The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-19

am innocent Of any guilty or criminal conduct in
my connection with relation 70 the aaArs Of Henry
acquaintance OF jenkins in some Of the public places OF
this city, having seen him et different times and in
different places and formed friendship for him he
Tor me- after the existence OF this relation between u.s.
ne, on different occasions loaned several OF
money never exceeding 500. end seldom exceeding
1000; did let me have $500, with which TO 90 into
business mutually understood and agreed upon
broker in Wan street, but his precise place Of
business never knew sought 70 learn; never said
dating character for never knew that be was wrcns
door 10 any respect nor toward any person. often
ssTsS him would pay back al the money be len.
not made difference. for he was rich and MAX
Ing money every day, sometimes much as 81, ,ooOa
day; said he interested in oil wells In
and promised TO send me out there and give me share
IN bis Oil business By which he said dould make from
$40 900 to $50 600 Ia six months this the truth and
all have to say about the matter at present
The court then took recess until one o'clock
On Justice Ledwith taking his seat after recess,
Judge Stuart Add;-I now renew my motion for the
stated when the evidence given vtrike
xha ~ sa IN e SSenes "
and away from the magistrate and any judicial officer
There can be no controversy or discussion upon the
proposition that mere heresay misunderstanding
part Of the 0esde made In the absence OF the
ested parties and not in the proceedings Of Judicial
invest gaton-can be heard In any court Of jus
tce for any purpose civil, much less criminal,
against citizen That law is well established What
here in their examination is solemn testimony.
Ii to be taken for all IL 10 worth, both
ans s M
and Illegal and ought not to be heard where justice y
sought 70 be administered under the forms Of law NOT
only that the principal in this matter the party charged
with the perpetration Of the principal crme-to w.t.
the embezzlement from the bank-has been allowed K
sence, to other parties whether coercod from him.
whether seduced out Of him. whether extracted from
ton We are now considering These statements and de-
clsrations. which are alleged to be his. have
been offered in evidence in solemn inquiry
ing whether citizen can be consigned 10 Stats
prison hold that they cannot be considered lawful
testimony under the rules OF evidence Suppose Jcn-
kns here to-day and in the presence OF the prso-
ners was put upon his examination in reference 70 the
charge preferred against him. and should say stole this
money impeed to It by these two people, other
wise would not have committed the offence would
what he said here in Their presence be taken in
all the sanctions and formaities Of the law which
veop such proceeding in the presence Of magistyate
for the ends OF justice and the rights OF parties his state
ments would not be taken AZ testimony nor could Il be
heard for a moment in prejudice OF any other code
jenkins may have said outside Of this court without the
forms and ceremonies Of the law without the formalty
public the security OF private right what in the
subonation OF interested parties he made say by
the bank and the banks atorney can be introduced
here the prejudice OF any citizen In this community
With profound respect and Difference the opinion Of
his honor he would that no lawyer win held that
opinion. A man charged With high crime, manifestiy
guilty himself IL for other purpose to excuse him.
self with his friends and reconcile the public feeling and
opinion 70 himself and somewhat 70 palliae the offence
eyes your Honor said that Others than no were
concerned with him and attempted to shift hts inQuity
those who are not only Innocent in ac but who cannot
be involed BY anything he. said. Tho counsel cited
Greeneaf on evidence and other authorities 70 support
Mr. McKeou in replying said that the rule which
counsel laid down napplicable to the here The
declarations o. party against another evidence
against him. when you show them to be cooperating
with each other The admissions Of these parties
made under the solemn notice that they need say
anything that might njurc them and these admissions
that they have known jenkins for time, that
he visited the lager beer saloon where Of prs
ouers was employed waiter girl, and we show YOU
that Brown lives in the bonsc with that girl They
with which hey received IL, acknowledge, they
deny We have Show them operating t0gsthcr in this
cibezzlemcnt, or larceny dong the act and tho
other receiving the money. They therefore CO.
OPERATOR conspraors together and the language OF one
when does form pari of the seSae would
be evidence against the other The declarations OF Jen
kns adm ssblc under three s:Firs az forming
part OF the gesds second, being the declarations
OF cocon. .prators coactors principals and accesso-
ries third statements made IN the presence 0f tho
party after the arrest
ong and interesting discussion eusued between the
respective counsel upon the questions presented.
Judge stuart in closing the argument said upon
the facts presented in the he felt in truth law
yer and man that the Court bound IN strike
cut this evidence. Here are two humble people,
fricndess and unprotected. except by ~ paid adyo-
cate. They here for their legal rights before an
honrst magistrate. ls there a. larceny poveds
Shall what jenkins aaid. unaitestcd by oath,
surrounded rs bc by anNOtis, earnest
parties " iBdgnan, and maddencd prnsccu,ors--
shall hs statements against iriendlcss people then
absent. unknown and nj suspected at that lime, be
taken % nvo lem n a charge whc1, NJ established.
must consign mem 10 "a states prsony Your Honor W
say whether there j. probable determine
whether offence has been committed You are to es-
iablish for absolute certainty Il crime has been
committed your Honor must strike out jenkins state
meus stpglge AZ they are crime ~ wholly d,f
fcrcnt from iliai ci these people, if they bayc
niittcd any. Hrs crime, substance, einbczzle
mcnt larceny Thci, crue s neither OF 'heseit rs
t.i'xs "A ia
crime by st9t,sir made substantive, independent
crime wholly dIsiinr foin the crime of larceny. Yon
mus establish rbst onchwiv has cvci The pastcuar
money thai Jcnk az ina ,rlo'tcd Asb,i11' ~ ,rip.
nal must be shown against ilicc ia,ro With
Jenkins dcear, .lins lhc a,anst h parties
Is Wholly wrecked, aud tbcs' people arc free
.Instics irdwit requested counsel 10 hand their
points BY 10 m-1o" nstnns opon the mo,en to strike
tho admssions OF Jcnlns aud he would decide hat
que. tior when they next met
Judge stuart sd that 10 desired to submit Iis views
ndei ndrni OF tho proposition he had suv.nttei 90
strike jenkins admissions, upon the facts OF the
ca-c
Te corn then adjouruei TO meet at two r. NJ TO day
JENKINS Ar THE ToMBs. 80
jenkins treated ia his quarters nj the rombs well
as the pr1son REGULATIONS wradmi Donbtlcss he cxpc-
the outside world, but t Is question f he does
feel more happy, now that the blow has iacn Than
when ir terror % the law was always weighing his
mind aud he watched the ever tshtsning colts OF his
gull, rluaiiy bringing him ncarer,o the end which
hc has rpg obtained 10 be happy with hr lew threat
pcndsd by HAIR, promised each moment "s the vicmy
last, would imposs bc.
He is confined ia that portion OF the psi-on facing
Centre street cell No 5-n large airy room twenty ave
feet by ten feet The cell .s furnished with table,
char, waslntaud aud good ued His msas are broaghi
10 him from q restaurant FI
4 reporter who visited the unhappy MAI, yesterday
makes IN, following salcnent:
ON his table were copies OF ibc HERALD Tshsi Tftbsas
and r,gorls also cue o esicfdsy Ep csses and copy
OF ~ religious paper The T9cf Journal He converscs
auiIr freely a the lbir Of the deiacaton, and says
ha, bc has no excuse or paltion 10 ODER that he ~
ready sucr any punishment that may bc nctcd out "
first Sposure In The Of conver'ation lac satct
further tn he had been led % the commission of the
20, ,ernlaion bv Earle when assistant tolier the
bank sbo clsnnng g. poseess knowledge vf the inr
aud ons of The svck bsue-s Induced him 70 venture
vbrh resulted favoaby Thus led into Temptation he
tried another and failed IA II; and, In order 10
himself took funds ho0uRns 10 tho bank--ai OF
which yas well known to Earle, who bis business
man In this way thing went On with varied results,
The parties losing al tunes thirty Thousand dollars and