The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-01-11


lous. The Jury would therefore determine THIS |
point That portion n the aegei libel which |
stated that Mr. Opdyks forgo, V credit the |
Chy $4,000 In bis claim FOR damsge, |
should DO determined by The Jury, which would |
decide whether any fraud or wrong hsd toen prsc.
ticed nm The city The Court DID No, nnierstsn1 |
that Mr. OTdyke bad put In claim for unm snufso.
turod guns or for royalty. II Mr. Opd'te entered
suit against the city, the Cour, would pronounce
bis cls m Illegal IN this rsrt n the esse Mr. OT-
dyke has no, proved the legality n his claim
Aeaipa the city. II WAS for The Jnry N decide
whether Mr.. Opdyke Intended N act frsudulently.
Thai gentleman stated in his testimony that he
believed he inside up his claim honestly and cor
rectly In relation N The part NJ the hhel which
| claim, .ni concealed his ownership In The gun f.o
tory, II was undoubtedly libellous and II vas for
the Jury W decide vho,har u was libeIlous. Tho
evidence showed that b. did uo4 decide On his own
claim, and the Jury should decide accordingly.
| The Court would leave " the Jury M. wrcd's
| charge that "Mr. Opdyke endeavored W chest
Mcneil, and like Oily g.mmon, bad come N gr1ef."
u ". for the tlry " der'de -ha' Oily
| actor IN the celebrated novel N Ten Thou
| sand Year" and the Jury could oonrrue II 50
ID. publ, .oeer,sd u, e.r, Of ,h. sliced libel
the Por Understood IN its literal scoep,s,lon, this
vas an undoub,od libel, and wss cscustod W hold
| up man to disgrace and infsmy. The defence
olsned thst this charge relsted mt W the saN ~
the ONCE Sut nj the influence thai procured tho
appointment from the President who could dlspose
| Of an ofBcs, and " was for the Jury " sav n the
| sale of Influence vas not disgr,cefuL Cpon TIL.
| point there vna conflict Of testimony. M Op-
dyke swore that he made No such bargain, aud Mr..
Andrewo testified that he never asked M Opdyke
for his Influence and thsi he slipped into Office be-
| tween two rival contestants-WAsenAn and Stan
| ton. On the other hand, the defendant claimed
| that The Custom HOUSE money was paid to secure
| Mr.. Opdyte's election Mayor, and the Jury
| would decide on this point. with respect 70 the
\ Msriposs case, Gen. Fremonvs testimony tended
10 oxOnerNe Mr.. Opdyko The chief
| part n the alleged libel wN th,, which charged
Mr.. opdyte with setting in Judgment on bis own
| claim. and concesling his interest in II, and u
would he Tor the jury 10 regulate the amount Of
damages. The Law intended 10 protect character
| from being untustly attacked. Tho Jury would
Determine who,her th-re were any mitigating cir
| cumstsnoes and whother Mr.. Wed uscd due dn.
| geuoe In ascortaining the facts before publishing
| them. The Cour, concluded by comphmentng
,ho Jury for their attention 70 this difficult and i'm
portsnt case, and calling upon them for fair and
| impartial verdict
| Tho Jury was then furnished with the alleged
| lbol aud the answer 10 H. The Court stated that
the Importance ~ The case vas such that tho jury
| should spend At least one night In end'svoring 10
| agree W ayerdIct. A. seven O'Clock, they had
| not agreed, their supper would lie sent them. A.
| ten O'Clock, II they agreed they could find
| sealed verdict, and return w their homes Other
| wiso they would remain in oil night Tho Jury
| ,hsn retired aod the Couri adjourned until this
| morning.
Tm BANK or CossuRcr Foa9yRs CAsE-CorHr
or orxB AND TERSrSm.-rho osse ~ Ira Garedier,
| who in connection with Walter q. Patterson and
Michsol O'Breu was indicted for forgery. came up
Tor trial yestcrdsy. The prisoner was present, re-
presented by eI-Judgc Stuart and Charles 5. spcn
Ger, as counsel. GAredier is twenty seven year,
old, highly Intelligent, and maintained = calm and
collected demeanor The District Attorney in open
ing The case, remarked that the accused was in
dcted for making and utter ny forged check, and
briefly narrated tho circumstances connected with
the forgery. On the 2lst Of September last the
cusod was in front Of the PARK Hotel, IN NasN.u
street, where he hailed boy named James Nc
Lsughlin, who was passns, and requested him TO
take q letter to the Bank OF Commerce. The hoy
delivered the letter directed, 70 the Cashier Of
tho bank, who found IL TO he an inquiry Of tho
prloeef 500 900 Of I-30's deliverable the following
dAy. The letter was written upon printed letter
head Of the hrm Of Lsthrop Luddingtou Il Co, and
vas signed "F. W. weed"-thc name assumed by
tho prisoner in his conversation with the boy.
An answer was roturned N Weed from the bank,
by the boy, aud the latter directed " call at
the same place the following day. and he then le1
Weed. The next day he came 10 the hotel,
| questei, when be met Mehsel 0'Rren, who asked
hun Il he was the boy who had agreed to meet M.
Wood On being answered in the affirmative,
o'Brion gave the boy pocket book and , lotter,
aud directed him 10 go sgsin 10 the bank, alleging
that be was so instructed by Weed. Nj. Moore,
assistant cashier ot the bank, received the letter
and found 10 be tho same letter that he had sent
" Weed the day before. with the addition written
In II that he twooi) would sake the 1905 and that
the $4,000 should De sent in siON0's and S50os.
Enclosed IN the letter was check for the amount
drawn on the Mechanics BANK hy Richard y. La.
throp, and payable to the orier Of Weed. So per-
J feet was ,be forgery in every particular that the
{ cashier WAS fully tatished and gave the boy tho
money. On the corner Of John street ana Ns--
sAu tho hoy VAS met by o'Bren, who
took tho money The Witnesses for the pros.
ecuncn were Jsmc. Mclaughlin, the boy who toe.
the letter n the bank and M. Moore, The Assistant
Cashier. The former testified substantially as
shove stated, and th, latter identified him tho
boy who bad brought the forged check 10 the banl;
Detective Jose h EGstAce was cs'lld for tn de-
fence, and testified 10 having arrested Patterson.
0'Bren, the boy, and man named Conkng. The
latter was called witness and testified 60 heing
present when the check Was signed II was made
~ Collins Hotel. McNallis, O'Bren aud himself
S went to the Pax Hole', when they met the boy
70 The letter to the bank WAS written at Rraste, 10y
l Spencer peI,uA aud prisoner present The
. endorsement ON tho cheek was also IN Pet us
;. hsnd-w.,iug Tho deienco thea rested their case,
10 and EG-Iudgc Stuart proposed that the Judge in
st.uct tue Jury 40 aqnt the prisoner on the ground
Of variance lnc counsel thon proceeded to sum w
= the evidence, pending which the Court adjourned
e CoUIT OF GENERAL sEssIoNs.--Tho followini
= cases wero d Jposei Of IN tie Court " Genera
. sessions, yesterday William Anderson, indictcc
l. tor burglary in the second degree, for having en-
tered the dwelling Of Mr.. james T., HLsey, NJ
Abingdon Square, and attempting to stogl sl,OO
% worth of wearing apparel, peaacd guilty Of nj
!, tempt al burglary III tho third degree, ami wa
: remanded for sent nee. 80. William JohnsoI
e and George H. Joaes, indicted fur grand Ian cent
% from the person. In having picked the pocket @
. John T.. Cryer Of Morrssnia as the latter va
leaving a New Haven car Al 18th street, were cac
L sentence 70 three years AMI s'S mol'hs up'ison
l. ment in Sing Sing Lewis ;, Barry, pltsde
:, guilty OF grand larceny ia stealing chain cable
y froru M. Isaac Hall, OF No IA Broad street, AZ
a WAS sentenced TO the States frs"G Tor two car