The New York herald., 1865-01-06

II own statement he admits thai would be hardly
g ss ss sss ssd %: =
s Of sas s.a = ss
have W he thought In equy he was not entaslea 70 y
Of the patent and Mr. Opdke had agreed that on
every gun made and sold which this price was obtained
was e have g % .SS he Sss 10 the
matter but only II they got the money he would
Ss. Il becamc doe 70 him Opdyke says, sTf lost
thought in equity he should lose something That
~ notion Of equity. 0pdyke goes 70 spaadlng and
Ssds that Il easen, otherwise injured and he III
q with that9 But that is his idea Of equythst not
having made enough OF money out Of II he not 10 pay
sbauiaing the price agreed upon The man who sold him
when the guns were sold 70 the government and
psad for; and when the iron dealer demands
&ts 1t has been losing concern me- and you must
safer with me That IL his his theory OF morals; this
nwhat he calls equity He would act thus 4 Il was
nOncy he had borrowed TO 60 into business with And
tho business turned not profitable he would say
As creditor when he should pay the money, Oh no,
can't pay you all back because the business entered
was not prosperous In equity lost and equity shall
- pay you all What do you think OF morality like
iS What do you think OF the Mayor Of our city, an in
tellgcnt man. rich merchant, coming and telling
- that this Is his notion Of equity and bust
ssss morality3 What would you think OF q man
y will pay them, because his venture has not been
ponable one and that he will not pay his debts because
VA Is Mr. Opdykes equity that is his theory Of morals,
. sexpained by himself II is for me say what
tlsity and what just and fair 1t is for you 70 deter
nine this matter have presented the case you
smsarily In very hasty and cursory There is
much In would wish TO dwell upon much in the EVIL
dence would wish TO comment upon but must leave
Mas 70 the able gentlemen who viii follow in address
Ag you. Ny time is about expiring and will leave the
natter in your hands The great question which comes
10 uha nlnnn hann IN
Serecty taken, means which the law regards as al
ways fraudulent moneys Of the city treasury moneys
IN Of the treasury, Of which he himself plantia)
- trusted guardian Itis for you 70 say whether this
ning right you do say that i rs tight then have
% % ns
md that fraud has trampled honesty foot and that
- day Of your destruction is surely at hand II
these things cannot be exposed without jury saying
thAt they should not be exposed, then say, and
yoa, that your liberties already gone Mr. 0pdyke
ihe plan,i in this casethe Mayor of the citysomes
whom this claim Of wakemans is before the committee
akes part In it's consideration and in favor Of IL
ae sits there while his own claim was being
Isnssay, telling them how he : had cautioned
- son.inaw, Farley 70 be very particular and they
should cut down his needfu knowing ali the time the
fraudulent system upon which his claim was made out
ns had consulted with Jones and Farley and he knew
spen his own showing the whole thing Yet ho makes
show Of great fairness and great honesty before the
committee when his claim is before 1t. 1t not TIL
was suggested TO him that his presence there such
s was indeicte and improper that he leaves the room
Gentlemen, this " not my business much as it is
yss have had 70 present the facts ss they we're elu
sdaed by the testimony Of tho witnesses In the case and
shall now leave II TO you 70 say whether have not
presented the facts before you with fairness
accomplished all that rests with me in the matter my
responsibility ends But gentlemen your responsibility
ssefn and II is the gravest and highest responsibility
sver cast upon you hitherto in lives and probably
lhs greatest that ever will be- All ask-all enjoin
spon youis to do your duty in such way that when
10ne your duty, and that II any one man among you
sAnnot agree with his brethren, that that nan when he
eayos tho court and the community ssk him did you
hlnk that rghts- man will be able 70 tell WHY he
thought II right II you think wrong, give verdict for
~ defonaant but f You think II IA al right you viii
ve 6verct for the plaintiff Of III you do this tell
u your fellow men, that man is In Office ana he
snbarks 10 scheme Of making money under con-
plan by which he gets back al the money and
~ the PROFITS keeps when he gets IT, and that the
Sa who dares % expose the fraud II this Is what is TO
follow the hearing Of this case, then hush the news
papers that tells It 70 the citizens and exposes to the
wsr Tell your fellow men that you are not In favor OF
Ne commission Of frauds BY public men IN high places
ei trust and confidence, being exhibited punished
s them that this thing is all right and your desposisni
ne Court then took recess for fifteen minutes.
MR.. EAOpT's ADDRESS
On the reassembng Of the Court Mr. Emott proceeded
% he marrow Of The controversy 70 the real issue Se-
ssn TO over lengthy speeches from counsel and have
strength 70 waste In such an effort after pro-
Asacted and exhaustng q trial AZ this has been Bat
there things which may bo said 70 clear the
pash by which TO approach the truth in this
The extraordinary manner In which the de-
Sence was. opened, and the extraordinary manner
h which the whole case has been conducted by
Ne other sde and may add, after lstenrg TO the ad
dses Just delivered before you the extraordinary man
ner in which that address closed compes TO advert
things which do not belong 70 the issueat least
far tell you what that is. am bound to
TO these things because IL stated deliberately
asd wilfully by counsel the other side. recoect
having heard read somewhere Of certain learned
ueman Of the bar having been applied to BY depuation
his fellow citizens 70 instruct advise them the
In which they should cast their votes at an a-
preaching election; and remember the advice given
closets, and there fall upon ,hcir knees
aud lmploro tho Divine guidance, and when
ahey had done to follow the direction they would there
receive No better advice could possibly be given in that
or any other matter OF importance But as TO the gentle
man Who opened this case fear, II We could have fol-
his speech as he composed and delivered 1t 10 the public
three ago should have found squatted close TO
form of tho defendant here--Thurlow Weed:
You, gentlemen of tho jury, recoiiect that counsel
% the other side, before they proceeded TO
open the case, asked and obtained time that
Ihey might deliberate as TO the manner in which
shey we're 70 proceed. That opcalng vas marked
BY tho same vndictiyo malice which dictated these
lbela That opening speech itself libellous and
afocious the ibes, and marked by all the cunning
brewdness and yndicscncss that belongs 10 either Of
those libes ~ tel You adv isedy said the gentleman
who rst addressed the Court in this case tha this trial
u be tho beginning OF revolution, and that revou
uon may be a bloody one. Now, gentlemen, ask VINO
u 10 DO tho RobespIeue, the Danton the Marat, the
BAere OF this bloody predicted revouton9 It's victims
you presented 10 YOU grouped together In tho pub
hcaon OF this great apostle in June last the o OF tho
publication Of these liboIs You there the plain
tn opdkye who must be considered Of the victims
In that devoted list Of martyrs. You have there Mr..
Xotchurn, Mr. Hoy, distinguished lawyer my asso-
sAale in this pir Feld) Mr. Park Goodwin, of
the editors Of the Erenng fo and Mr. Horace Greeley,
n end informed you to-day his client Mr. Henderson,
sf the Evening Poet All these you have had grouped
Scgelner the first victims a this bloody revolution;
ali crushed and exerminaied for political miscon
duct and moral dishonesty. Mr. Weed, the defendant,
here struck his blows to punish these men,
way You know this, you know his motives,
everybody knows u, tho world knows H. This
n che man ,nat looks revolution and endeavors 10
cto revolution that ho may II TO hur from public
respect and from private esteem those men because he
thom But what have you In the progress Of
tAe since Mr. Pierrcponts lips closed three
weeks ago2 What have you seen In tho development OF
MA case through the whole hearing Of H. that promises,
.ads IN arms N yIOlenre