New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-09-20

v
owners OF portion Of the stock in Of tlese roads,
and whilS We objected to the residue, we consented
that they nnSt prove that and we stated expressly
in the hesiGg ef Court, that did not derirs 70
: ield MIR. Lleohn not the least ots IL this case.
Have tried TO prevent the fullset investigation WIN
regard any corruption which may txtsnd'o hiinf No
ut ALL We have invited il to the utnort extent arc
you remember that my associate stated y,sterohy, u
they would connect he plaintif with me CORRUPT
l. sislstiJD, we aid cOucede, Tor tho purposes
of tlis case, that the legslation was oorrhp'.
And "Mr Ii tlei hn has not been called Is witness
here Why. ia there anything moro iili;ul,uS on
earth coming from counsel than that, when there I.
not particle OF prof az iiusi Mr. LmtirJonnTho
one ota Of that justification s proved. What Is teIo
To call him te stand We rested our cnse, Shu ~
was made ont TO the fullest extent. How have they
sh ken i'll II ave they proved that one sixtepee nae
60 into lis hands bis pocket from Tie lesisaio
al that year, Have thew proved that any irlebu ="
his Las received u dollar OF i'll Have they proved
of beivf ing any individual impropeIlyf Way upon
the bypohesis upon which the fraud and c9rrul
lion are charged, there has never been r"iio-u
charter granted ia this State In which there
hrs not been corruption. There has never been ran,
road cha ter gr tnted but what intended I" hene
divldua stockholders, aud provided for certain Com
mssio ers 10 distribute the so,k. Privat. ltere-i
Why, yen cannot carry OH public purposes ~hi'h the
STATE does not carry ON directly, except by noIuine
out pubj- Inducements 10 individuals u euba t-ir
wit, railroads. to the Unreasonable benefit oil lniiE
duals; and ihese railroads have bern constructed ny
men who supposed they should make iarse sums ~
tlei investment.
But AIN no, going n talk to Won about the measure
of damages. clay aide all prejudice again,t eter oil
these parties, and treat them rs though they were
irdiyidu l. from the farther banks Of tie Gaisee-
Treat them a. though you had never heard oil tetn,
but had acertsined what their po-iiion wa, ad tue
nover 10 90 evil where they lived Treat them n
a. OH tpd Of
Gaze and then you will do exact aud equal aud proper
iusiicv between u em will leave il with sel'e III
tele men from the County Of Oswego, set apart
by the officers of their respective towns Tor The "a TED
Office of Jurors | will leave II with You, ON yOnr
respon,i ility TO determine whit should be done TO
vii thir foul aud unfOuDded stain ON me character
the plaintiff aud what should be ine'ed out 10 tue
man who has not at vii tackled sky four other men-
-rs who vo ed Tor these bll. lie does not come bee
cluiminy 10 be impoverished; his counsel triumph
altly tel you that he Las expended thou
sand dollars in getting witnesses ~ this cass.
Money liz free with hiln. Calculate The daily r.
cepis of the sdiIor and proprietor Of that aler winch
i-sles an edition If two LuId ed aud Fly Thousand
cOIies, a large portion Of them daily AID by the
lowest standard you will find that tie Eruss receipts
o, his Off IRE than sJ0OJ DAY, iTe-Iecive OF
the advertising patronage and the b-wok doue III his
e. Rbli- hurit. DO not consider lm poor. We have
not oeen able to reach ii. ,ensitii,cs, and make him
DO Justice; aud ain satisfied there il only place
through which be be reached aud thai IT, through
the pocket. Try II, gentlemen, and rec you oanhot
make i'm DO Nj. LItrleohu iu'tice. IL You csnuot
make him do justice to Sir. Lit ejoln ,sk you TO do
lslice 10 Lin, and Justice will be satisfied.
REQUESTS To CHARGE.
Before the change the counsel Tor defendant asked
.bc Court 10 change the following propositiOus. The
defendant asked tie Court 10 eta ge tie Jury;
Firsf. That n they believe from the testimony that
be defendant acted ia tie matter Of tie pubc,,iob la
question, without any mzice or Nj chievou, in'eut
1ut solely rvm the seuse Vf duty 10 the public, they
i a. fba "A ftft..l
barge this proposition. The defendant excepted.
Secoad The defendant asked tie Court 10 charge
he Jury tnat II r. que ton for them 10 SAY IN VI al
suse the words complained u were used. The Court
iecliued. Defendant excepted.
Tl,rd TIE defendant asked the Court 10 charge
be Jury that IL u question for thetn 20 determine
n what teuse the words complained vi were under
food Tie Court declined. Tue defendant excepted.
FOtirth. The de eudaui asked the Count 20 charge
be Jury that malice on the part Of the defendant u
euti- 10 order mHiuaiu the action. Tue Court do
lined. Tie defendant excepted.
FIN, Tie defendant a-ksd tho Court 70 charge The
larry that 10 the absrnce " al Dnhon on tbs part 81
Ia. defendant this Artion cannot be niinthir ed. Tie
Jouu declined to charge tho fourth and tim proo-
ition - dr,irsd but charged In the Language OF the
har,,e 20 the Jury on thai subject aud declined 70
barge otherwise. The defendant EXCITED.
SIth. The defendant asked Tho Court 10 charge the
Jury that II they believe the testimony Of blend
MT the presumption OF malios which aIires from the
M of tie libel is rubutied. The Court Go,linod 10
barge this proposition bat charged 10 tie seventh
submilied 10 ths jury, nud declined 70
harVa Otherwise. The daft ndaHt excerpts.
SrprAth TIE defendant asked the Court 10 charge
he Jury thai If they believe from the trsmony that
be defendant, al the iue Of the pnbieaion in qUes
ion believed t TO be true and that IN coming "a that
lief be had exercised due care and diligence pru-
fence and discretion 20 ascertain the Truth OF the
,harge the defendant is enttl,d TO their verdict.
The Court declined TO charge, except ns in tue
seventh proportion Of the Judge. Tue defendant
excepted.
be Jury that If they believe that the defendant made
be charges question lely from sese Of duty, be
= entitled 70 their verdict, though they should
De lieve that il = mistaken sense OF duIy. Tie
court declined. The defendants excepted.
CHARGE TO TIE JURY.
Judge Bacon then charged the Jury as follows;
G,STLEMES or THE JUhI: The duty that I have
o discharge in this Is very plain and simple one,
md shall proceed TO lie discharge in very plain aud
inple manner, and trus, with commendabe brrviiy.
4 nd sha do 90 entirely unaffected 10y any outside
aud utterly irrespective Of any oouss-
,uences which may be supposed 20 follow from the
discharge OF that duty Il is the privilege. and busi-
,e,, and duty u III counsel preseD, the 10 tho
ury with ali tho ability, and the eloquenoe, and tue
eal which have been manifested In this case oy We
esprctye counsel who have addressed you IL stbeir
orivi, &c and their right 10 make TO yon, elaboai
earned, and lengthy arguments, aud II they shall
choose 70 mako and even pessoosle sppeah 70
you.
The business Of the Court and the duty u has to per-
form are quito diferent they demand no such re no
such and 10 each ssusibiy. Ihaye nothing
to do geniieuen bat to direct you plain. r:
pie propositions oflaw, which fsuPpoee 10 he involved
Ia the case aud which be taken by you rs land
N .rks aud guides, and 10 suggest 70 you very few
TOPICS 10 which your ATTENTION should be directed,
when you como to deliberate tho in the jury
room.
Aud must ask you, gentlemen, In the frst place to
dsuos FROM your attention very consider portion
OF that which has b, Gu talked about Lere Became,
in the share which the case has Assumed and within