New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-21
THE PHGNIX BANK DEFALCA
TIONS.
The Summing Up-Argune"ss or C"""sei
-Genevieve ira Court-The Decision TO
be Rendered To-Day.


ARGUMENT FOR TIE ACCUSED.
Mr. Stuart made his argument Tor the dlschaigo VI
The prisoners Us follows:
am bold 10 assume that although your Honor mas
not vet expressly decided that You VIII reject JENKINS
ST statements. that nevertheless yoa VIII 90 500 that
think you must dc So and then that leaves the Gaze
with this one other branch only TO wit; the CONCESSIONS
of the prisoners themselves before the police ohces
Now that confessions always evidence when prop
ery illustrated II indeed true That they are moi eN
dence when unfairly got o. uninsty obtained is equally
tue and uuden.able When by any means, whatever,
the mind " the person accused IS not entirely Tree ana
at perfect liberty say what he eases as TO s lnho
cenco or guilt any confession made under such crcn
stances is inadmIssibe aud OF 10 effect TN that SUI
feet there be no misunderstanding 'ouhsel 'heiI
referred 10 several authorities in support oil
This opjnjou Now what are the circumstances under
which these arrests were madei They were arrested
immurcd IN cells brought by force without law, INTO
this bnding-where MOI beoie your nohor, nor Ie,
fore this Court properly. They were surrounded by
armed officers with the embems of authority whlch
designate them from the civil authorities. Mr.. John
McKeOn was placed in the chair y0n now occupy ana
they were told the way that II was supposed they
were going TO their examination before a magistrate
They were conducted from thciT seats-to where; 10
the witness stand The lady at least was told by that
fellow DeyOe that she must tell all she knew. BeleV-
ing that McKeon the Judge, and that she was be-
fore the ministers of the law and that she must tell all
she knew, whatever she said cannot be heard now,
for there was entered into Ter mind by the crcun'
stances of the occasion as the lawexf writer has It.
fear duty necessity 10 tell her own conduct IN this
affair SO that her mind not free. she was not at
liberty 20 say not to say what she chose am com
ing in moment to argue that what she did say amounts
nothing but if IL shall he attempted 10 torture her
statements into evidence pyeiudioia TO her rights and
liberty then ray that il cannot be heard at all even
for argument the other side. much less for admission
by your Honor What did she say What was she
forced ssyf What did fear duty, obligation neces-
ty npel her say, and which when said under these
circumstances is not evidence
The President of the Bank was present. He said
that he had discovered the loss OF great deal Of money
a.. - .s.,r s,1 Tho hunt Wall
st., Tor the last twenty years for all knew S2OOOOO OF
which had been expended by the thief before these
pie were ever bcord of; under these Circumstances
what does she say as Parker has itf McKeOn was
whore your Honor is the officers Of the Court and
the Park-of'cer around her, shadowing terror
over her without counsel and after having been re.
fused interview with her friends under these cir
cumstances what occGrredi In reply to Mr. Mckeon,
She said that she had received money from jenkins
frOm me 10 time, she doubtful 10 the amount,
tat that il might reach $4,000" That IL all che said
That j. all she has said, at the most and at the
worst. Not word has fallen from her tending 10 in
cnlpaio him with her the thief that she knew that
he had committed lie ofense or larceny Beside that
4! missOn now assumed 70 be properly received; be-
side this admission OF knowing Jenkins the practised
thief and .elon confirmed stealing for years grey m
bis upon be Bark before she ever saw or heard
of him; beside that what has sho ever sad involving
her in any degree Of ormihaiy taken IN connection
with jenkins Nothing, nothing. He said indeed al
the Stationouse, as reported by one Of The officers
that she lad beer the Of his ruin The officer
misunderstood him or he lied be was thief almost
before she ten years Of age perhaps before she was
born. She the cause OF his rum The vayabond, vii
lain. scoundre he the cause OF her ruin IN moral
o. pect
counsel then quoted several authorities In support OF
biz position; said he that Is the law. and whatever she
did ssy, AZ this time or any time, Is not evidence
have this thought 10 suggest however IL may be raid
that other times she said something equivalent 10
this. when the acting Magistrate. the prosecutors
counsel was not represented The rule OF law il that
if improper influences prodrcod. the law suppuses
them to exist until 1t is shown by some evidence that
they have been removed the confessions cxtorted
under such circumstances cannot be given IN evidence
There is not particle OF proof that Brown aud Lynes
have acted together 'gr the purpose of getting the
money oui of jenkins. Whatever they may have done
whatever either ofhem has done they each here
uader examination 10 answer the charges made
against them respectively. not because they are CO.
Offenders not because they are co defendants but Oh
account Of convencnce 70 that what Brown may have
done mu.t rot be imputed TO Lynes and what she said
cannot be imputed to his prejudice They RESPONSE
be each one for her own and his own conduct.
Counsel then argued the case Of his other client
BrowD and said in his defense, that nay receive
stolen goods from the thief with the highest motives and
the most laudabe purpose aud be honest. Brown did
NOT know that the money Which be had received from
jenkins stolen. Was he seen with jenkins
Never. Has he ever said anything TO anybody else
about il No. II there any corroboraye truth in the
story Of jenkins himsehi Not particle. He is the
principal fcon: he is the thief What he says, be il
preIudci, otherwise is uncOTobordted by any fact
any circumstance whatever. There is proof that
Brown was ever in public saloon with him, except
money was stolen
1t was admted that they received money from Jen.
kns. but that they knew ii stolen is denied and
until this guilty knowledge be proved they innocent
Counsel for the prosecution IL here TO few
thousand dollars but he has right except by yOnr
Honors permission, to speak word in this Court.
tell your Honor the community know the facts OF this
case and cry, 80, what sname!' With voice
they cry. " What shame The proof IN this
stops with jenkins.
Ihaye given your Honor cutie brief Of authorities.
I sald ali i say | ask for he dis
charge Of The prisoners.
ARGUMENT FOR TIE pRosTcr TON
Mr.. McKeon then replied follows: i will un.
dorbedly be very brief ia my remarks in reply 10 the
learned counsel. He has passed upon me some very
great compliments hut that is matter for. the public
10 determine and not When came here l came
with the express authority Of the District Attorney
TO represent him IN this matter. i shall en-
dcavor - do my duty as District Attorney, and
ASK that These parties be remanded for further trial
confess that have so long been District Attorney
that become sometimes unable to be one-sided. that
Is To take but one side Of the case
Now from the arguments of the counsel on the other
the final trial Of the lie argues the case as If he
were here with n court and jury examining II.
Counsel then argued al considerable length on the
duty Of the Justice IN such case; that II there was
suspicion that the accused in this case were Implicated
in the robbery of the PhTnx Bak, it WIS the duty Of
the Justice TO send them for tsal 10 higher court
" hat are the facts in this caset This young man
Brown n wears of age butcher by trade says he has
- 600 in his pocket He has played the part of the
vampire aud not Of those afrGgned here ought TO
haze single particle Of the sympathy created for them
ia this community. Those persons were engaged in
tie receipt Of this money. One Of them. who had ad'
mitted TO me that he had received 100000 has already
escaped the prison.
Nj stuart-You brought lin TO his grave by refusing
him counsel
Mr.. Mckeon-I refused him counsel, but be es
capped the law by suicide; ard there are men In tins
men whom the public little dream are i'm.
pcated III tins Transaction, and then IL Will be said
that We allowed 20 go unwhp Of justice. There
are others VINO will DO arrested The community is