The New York herald., 1865-01-11
UEUI hE.W EEUs
VAoO. " NE snvLOis0HisVn'
Mrs Ei0Ae InSS hiS ArSumcht IVr tno
prosecution.
.~~~~~~~~.,>~~>-..
Stirring Appeal of Mr.. Field to
, the Jury. I
TIE CHARGE OF JUDGE MASON.
TEE JURY RETIREs TO CONSULT.
The Verdict to be Rendered Thi:
Morning,
Sc, SC. &c,


on the opening Of the court yesterday morning Mr D.
D. Field resumed the eloquent argument which he began
on Monday, bu. which suspended consequence OF
the arrival of the hour Of adournment We subon the
continuation Of the address,
Tue ALLEGED ExroRTIos FROM GYSrRAI FREMONT
The libel in relation TO General Fremont Is tissue Of
,asehoods The point OF Il is that Mr. opdyke worked
upon Genesa Fremonts political ambition to deprive
him OF his property more wanton, wicked and cruel
bc, was never published II Is base and base
less The whole transaction between Mr. Opdyke and
General Fremont simply matter Of business result
ing from negotiation begun by General Fremont in
which he made offer thai was accepted and performed
No political consideration entered into IT,
suggested eurmsed General Fremont, finding his
estale embarrassed and unavailable, offered quarter
10 capitalists extricate 1t and him. The debts had
been created in defending the title against the govern
and in developing the estate He had never before
een abs 10 gel any one TO aa1ee 10 take IL for less than
half He offered quarter 70 MIR Stevens, who
offered 10 Mr. Ketchum, who Dronght in Mr. Opdyke.
This is all Of Mr. opdy ke's connection with the matter
He received more than he offered He performed
what he promised T0c asking of General Fremont 10
let twenty-five thousand shares remain IN hr kechun
caution TO Keep the stock onl OF the market
| FOR limited time, and prevent the control
oi the company from passing into other hands.
Tie counsel has seen &c 10 ailne to the present embaf
easements Of the COMPANY There wss nothing about
them The evidence, this mot the place to explain
them II he intended thereby rnpatation the
good la, Of the capitalists who formed II abundant
is found in the despatch which appears in the
evidence which transmitted by bankers
San Francisco eight days before the formation of the
company, containing The substance o. the report Just
msdS by The nosi eminent mining seoogsis o Cailfor
nis by which IL was estimated that gvos monthly pro-
Of the estate nigb be counted upon oil TWO hundred
housnd dollars in gold at cost OF forty ,1eysaod,
which would give yearly res enne OF 81 926, 600
IN gold capable OF eviingnishry the debt in
less than year, and then giving = yearly
dividend Of forty per cent IN our currency.
Fhe defendant attempts as,en upon MIR opdyke tho
charge o. making hard bargain with General Fremsnt
when these twenty tbo sand shares were joosed from
The trust and about 10 be thrown the market The
plaintiff not the trustee and had nothing 10 ray
ahou. discharge of The trust He joined Mr. Hoy in
the purchase Of Eve thousand shares. There is ey
dence thatthe number Of could have been
sold for larger price than Ar Hoy gave, or that Mr.
Opiykc mad1 tuing from the purchaac but whether
Was so o. not The purchase between psrtes
competent contract and neither complains Of H. The
intrusion Of Weed into the cotnapy " Of piece with his
chupctef he was invited BY neither OF the parties and ~
equally Offensive TO both OF them has pleased the de-
and hs counsel 10 drag my in,o this contrc
vcrHy There was Tor this neither necessity nor excuse
no. responsible for act Of Mr. opdykes norweeh be
responsible for any act OF mine received nothing from
him and he nothing from me, client who wanted, or
thought he wanted ioy advice and nssance offered me
for certain services certain compensation amounting in
value To nftsch Of The estate which was 70 be eAa
Gated from the eInbarrassuents with which IL WIS
covered all over ana from which IL might might
be discStngitd The Offer vas accepted the ser
vice. performed, tbc compensation paid, and both
parliee then now, and have ever
since been satisfied Why Mr. Weed or Mr.
Fyare or Nr lieyreport need concern themselves
With do kuow. Ones business 4 ID general
sccicty considered cnore Tor ores own attention Ny
friend Herropon need not waste nis thoughts upcn l.,
md he woGld not much he a.
| live hundred years Ny friend Fyars wou,d
NOT accept sucn otter 8 i were made Hc would
| ,el his client tl.a 10 estimated thr vaiuc og
hs services he could u0 accept 70 much for them he
not St te iats iee I'll liz HpSncs .oai reiuc,s il
H. il rcucts Il Que man hcipue another TO an oce
upon any ersandiae espFese Or Implied, that his
friend shall remember hi-a Now propose this CON
4 promise s him II ~ wiil make oath Cbat WIEN y.
wont 10 Washington q procure the appoiunen, 81 hs
friend certain lucrative Office "a this CITY ,hcr.
understanding thai hc hosd receive the counsel foes
which tho ofuce could bsltoa, viii Piom 70
| examine him II he .i then Ell down With me aud
1 compare thc fees which lc has received from
\ the public treasury aith those which I have
received from NY private client will promise to make
public ipqnil into the emOunt he has received ani
viii both cIy quits ard bc Bu, 90 be eerious lhis
inquiry Into he fees which ny private clients III
Ills educ0u his associations his habits his Instincts
have taught him hei.r, Ny learned brethren Evarts
aud pierrepont however kno~ better They have Deor
educated ~ Eeniienon thcy have been trained a. law
yors and, although on occasion during this trial
Mr. tyarsF gave IL a. his cpinon understood hin,
that when lawyer comes into cour, be snls the gcntle
man in the ls@yet-ar opinion, by the way, which
| amazed and shocked me when Il was cApresscdyet
.ako leave 20 remind hm and biz associate
| that neither as lawyer nor ~ gentleman las
either of them any with my private
| affairs. Nov, gentlemen Of n. jury before /
lay II aside let read this part of the libel again--
"Morc than year ago Mayor opdyks and others remind
ed General Fremont that when candidate for President
u lste be was weakened by pccuniafy cmbarrsment
This u false Mr. Opdykc never reminded General Ere.
mont OF any such thing Again THAT his friends in.
tended 10 run him again would be well 20 put his affairs
said Again: "Tleso friends formed themselves
into Nariposa Mining Company &c But new diilcul.
ties arosc, whioh, however, we're adjusted by the pay
stock, &C This also s false No difficulties were
thus adjusted diculiies had arisen The nrst
act OF General Fremont had been his hrs ocr was
convey fourth OF the estate 10 Mr. Ketchum, and
/ tho company was formed long afterwards The libel
Is false in Its whole scope and meaning II charges ex
tortion from General Fremont by Ist working upon his
| ambition and then leading him into difficulties, oil of
which you have seen as false false can be- This Is
not the place or the occasion or an euogy upon General
Fremont The gentlemen may think II bcf9 their case
20 represent him rs weak and mid man. the easy prey
Of designing capitalists and afraid to utter his opinions
IN this hall IL II well orc Of tho counsel said be had
him before for " be had he would not have
been wholly ignorant Of hrs character General Fremont
evidently thinks that buster Is not arroo OF strength
ami that the quiet demeanor OF gentleman " com
paiibe with the loitiest courage Of soldier In his
chcckered life he has passed through many vlcissudes
Rightly surnsmed the "Fath6nderh he the first to
explore the passes of the mountains 20 the rhest West
Returning from Europe TO fight the battles OF his coun
try he was the 1rst general TO beat Stonews Jackson In
fair battle at the East he sustained the contest for bis
Marposa estate with the courage aud tenscity with
which no encountered tho enemies OF his country He
maintained his title aud his possession against hostile
claimants and awles inruders and after many years OF
snxiety and labor has rcspcd from II ample fortune
HIS name will live IN lhe history Of his country SO long
az tho country cndHrcs NO will ever cross the
plains 10 our Pacific emprowhcher he passes with the
long OF emgrant seeking home In the West
or BY that future railway which certain yet TO thread
tho gorges OF the mountans-no man will over look
down from the Sierra Nevada upon the golden land Of
| California without thinking Of Fremont
ARsY CLOTHING.
Ipass now to new subject that of the army clothing
The lbes 90 this subject are follovs:-"Ths man
has made money by secret partnership ia army
CLOTH blankets clothing and gun contracts than auy nny
shsrpers, jew OF Gentc IN the city OF New YORK And
again, Mr. Opdykc can, IL he ploases enlarge Tie u..d
~ inquiry, 80 as 70 embrace the rhoddy
~