The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-23

The Watson az Crazy Disfiilrry Casc--Close
Of Argument by Counsel-,rhe Case 10 be
Given TO the Jury This Morning.
Before Judge Blatchford.
The United States Us. TIE Recifyiag Disfnely III,
IFS ana Us Christopher Street.-The trial OF this
case which stood adjourned from Friday evening to
Monday morning, but was further adjourned TO yes
terday morning In consequence OF the death OF
Judge Robertson. OF the superior Court, was re.
sumed. There was large attendance Of interested
spectators in court, who remained throughout the
day. q
ADDRESS OF COUNSEL.
Mr.. Henry l.. Clinton, one OF the counsel for the
defence proceeded address the Jury on behalf OF
the claimants. He reviewed at very greet length the
testimony given by the various witnesses for the
prosecution, characterizing the motives and the
manner OF giving that testimony In very severe ham
guage and denunciatoy Of the parties individuality
lie pressed upon the attention OF the Jury the salient
points OF that testimony, pointing out what he
claimed to be inaccuracies, discrepancies in that OF
each OF the witnesses in their direct
nations and the contradictions therein when con-
nesses on the same points, though testifying
on the Same side. He asked the jury
To scan The evidence and to ask themselves why these
superhuman efforts, made at all hazards. TO convict
these men OF fraud, not on the ground that iraad
had been actually committed but through the ten
Thousand technicaliies that exist ali over the
statute On these technicate5 the government ON
clas here seek to impale the defendants. These gen.
temcn have not only been proven not guilty OF fraud
upon the testimony of The witnesses, but they have
been proved to be entirely free from fraud. IL may
ne ALLEGED against US that ,ne aeIeaca mas ne1
the principals IN the case The reason OF
THIS was to be seen IN the simple fact
that Mr. Watson very rarely went 10 Tie place and
that Mr.. Crazy merely stopped there Tor u few
inents OF Il morning on ms way To his ONCE down
previous DAYS business Neither Of the claimants.
therefore, could give any evidence OF importance In
the case and therefore they had 10 depend upon the
diSncre5ted testimony OF the pers ms IN their
plcy ana who were on the premises ali the time
ana knew everything Of the business transacted
there II the defence had put forward Mr.. Watson or
Mr.. Crazy the District Attorney would call upon you
gentlemen. 10 discard their testimony Interested
parties, and therefore 1t is that we have been anx-
ious 10 submit this case 10 you altogether its
merits.
MIR. Clinton AZ the close OF his address, which oc-
cuped over three hours in delivery, said:-i appea.
10 you, gentlemen to do justice to these claimants.
l appeal 10 you TO render verdict in accordance
with the law and with the facts OF tue case. know
that the prosecution have every advantage because
they can last address the jury. The prosecution may
perVert the testlmony--inay present u unialrymay
present porii0ns OF II here ana there, dsJoinsed,
detached and thus strive 20 leave false
impression on your minds. ! ask you, gentlemen, If
you ever tried "A pursued with SUCH pertinacty
on the part Of the prosecuton--a case winch am
confident must result In the triumphant vndicaon
% the parties sought to be charged with culpable,
III not criminal, oienccy This one OF those cases
In which any OF you, gentlemen. or any person.
~ liable TO be stricken down-or assaed, al
sought to be stricken down. ! ask you to
say, gentlemen, whether these men shall be
sacrificed not because they committed an error,
but because Congress so wortled statute that Il II
susceptible or every different construction that may
he put upon 1t, and can be brought ~ punish The
very men who have been most honestly determined
10 abide by the law in an its proyisionss win
aace OF the law and for exercising every
precnution to avoid its slightest infraction?
~ they are stricken down 1t viii be because they
4 and m ltt1f
the requirements oil the law. II strinen down Ii VIII
not be because they have violated any law, but they
snail be made the victims OF the miserable techni-
raites OF the law, owing to the bunders OF Congress
In framing the statute / ask you therefore SO far
rs the merits OF this case are concerned and lar
~ u shall be left 10 your decision by the rui- |
ings OF tine Court, | ask you 10 indicate |
triunphanty these parties because they are |
right. asa you If they were guilty OF any Intention
of fraud IN this matter would they have boldly
before jury and courted and demanded legal in.
vestgalon before court ana jury OF their fellow !!
citizens? III they had been guilty. or any ,lerelcton
Of duty, technically or otherwise would they be |
wiling 10 defend the case az they have defended 1t
'tempted-ot liking fraud upon them. Would they
not rather have yielded 60 the prosecutions Did
ahey look like dishonest meny COu.d YOU, from all
tne evidence addlced on the part Of the prosecution
put your finger upon anything they have done de
rogatory 10 honest, upright honorable, business
men1 lou gentlemen, are all STRANGERS 10 me. and
!, Is not proper that should anything outside oil
the case; but after you nave rendered your verdict
and gone oat from this court. anu mingled VITA your
fellow citizens, | ask you 10 go among the iner- |
chants and the business men, mixing IN the |
honorable circles OF business, and ask OF these men,
who are Watson Clary, and do they believe that I
they could he guilty OF the charge here alleged /
q sainst tllcmf hut appeal now 10 no outside con-
sdcrations; keep myself strictly within the limits
or my professional duties and having no feeling
hut TO discharge my duties 10 nv clients 1
WIN leeiily anu "Isn an tle ahhtg Inlay
be possessed withal. nave not assaicl any one 1
through the officers OF the government have
commented severely on the testimony, because |
would be recreant 70 ms duty and 70 my Oath did
fail "a have commented on that testimony a. II de-
served. ask you, gentlemen. 70 look 90 this case in
all ts bearings. These mep have fought this thing
submitting their cause 10 an intelligent and upright
Jury. Having nothing to fear they were willing that
bearing on The ease. They have gone through the
ordeal successfully, and ask you on The rendition
Of your verdict TO 40 them justice, as you cannot
do Otherwise. without, as respectfully submit, ruu-
ming counter 10 the law, and counter 70 tue prin-
ciples df equity and justice ! ask you 10 render
promptly and Immediately verdict Tor these
clGimants
ILL., Courtney United states District Attorney in |
his opening remarks yindicated the character OF
the witnesses for the prosecution which. he said had
been wgntoniy and yndctiyely attacked by the coun-
SCI VINO hal just addressed the Court and jury. |
This wa, however, an alternative that Prosecuting
witnesses, who come forward in discharge OF Official
ana public duties and III conformity with their oaths
with tue Jury would be whether or not this prop |
crty--IT, ls3 and 1i5 Christopher Streets
liable 10 condemnation, because certain arti. |
cles and properly found on these premi-
ses, ylnch were subject 10 tax. were |
there without having paid such tax, and
held there with intent 10 eyade the Iayment or the
rax THIS was the only question to be disposed Of
fY the jury. II was not because the property was
claimed by watson Crary-inat lad nothing 70 20
with the case. The onuy or burden Of proof u upon
fnuee parties 70 snow that the tax was paid upon
shrsc spirits, which lea to the prosecution IN ths
ease, and winch were found In other than bonded
Nareliouse. The jury was bound counsel contenned,
a. relcr verdict Tor tue prosecution because uii-
oeT me ioriy-ith secaon--the section unner "ncn
rhcse sprts seized, being ON premises otner
rnan y bonded warehouse-the burden OF PROOF lies
with the claimants 10 show that the tax was PAID
Counsel then proceeded to review the more impor-
Cant points OF the testimony submitting them SER.
o,n TIE light Of the prosecution TO the Jury anu
commenting the evidence as nc went along,
alklng the witnesses In the order of the significance
nd Importance Of their testimony. Counsel coin
Hentei on the absence OF the claimants az Wit
ncEes when be chained, their testimony must nave
explained the exact state Of the case 10 tse Jury.
Tueif absence from the witness stand must certainty
opera on the minds of the jury against them. rue
law on this point counsel said VIA ina wien
81 party Is supposed 70 have testimony WHICH
1aaY cSjhaln the exact state 81 the case anu