Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1861-12-17

TIE case now before the jury Is very dii-
fefent from the ordinary round Of criminal
Gases. Il e the case ofa man Of position and
character, = nan holding a high office con-
hEred upon him BY the viii Of the people oil
thB city.
This is All the evidence that I care 20 IN
uodncs that he dsfendaRts Is not one OF the
ordinary cases that arc brought up beiore
you. You know and every man in the COM
munity knows that the verdict which would
6lhss he character OF such a man as the de-
tendanb Is not to Be pronounced except upon
evidence that will admit Of no doubt.
Mr. Baokus addressed the Court concern
ing 8 laW point involving the materially
of testimony given BY defendant before the
mafistrate. fRpad from Arch. Grim Plead
RI ina vs.. G0OdfslloW, 569 when 3 Wit
ness has given answers 10 questions which
are hot mstsriai TO the question 81 issue,
ths talsltY Of snch answers, sdmitingthem
70 Be false are not sufficient to base pro-
eosdings Tor perjury upcn. II Is charged
that aoonspiracy was ooneocted by Minek-
ley . charge Green with ibis misdOing,
10 fst money out OF him, but there Is no
testimony here 70 show that there was any
ning Of that kind, nor anything upon
witch 70 predicate such q superstition. /
ask yen % say what person be would be
less likely 10 get money cut Of. Nothing
aaB ever more absurd than 70 suppose that
he Chief Of Poiiee Of this city should re.
sartto this misersble and Infamous scheme,
aod1thaE TOO, without any reason to sup
pose that there vas the least possibility Of
success
nitiikely hatifhe we're wicked enough
To penetrate such q crime, he would oon-
sdsra'e With such miserable Eeamps IS
LFneh snd Johnson, meRi in whom not one
particle Of confidence could be placed BY
Nncksy or any one else2 Is there q man
upod Gis jury that would believe that 9
nan ofsuch intelligence as MiRckley would
EF 3 moment enter into 9 conspiracy With
mch 6huitigated scoundrsls IS Lynch and
JehHson2
Lshsn say nothing regarding Lynch. I
know you would regard ii as an insult 10
sSk you % pay no attention 10 the testi-
mony Of an individual who comes forward
and admits upon the stand that be has COM
mirtcd Wilful and deliberate perjury. II
Il required but the forty thousandth part
Of g hair 10 give ~oredibiliiy to a witness,
Eynoh could not supply the deficiency.
a. ". A". . .~
Green BEears that he wasn't over the
river 81 all for 9 year before the trial
that be had not been out Of his shop on
the day be was arrested. If bis testimony
Is 10 be believed, it is only the testimony
Of one man against another, and il still
remRins for the State to prove its case by
additional testimony. The testimony Of
one man substantially balances that Of
olher. You must sorutinize the testimony
Of Green as you would that Of any inter-
estsd party, for be is as much interested in
the result indirectly as is this defendant.
An attempt has been made 10 show that
Minekley got up the story Of the log at
random Why, if he had got up 6 scheme
Of this kind, don't you suppose he would
have made himself familiar with the loca-
ton Of the ground2 His testimony is as
definite vita regard to the log, and its po-
silica and size, as could be reasonably ex-
psotsd from him.
The remainder Of Mr.. Baokus argu-
msnt win sppear in tomorrow mornings
issus.