Oh o eyi ence-thAt believe Is the nature
OF your ,sb; ard Lot upon tte opening o. couI sci
or III on The argument OF counssl based ulon that
ot4iil Y and framed upon il altogether You are TO
Ar, TIE au.e VI oil he iats Ill he BIo lie
costruciiOls If law which the Court shan ANNOUNCE
" you irOu III Bench.
NV gen, Iemeu, strange things have taken place
uron inis trial. The C.urt npOn solemn ar. uneni,
AID after the counsel who opened the had pended
tpree or four arguneus-the Courl deliberately de-
eided two uro osiiopu. Fsgs, That title article in
Tar n Y TaIiUSL of the gGth Of September, the
Gle OF ON which tie suit brought, was erSe hit Ous
SAT II ian Orted 10 charge the plaiin with personal
corruption; did tie COu,t as deliberately dc ided
another que.iO iu the sscOhd lace, u at The aru,ls
Wa IOt prlNikg sd one, and must 10 sustained by
proper nsics ion, il LOT sustained the punishment
80 Ce inflicted upon the hesr is 10 be mitigaied by
e1,h mitigating circumsia tes Is are ct forth IN tie
ist and otb fei strange ~ 1t may seem, hi
APPEAL directly taken BY the ouusel WIN summed
~ tis esse, ara again tits question was Soleninly
gned aid sduC aged upon, aud tie prior decision OF
Ne Coat su taiDed AID yet again. IL The face of all
thit il has b,ep urged upon you, in the clio argu
nenI o. tie counsel hour alter hour, that hi artt lie
l. not hbeous Its character, and lnal this Is VI
the questions row open Jor you u d ,iGe As have
sl cad! said, sou have Your aplroP-te duty 10 per-
tom, l ave mine, and the Court has HE and il is
Hpon tie iahu al per ofnsnce, by each Of us, of
dulles respe, ti.vl belonging TO Us thai justice be
obaiDed, ana ljU4er results arrived al. Tue great
benuy aid arnOb! Of ouI rystsm vi jurisprudence liz,
that II leaves questions If law 20 the Court, who
Ia, MAZE that science the siuGy OF lis ie who is
TspOI Tor the faithful ter OF that duty
Bui eye if the Court makes mistake aud srty IL
Injured III cobfe1 reb,e be has bis remedy by ap-
peal d Lig ef Court 70 have the case again adJu
dicAt,d upon; and If need le lie carried 10
Court OF Appeal the Court Of lAsi And uudt
Ills ~ STEM tie jury has its yrO(er province 10
~eie Fl Tie crsd,iliay Of witnesses aid TO determine,
nEOn what they say, what the true facts III the
e. Hnd Jht ~ apply there facts tie rules Of
law witch tie Court lays down. Thus there is 10
diliculy III arriving st correct result, aud ii any
nislaAes admitted they can be corrected there.
ater. buI Suppo that H. defiance OF the clarge OF
she Court 10 ue Juy, the Jury should say tnut tiey
are teller lawyers than bis Honor, and should over.
me j. ruIhssD aid find vefdI.t int GEl,teut with
O. isets a q with the Judges theory OF tie law
There could lie no redress obtsiDed, becaure there
would be pTOler Iubng Ci the question 10 the jury
OF vii b cO1d take 10 advantage Oh either .de
Hence you re, gentlemen, tie strong nces sIiy TINT
ca neI artLeDt VI Tie Cont should eriorn i own
fnuc alone, AID leave the other departments to oe
teIfO med BY them orally in accordance with their
duty. | 90 Lot make these eInsrAs because 1 fear
thai sou will assume the province Of the Court M ali
but Oh u III ttraIge arguments which have
beeu addressed you, telling you that in Eject Won
are Judges OF the lan Uf the facts INT
n grOs- ultake. Tue counsel have hot told yoa Az
u pl4iD worGr-,bty 'wouli like ~ DO tbat-but
they rave One 70 In substance by telling you that il
oT DUTY 10 lind what ID tho character VI tis paper
OF the 2 ID oil September, Notwithstanding tie CONT
tlal il In uloo ito face hbelous, aud charges the
DL.uIih with corruption.
~, eel'lonen re words Of publication in The
TRIBUAk ave ~ follows:
earnestly iDQnirea opinion Concerning
thT s"n s'i0n los mcuoer' Of Tire Legislature Of d. C. Little
kp, 81 OStgo sId Austin Myers ths
s-e Both ,ss i'Oos ~eie pIoruinens 10 the COrrup,
blaityH Of lasi WiLtsI"
Prominent IN the corrupt legislationI /" Prominent
o. Forwarding lei latiop Which was cCuuptI No;
By no MEALS. Bat PTomrnCHt an ne c0rrGDt kgsfo-
tau, showing inevitably that tie writer OF tic ari-
Gle intended iG TO mp that they VI tho
corrupt la the corrupt legislation alluded TO-
Accordingly, both of them oush. to b. defeated"
Why should they be defeated If their motives were
bonsst, although Others who were acting in that leg