The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-18


ject Wors in detail CANADIAN
THE ALLEGED CLERICAL PICKPOCKET.
Summing Up Of Counsel Decisiou Reserved
The case OF the Rev. George T Williams. which for
some time past has absorbed the attention OF Justice
Dodge at the Jefferson Market Police Court, was up
again yesterday afternoon adjournment for the pur
pose OF being summed up by the counsel engaged on
both Sides The court room was, as usual. denssly
crowded. and the apparent interest in the case had not
in the least abated
The proceedings were opened by Mr.. Pryor. behalf
of the accused. who in q lengthy, yet eloquent and
pathetic address, reviewed the testimony and Culed
from certain portions tending to show that the
principal witness for the prosecution had conadcted
herself IN important parts OF her evidence. The
sci assacd particularly the testimony Of Miss Irving and
Mrs. Kendall especially that portion Of II in which
Miss Irving Testified that she saw the prisoner put his
hand under Mrs. Aoores Dress and afterwards testified
but that she saw him while his hand Was under tho
dress, and saw him withdraw II with the pOcketboOk.
The counsel remarked that his Honor IN the decision
character had said that this was an extraordinary
Case and he hc counse fully CONQUERED in the opinion
easier 10 undesand that the two or three witnesses
might WRONGLY oven speak falsely than 70 believe
could possibly have been guilty of it. Circumstances
might be false or I've might read them falsely; but
there have been cases In which circumstances werc
which, the truth having been finally arrived ut, the
prisoners found to be innocent. The counsel
derto0k to show that II physical imp0ssbiy for
the prisoner to have committed the crime om the fact
that the position In which he would render il almost
impossible Tor him to have done IT without exciting sns
picion Detection He DIV IL largely the fact that
Miss Irving esled that the transaction only occupied
two seconds and also that no knife or other sharp in
srnment with which the pocket could be cut mad been
seen with or found the prisoner and he laid great
stress the testimony of the detectives which, he said
tended show that the pocket had been cut BY an ex
mari fl
suppose that Til .'rustc YOUTH" who probably
had never known that such means resort
ed TO by pickpockets, could have been
expert he argued that 1t was physical impossbty for
the prisoner not an expert and without knife other
instrument to do thing which had stated
the work Of expert. He argued further thai II
moral impOssbility for man who had borne such
be guilty Of the crime charged against him, and he
closed his discourse by strong pathetic appeal on b.
half of the family Of the prisoner vt the bar and by
stating that against the probable cause TO suppose the
prisoner guilty he opposed the facts that there
motive TO commit the crime, that II was physical i'm
possibility for him to have committed it under the cir
cumstances that It was physical mpossibity him.
TO have committed II because OF his want Of exporDess
anu that was moral impossiby for man Of such
integrity of principle and OF such conssten, pety
have been guilty Of such CRIME.
when Mr. Pryor finished his discourse several persona
in the audience appauded him. but this want OF respect
and decorum-whch by the way, has been frequently
shown during this tfialwas promptly rebuked by jus
tce Dodge, who ordered the officers attendance
tculaze Of those who had been guilty Of such dis
respect and he would make an example OF them. The
officers however, could not parcnarize and the meter
allowed to drop with the reblke OF tho Justice.
Mr. Murray counsel for the prosecution stated that he
would leave the summing the side Of the prosccu
Assistant District Attorney Bedford, who
present, but that officer dccinco and Mr.. murray pro-
cecded to He stated that those who expected
to hear for The any oer Or s,eetn
favor OF his cause world b. disappointed,
IS he would not attempt. afser the show
gaIed during the previous hour and a hall, to oc-
cupy the attention Of the eor with any unnecessary
testimony and state the law relating 70 and bearing
the He explained the circumstance Of the prisoner
having been seen watching the sage after h NJ moore
after the stage and jumped In, pulling the door open
while the stage was moving aud instead Of taking seat
room he seated himself close TO Mn Moore to
obiige her pull her skirts closely around her Mr..
Murray explained tho apparent contradiction Of Miss
IrvIngs testimony BY stating that when the testimony
read TO Miss Irving, in which the statement.
that she saw the prisoner put h.. hand under MIRA
peated her statement which the clerk merely added TO
the testimony without striking out the first statement.
prisoner the only person had entered the
after Mira Moore and that he bad plenty OF time to dis
he package OF Carte before hs was seen with the peck
etbook and read portions Of the detectives testimony,
which stated positively that the pocket was not cut b.
expert that experts generally cut the pocket the
bottom and not at the ride He then quoted very largely
from legal authority 70 show that circumstances after
the occurrence, such - an attempt to escape denial
OF guilt or other attempt conceaiment could b.
taken Is evidences OF guilt and related the facts the
attempt made by the prisoner 10 escape when be had
placed the pocketbook In his pocket Of his denial OF
having thes pockctbook and his subsequent PROPOSE
ton TO give Mrs. Moore her pockstbook II she
would let him 60, and the Inconsistency Of his
statements as to where he found the book;
that time he said he found II on the seat and
at another time, the floor The counsel then read
from the Reports Of RUSSELL Parker Humphreys, Bur
r and other extracts. OF the rulings In cases analogous
the under consideration and In which persons OF
high standing In had been found guilty Of crimes
which their former live would tend to show they could
scarcely be suspected or The familiar ~ DIR.
Webster and Richard Schuyler also quoted; and
against the plea that they should not suspect
minse OF tho Gospel Of such crime, or that they
should not prosecute on such a suspicion, he
quoted from st. Pauls epistes 10 the CORN
thians and Thessalonans, 70 show that the
great Apostle prescribed II duty 10 punish
offenders against the law He stated that ID left
Justice decide from the facts 10 the whether
not there probable cause TO suppose that tho
prisoner had committed the crime charged against him.
and that he bound 10 decide that the witnesses In
the had wfuliy perjured themselves that the
prisoner be held FOR trial the chare that The
decision against the prisoner, would not be
fastening any guls upon him, but that the question
would be passed upon by jury and that every circnm
stance for aganse the prisoner would then be- more
carefully and eaboraiely examined.
Justice Dodge said that for the present he would
serve his decision but would give due notice or his IN
tentiOn deliver H.