The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-01-12
The Case of r. o. j. Smith.

In the Advertiser of yesterday morning Mr..
Smith published a card, over his own name, in
relation to the late decision of the full bench
of Massachusetts, on his exceptions to the rul-
ing of the court in the case OF the Common
wealth by Indictment VS.. himself. He COM
plains of the report sent out by the Associat-
ed Press, as special dispatch, and asks news
paper editors, who published the dispatch re-
ferred to, to copy his card as an act of simple
justice. 5a9mgQ 5- %, 44lA''i
We did not publish the special dispatch to
which Mr.. Smith refers, though we received it
and now have it before us. The dispatch
came from New York, directed to the Press,
and was signed by the Agent of the Associat-
ed Press, Mr. d. n. Craig. We did not pub
hsh, not only because of the apparent malig-
nifty of the dispatch itself. but because its
statement was not borne out by the report OF
the decision contained in the leading Boston
papers. Had we published that dispatch we
would cheerfully copy the card, but not hay
ing done so we do not think it necessary to
the ends of justice to the parties that we
should copy the reply of Mr.. Smith, and yet,
as matter of information, the substance of it
may be stated and this we can do in no short
er way than by making few extracts
from the article itself. Mr.. Smith-referring
to the special dispatch aforesaid-says: 81
The report of the Association (Mr. Craig's)
is so worded, as to impress the honest mind of
the public, that this decision of the court
ends the case, and now leaves me no alterna-
tive but submission to the severe penalty of
the law, however unjust. ti'
But, my friends may feel assured, 1t Is not
30. .s-f--rr ID st.f qot .tlf1sI - si.it
Many of them will remember, from state
ment published i'll this paper in March last,
that series of original letters, written by
different parties acting in concert against me,
fell into my possession, and developed the ORR
gin, detail. and desired agency of the several
persons who were to act in these prosecutions.
a perfectly mapped conspiracy, founded in the
viIest designs of btack-,naiii,sg me and which
designs could be prosecuted only by the most
wicked perjuries If it be criminal to BLACK
mail man, deem it no less diseracefnl to q
man to be btack-adited. have defied the
one crime, and have never yielded to the other
disgrace; and in this, at least will have rem
dered by example some service to the public
before this case ends, though at a painful sac,
rifce of my peace. f5l.na 90 q. - ...r}4 ~
1t Will again be recoilected by many, that at
the late trial in Boston, the above named let
tiers were excluded from the jury by the pre-
siding Judge, because of the failure of one OF
the conspirators, upon whom solely was
compelled then to rely for identifying them
and for proving the uses he had made of them
10 suborning witness to swear against me
the positive fasehoods to which he did swear
and which were essential to support the in.
dictment. The ruling of the Judge was un.
doubleday correct, under this failure of testi
mony. But, since the trial, two unimpeach
able witnesses, of whose knowledge l had nc
Information at the time, have disclosed all the
facts which the above witness would not di
vulge on the trial, but denied, and these two
witnesses have verified those facts nv tbeil
oaths. Cas sod. g4,l3.-l1 ',.i-7-
have been equally fortunate in having dis.
closed to me, since the trial. in the sworn festi.
mony of multitude of witnesses, facts tbat
now enable me to establish the heartlass
perjury of the governments principal witness.
es apon eUery essential Ingredient of their tes
timony which gave any color of truthfulnes
to the verdict which the jury rendered.
And it is upon this new evidence, kindl,
disclosed, and that cannot fail to reverse, 4,
toto, the governments case at new trial, AM
for which new trial, upon the ground that tn
verdict was maniiestly rendered against tn
evidence actually put into the case, as well a
upon that OF the newly discovered evidence
motions are now pending in Court, and vii
be heard fully, before the prosecution can hav
a conclusion. : 70 @
We find by referring to the rescript of tn
court that oyerruled the exceptions Of MI