The New York herald., 1869-05-22
NEW YORK CITY.
The COURTS.
UNITED STATES CIRCUIT CoulI.
The Alleged Davis Perjury Characterization
At aI<.A A.,oaa

The Alleged Davis Perjury Case-Conviction
Of the Accused.
Before Judge Benedict.
The United States Us. George b. Davis.-The trial OF
this case was resumed yesterday morning. being the
third day 1t has occupied the court. The testimony
on the part of the prosecution having closed, the
defence called Commissioner Belts. OF the United
States District Court, who testified that he had
Issued the warrant on which the prisoner had been
arrested and Mr.. b. X. Phelps, Assistant District
Attorney, whose evidence was merely on a few
technical points connected with the arrest and the
examination OF the defendant
Mr.. Lapaugh then offered to defend Davis as p wit
ness ON his own behalf.
Mr.. Pierrepont objected on the ground that It had
not been decided that the practice In the State
in criminal to testify In his own behalf did not
extend to similar cases In the United States courts
in other words, that the statutes requiring common
law proceeding In the United States courts TO con-
form in practice with similar proceedings In the va
rlous State courts did not contemplate nor cover
such practice as this IN o criminal case.
The Court refused to permit Davis to testify.
No other with, witnesses @ having been called called Mr..
T. Sess tbe or urv sne On SeSa or isn Ss
Closing lengthy and very able address, he said he
would leave the case OF the prisoner with the jury
they considered the right and the just cause
IN this matter. lie hUped they would give such
our in titutions, ana particularly to that Of trial
by jury. No more sacred duty ever devOlved upon
men than that which now devolved upon the jury
In this case. Their verdict would either deprive
fellow being Of liberty or give MIN liberty, either re-
store him to the bosom OF his family or tear him
thereIrom for years. lie had confidence in the in
teigence and independence OF the jury and he left
the OF his client IN their hands hopefully and
confidently.
Mr. Pierre2ont, United States District Attorney,
then summed up for the government. The question,
he sald stripped OF the verDage aud ratocinaton OF
counsel for the defepdant, was, whether the deen.
dant had committed perjury IN what he swore On the
11n OF June. 1865, before Commissioner Osborn, and
In what he to following that, In his examina-
before the Comm issoner. That was the only issue
IN the case. Mr.. Pierrepont then proceeded to re-
view the evidence in detail as II was presented to
the court on the examination OF the several wit
neSses.
Judge Benedict In charging the jury, adverted to
The Nervousness of the crime OF perjury, and said no
proved guilty Of 1t ought to escape punishment,
but the evidence should be carefully weighed. so
The jury were requested to divest the
case OF all extraneous issues, for which
they were not responsible, and TO simply
pass upon the question whether the defendant in
making the affidavit against Collector Bailey and
testifylng against him IN the examination which
ensued, had committed wllful and corrupt perjury.
The Jury retired at twenty minutes past TWO
O'Clock and after absence OF five minutes brought
In verdict OF guilty, and Davis was remanded Tor
sentence.
Counsel for defence gave notice that he should
move for new trial.
The prisoner was tnen ordered to be removed in
the custody Of the Marshal.
Removal Of a Union Pacific Suit.
In the suit Of Charles M. Pollard vs.. the Union
Pacific Railroad Company, Henry c. Crane ct al all
the papers on file In the suit in the Supreme Court
OF the state OF New York have been transferred and
the suit has been removed TO the United States
Circuit Court for the Southern District of New ork.