The national Republican., 1867-07-19

Mr.. Leeoh then commented at length upon The
testimony Of Mr.. Tomliuson for the defence
showing thai Carpenter had told witness that
Mr. Tomeny knew nothing about The larceny
that Carpenter told witness at Darisn, Connecti
cut, that when he (Carpenter) talked 10 Mr.
Tomeny at Mobile about stealing Roberts pa.
pers, Mr.. Tomsny cnutioned him not 10 attemp,
II, and told him be would get into the peniten
tiary and that Tomlinson had fatty contra.
dioted every material statement made by Car.
penter.
There was not particle Of evidence that Car
penter had committed the alleged larceny Al
Willard's Hotel, at the instigation OF any one
The testimony was to the elect that the induce
mont was to steal the papers at Mobile, and no.
where elsei and therefore the accused could not
lawfully be holden.
The theory Of the prosecution was, that Mr..
Tomeny was an accessory before the fact. II
this were 80, II was not competent to try bin
under the common law which, on this subject,
prevails In tho District Of Columbia except In the
or after the conviction Of the principal. He
read from Wharton's American Criminal Law
sec. 1855; and Archboid's Criminal Practice and
Pieadings vol. l, p 73, in support Of this propo.
sition. And II tho accused could not be tried
he could not be held for trial here. That, he
said. would DO an ab,urdity. The alleged
offence was committed in the State Of Alabama,
and the courts Of this District could not try tn
accused. This matter Of Jurisdiction was fatal
to the prosecution.
This question had, however, been so fully dis.
cussed by bis learned colleague, and the author.
tiles go fully cited. that ho had nothing to add
on the point.
But Carpenter. rs shown as shown by the
testimony, committed different offence from that
which he alleges he was instigated to commit.
Such being the case. the accused was not respon.
sible as an accessory before the fact. Carpenter
was alone responsible. wharton, p. 1885, Roscoe,
p. 216i Arohbold, vol. l, p. 71.)
Finally, tho papers which Carpenter states he
was procured to steal being afidavits and tho
like, and not papers Of any money value, were
not the subjects Of larceny at the common law.
archibald, vol. 2, p. 376i Roscoe, p. Gal } And
there was no statute In force In this District
making such papers the subject Of larceny.
Mr.. Riddle said he did not think that any.
thing he could say would supply the want oil evi
dence. lie knew not anything about the case,
only that which he had heard in the testimony.
The counsel thought We might have reached
that high degree Of rascality that no party
could be convicted. There was no doubt but
that Carpenter and Dubois were tho ones who
stole tho box and papers. But 4 thief was
thief, q proourer Q procurer, and be did not de-
scond, though q man occupied high position
under Government, II proven such, to call him
anything else.
Mr. Riddle spoke Of Carpenter and tho impu.
tations against his yeracityi said that though he
was not good enough now for the defence, yet
he was good enough for Tomeuy when he was
used to prosecute Roberts, Mr. Riddle spoke
Of tho facts connected with the larceny, and why
tho papers were stolen, and who for. He quoted
from Tomlinson's evidence In reference to the
conversation about Winston's coming down."
and said that Carpenter did not 70 to Mobile
after Winston, but went In different direction
and inquired for none but Tomeny, The counsel
sharply criticised Tomlinson's testimony, and
spoke Of him as the great witness for whom they
bad waited two or three days. Tomepy was tho
guilty party; II was his larceny and mono else
The papers were larceny a piece Of paper and
the writing on II was larceny
The speaker referred to the Jurisdiction Of the
court over the case; said he did not believe in
States being sovereign; that was IN exploded
humbugj the old common. law bumbug was that
somebody must suffer- and while the principal
escaped, you would 90 roaming over the world
to find some one to suffer for the crime. Justice
Story has decided that he who commits an act
through his agent docs so himself.
Probably a crime has been committed, and II
Is due to the court to Investigate It. The law
goes out not to seek the personal standing Of
men, but to iud out the oppressed aud oppressor
II Mr.. Tomeny were guilty the court must take
cognizance Of IT. and " innocent he must be al.
lowed to 20 free and among his friends.
The court decided to render a decision on
Monday morning at ton o'clock, k.,.,,--,..-
This case has attracted more attention than
any ever occurring before any primary court
within the District. Justice Miller Is giving II
the attention it so emineutly deserves II Is one
which involves in its decision the character Of q
man who has ever been held in high estimation
for the strictest integrity. In the subtle vii
lainy transparent through tho evidence thero
Turks tho spirit Of revenge We have no com.
ments to make upon the subject. The counsel
on both sides performed their duties 70 the
strictest letter. Able, courteous, self-pOssessed,
eloquent, and with full knowledge Of the law,
they quoted its behests In their arguments and
we are satisfied that tho Justice, holding the de.
cison in reserve, will render one In accordance
with all due observance Of the law and the facts
connected with the case
A PLEASANT AFFAIR.-Quite pleasant
time was had last night in one Of tho rooms OF
Willards' Hotel, at banquet where sat down
the following named gentleman: Mr. Cave, a
member of the British Parliament, now visiting
this country, and In honor Of whom the banquet
was gotten up; Mr.. Henry Wykoh, Of the New
York Herald, who accompanies Mr. Cave; Sen.
ators Wade, president Of the United States
Senate) Cameron, Sherman Wilson and Chandler,
and tho following named members Of the House
Of Representatives: sohenck, Logan, Thaddeus
bteVens, Banks OOHax, kSpehkor OF the house
Of Representatives,) Butler and Ames. A genial
aow Of spirits prevailed, and national oompli.
ments were exchanged between Mr.. Cave and
those present with him, Mr. Cave and Mr..
Wycoif leave for New York in the 7 q. IN. train
to-day.
A NEw Society, called the Equal Rights
Association, meets In Union League Hall, on
Ninth street. tonight. Senator Pomoroy will
preside, and Senator Wade, Hon. @. W. Julian,
aud others are expected to speak, with Mrs.
Josephine s. Griaing and Mrs McNall. This
Society will publish and distribute documents
pertaining to universal suffrage and education,
and have taken tho field to remain until the bat.
tie Is won and our republic Is based on the firm
foundation Of universal and intelligent suffrage.
They ask the public to attend, particularly the
friends Of this cause.
CHARGED WITH SwISDLING.-Yesterda
evening n soldier of company d, l2th regular
infantry, named John Marsh, was ARE sted at his
barracks yoiicer Kavanagh Of the FIJI, precinct,
on q warrant sworn out by a woman who re-
sides at the corner Of Fourteenth and d streets
named Mary Kelly and be was taken before
Justice Hazard Mary Kelly charges that in
May last she gave Marsh watch and pair OF
ear rings to repair; aud, at the same time, gave
him So so as pay for the job. Soon thereafter
Marzh enlist ad nd mt the articles named aboye