The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-25

landed spiritual information in regard to future events
were wholly untrustworthy, mere prelentons which
might impose upon shs essdai9 S Sus were ), osr
fessed uggcr 10 enter into copartnership with him
for the purpose II giving spiritual sealces hke those
vo nav The usrs Of the shirt in the lark circles
ana that the defendant would instruct the VIE
in answering questions folded Up az 70 scss %
was done by the defendants that witness formerly the
dcicndant agent had frequently seen hn come out Of
the small In which he had his seances and his Gus
and read small pieces OF paper and then reurn "
dence having the same tendency, appeared TO show
quite conclusivcly that tho defendant without appearing
to so obtained knowledge Of the questions answered
by partially opening the envelope and taking out the
questions or opening the folded questions py seagnt Of
the cass against the defendant. rev
s. s.ts3 COMMON SENSE VIEW. Ufrs niv
The theory upon which tho defence was based Is op.
osod 70 the reason and the experience o mankind and
the proof to sustain 1t should be OF the most reliable
character Our reason as wen as our INSTINCT teaches
communicate with us and give US Information and
for the regulation Of our conduct they would not
refuse exercise this power for our benefit because
decline TO contribute nm the pockets Of strolug per-
former because we failed to address them through the
brokerage Of seme profsssed spiritual medium. And
strong and red able evidence OF tho exercise OF superna
raj power WHOM the effects produced are evidently tho
results OF human voon, and must, therefore, he pre-
sumcd TO be the product Of human agency. II was
therefore, required that the defendant should maintain
cd to prevail AGAINST the strong and satisfactory proof
made By the publicP prosecutor ~
WHY BID NOT THE DEPENDANT RxERCIsR HIS PRE-
TENDED POWERS FOR M nus own sESErs
power when its exercise would have been In the highest
degree praiseworthy, well productive Of very great
pccunary profit authorized strong presumption against
the truth Of tho theory Of the defence The defendant
by his language and Of business had proeesed to
be able 10 give true answers not only 10 questions
latng TO the condition and companonshp the expert
and knowledge of the spirits of deceased persons
but also toquesons relating TO past or futurs events
or and circumstances existing in distant States
and foreign Countries to the results Of oil specdlatons
and OF other business operations to the price OF gold
future day; to the of matrimonial expectations
to the recovery OF diseased horses, and to Office
hunters success in obtaining q desired pace--in
ever mom aa or however trivial The de-
fcndant, 1t was proved was in Washington last
spring. and In such need as TO require loan of money,
yet he had not exerted this power TO discover the
hiding place OF the endish murderers Of President Lin
con of those who attempted to assassnate other high
officers of the government and thus 10 the
of thousands Of dollars offered rewards for such
vice. nor had he nor any other socaied spiritual
nro 70
have been realized by its prasewothy exercise in aid of
the operations Of the and in the Interest Of
all good citizens II this defendant really possessed the
powers claimed he would not be likely to gain his sub
sstence by pursuing business which brought but a
meagre show Of profit
NoN-sUMMoNING OF SPIRITUAL MEDIUMS sUs-
PICIOUs. tfslhtih6
These were considerations that the jurors as sensible
practical men, could not overlook but there another
consideration OF even more importance. The perform
OF tho defendant claimed by him to be the
exercise Of the alleged powers and capacities Of the So
called spiritual mediums-a class of persons
many of whom were within the reach of a subpoena and
could be easily found II the defendant and these spr
tua mediums are not imposors who practise upon the
creduty of those who patronze them, the most obvious
and direct mode of proving the defence set up TO
put these socaied mediums upon the stand to attest
under the solemnity and responsibilities OF OATH
the fact that they do receive from some
Spiritual or other supernatural or unknown source,
themselves ignorant: that thew do what the de-
PENDANT did without any seight Of hand performance,
and DO not willingly deceive and deude those who con-
suit then It might well be supposed that this class OF
persons who, IT sad by the defendants counsel,
were conscientious and confident in their belief Of the
truth OF their professions were those martyrs who
have suffered at the stake in attestaon Of the sincerity
OF their religious belief would gladly embrace an oppor
tuny to prove upon judicial trial. the sincerity and
That no one Of this class Of persons was called upon the
stand, or volunteered bis testimony upon this trial.
removing this vexed question of the truth Of
their pretensions from the regions OF dreamy
Il to a legal and public trial in the mode and
upon the evidence to which, after all the worlds expo
Renee we are still obliged 70 resort for the determination
Of all questions Of fact in which the liberties and lives Of
our people depends circumstances Of much signia
canoe and weight upon the question Of The gnt or limo
ests, and perhaps the personal liberty of the defendants
but the interest and reputation OF all The socaed spirit
ual mediums were involved In this question and yet
not of these persons, who upon their own know.
ledge could have given direct and important testimony
was placed upon the stand and the defendants defence
suffered TO rest mainly upon the efforts Of his able
counsel and the proof by those who had consulted him
that he had returned pertinent to- their ques
tons, and shown the writing upon his arm without
their being able to discover the. manner in
which he learned the nature Of the questions,
that there any seight Of hand used in hts per-
formances To deceive the eye, TO perform tricks
with such surprising skill and rapidy as TO prevent his
manner OF proceeding from being discovered, is the
ordinary skill Of ajuggler and the proof given not
sufficient TO shake the confidence OF the jury in the case
made by tho prosecution. In short, the affirmation
proof Of the defendants guilt was very strong, if not
absolutely conclusive; the defence set up required the
jury TO disregard the and experience upon which
we accustomed to rely citizens and as jurors and
the unsatisfactory character of the defendants proof
and the failure resort to the most obvious and direct
mode Of dsposing the case made by the prosecution,
left the jury alternative, for they could mot resist
their conviction Of the defendants guilt
VERDICT OF THE JURY CONFIRMED.
In conclusion, the Judgment Of the Court is that the
indictment in this sufficient that the defendant
legally tried and properly convicted and that sem
tepce must follow the conviction,
The sentence OF the Court that Charles Colches
ter pave fine OF $40 and COSTS amounting 70 $473 The
fine promptly paid by the friends OF Mr.. Colchester