The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-09-24
THE COURTS.
CRIMINAL CouRT = Judge Fisher. This
court met at 10 O'Clock yesterday aud con,
cluded

sluuNu
THE TRIAL OF scuURMAN.
At the opening Of the court Judge Fisher
the following charge to the jury;
United States ~. James H. A. iSchuFBidH, IN.
dictmcnt for taking and carrying drdy ma.
tional currency notes Of ne First National |
Bank Of Jersey CITY.
GENTLEMEN OF THE jury, You are about |
10 deliberate upon the verdict which You |
shall render upon this indictment which |
charges Jas. ii. A. Schurman with removing, |
on the Goth day Of May last, from the Treas.
ury building, certain papers, printed and
stamped and prepared in part to be put In
circulation on behalf Of the United States rs
circulating notes OF banking association,
organized under the laws Of the United
States, to wits eighty papers as circulating
notes Of the First National Bank Of Jersey
City, each Of the denomination Of ilfty dol
lars, with intent to defraud the L nitcd States"
The second count states the same offence In
a different form, charging that the notes
were taken from vault In the Treasury
building; but as the vaults are In the build
ing, there seems to me to have been no ne
ccsslty for two counts.
A motion was few days ago addressed to
the court asking that you should be in
structed to render a verdict Of acquittal upon
the ground that the proofs presented by the
prosecution, II they tended to prove any
crime against the defendant, tended TO prove
an offence altogether different from that
charged In the Indictment. In denying that
motion remarked that although there did
not appear to me to be sutliclen ground for
taking the case from the jury because Of a
variance between the evidence In the case
and the charge laid In the Indictment, yet !
was strongly Inclined to the opinion that the
Indictment did not charge In terms sufIi
GENTLY accurate the offence described In the
act Of Congress defining 1t and providing for
its punishment. | merely call your attcn-
ton to this matter now for the purpose of
guarding you against falling into the error
Of permitting yourselves to he embarrassed
by question OF law which may or may not
hereafter arise, as your verdict shall be for
or against the prisoner. Whether this In
dictment Is sufficient to justify the court in
passing sentence upon the prisoner In the
event of n verdict of conviction will be
question purely for the consideration Of the
court, to which you will give no thought
whatever.
Permit me again TO state to you the charge
made against the prisoner Here refer to
the Indictment.
It contains two counts, differing from each
other only in this that the first charges the
papers to have been taken and carried away
from tho building wherein they were kept
and deposited, while the second charges the
carrying away to have been from the rdiit
in which they were kept and deposited. As
the vault is contained in the building, and
as tho evidence relied on for conviction
proves the notes to have been carried out OF
the building, can see no necessity for
making two counts with only this difference;
and we need only, therefore, refer TO the flrst
count TO SEQ what the charge Is. II alleges,
then, substantially, that the prisoner, on the
Goth OF April, 1867, took and carried away
from the building, where they were kept and
deposited, eighty papers, commonly called
national currency notes, of tho First Ma
tional Bank Of Jersey City, each of the dc.
nomination of 800, and eighty others of the
denomination OF $50 each, printed and
stamped and prepared in part to be put In
circulation on behalf OF the United States.
You are called upon to determine whether
this charge is true by the verdict which you
are about to render. In considering whether
1t is true, you are to determine whether the
evidence satisfies you lst, that all or any
| OF these papers were taken and carried
away from the building where they were
| kept and deposited, and II will make no diff.
ference as to your verdict whether one or all
Of them were taken. for the offence would
be the same.
2. Does the evidence satisfy you that these
| papers were such papers us they are dc
scTibed to be In the indictment; that Is e
say, papers printed and stamped, and pre-
pared In part to be put in circulation on he
half OF tho United States, as notes of til,
First National Bank of Jersey Cityi
3. If they were such papers, and II tho,
were taken and carried away from thci
place of deposit, did the prisoner at the ba
take and carry them away and
| 4. II he did so take and carry them away
did he do II after the passage Of the act o
Congress of the 9TH February, 1907
urYy }ARSg SaEfc tI3H notes produced
this trial, and the others which were MISE,
at the same time, there seems TO be no con
troversy that they were taken and carriet
away, and that when so taken thcrefrom tn
printing and stamping was entirely com
pleted, and they were prepared for being pul
Into circulation In all respects except tina
they had not upon them the signature Of tn
officers OF the bank, which was requisite he
fore they could be said TO be prepared com
pletcly for circulation. So you will find n,
difficulty In deciding that they were printct
and stamped and prepared In part for circu
laton.
The counsel for the defence, however
contend that they were not prepared In par
for circulation on behalf of the Unite
Statesi that is to say, that the circulation O
national bank notes Is not made on bchal
OF the United States, but on behalf of III
bank only. This regard us fallacy. Sue
notes, when properly put in circulation arc
in my Judgment, put In circulation on bchal
OF the United States. They are the Govern
mcnt currency, lent to the banks upon fu
security, and the Government stands pledge
to redeem them. They are what they ar
called on their faco and what they purpol
to be, national currency notes. That the
were notes OF the First National Bank {
Jersey City Is also uncontroverted.
Tho package In which these papers wcr
contained is said by the witnesses to have dl,
appeared bodily. One of the witnesses swear
that they were counted in his presence an
reported correct by lady clerk detailed fC
that purpose as late as -. If this L
true, then the taking must have been don
after the 9th OF February, 1867, the date {
the passage of the act. Then there Is bu
one question remaining for your considers
ton, viz: Is the prisoner at the bar the pei
son who took and carried them awayi 7
maintain the affirmative Of this question III
Government have produced witnesses vii
swear that he was confidential mcsseng,
Of the bureau wherein these papers wei
kept, enjoying at tho time Of the allege
taking the entire confidence of the chief
that bureau, and having the opportunity I
take them on the 23d and also on the Goth
! April, having been In the vault where the
were kept on both those days; that, whc
he was requested to remain at the Office aft,
official hours, he alone of all the ma
employees abscnted himself, and left at Il
! usual hour; that within very few DAYS aft,
! the notes were taken, the prisoner visited Il
! store OF Mr.. Uppcrman with a large pockc
' book containing quite large number
' notes, laid one upon another unfoldcd, openC
! his poCket-boOk and took out n new $50 no
of the First National Bank of Jersey cit
: and paid small debt, receiving the chan.
: from Mr.. Cpperman, who saw the note lyiT
Immediately under the one handed him |
the prisoner, which was also q $50 note
the same bank that in day or two aft
! this the prisoner went 10 Mr.. Clark and pa
4 Il small debt with II new $50 bill, which
= (Clark) paid to Mr.. Pcrrle, who swore tn
he took this same note and deposited II wi
{ johnson u Co., who returned to Perrie 8
: note of the First National Bank Of Jers,
4 city, aud PCrric returned II to Clark; til
, the prisoner, very soon after the robbery h,
= been discovered, also anticipated the payne
of note he owed the Washington bank
Sl00.55, and that one of this same packet
y notes was soon afterwards found at tn
!, bank by detective Tayman; that the prison
v also, some two years after the robblng, we
: to Philadelphia, where he fell in with o.
Marian Harris, and having inquired of h
whether she could keep secret and receiy
VI an affirmative answer, gave her a 500 b
v of the First National Bank Of Jersey Cit
n aud arranged for her to meet him In Il
| oil ltEr alH ala t1Nfn "a. Ii