The New York herald., 1869-05-07
MARINE COURT.

Plaintiff Ordered Into Custody.
Before Judge Curtis
Reid rs. WhsOa.-This action brought for
money had and received TO the amount or $275 the
paintir alleging that that sum was paid to Wilson
TO compensate him for time expended and services
rendered In procuring the appointment OF the plain
tiT upon the police force. The proof was thai the
plaintiff was rejected account OF physical disa-
bity. The paintifr, Martin Reid, swore positively
that he paid Wilson the money. II was sought to
corroborate his testimony by that OF man named
Thomas Early. Wilson, the defendant, swore
positively that Martin Reid had never
paid him a cent and that the whole
story was q falsehood. He was corroborated by
Cornelius Reid, brother Of the plaintir who swore
that the plaintiff told him that he was going TO get
money out or Wilson, and also at the time alleges
money Tor stage and car fare. The testimony Deng
all in
Judge Curtis charged the jury as follows:-
GENTLEMEN OF THE JURY:--I need not perhaps,
say To you that this Is OF the gravest import
ance. IL involves the reputation OF the defendant
the community, and probably your verdict will de-
terinine whether he Is 70 occupy in future the
position Of trust and honor that he now occupies
and has occupied for many years; and in view Of
tnat consideration trust that you Will give this
case very careful deliberaton. II IL difficult, per-
hafs, 10 comprehend how a man who for series Of
years has occupied positions Of trust and confidence
Ia the community could 50 lar forget his relation
II, could no far forget himself TO do thing Of
planned upon the theory OF the old Latin saying
that at Is easy to descend into hell" II is conceded
at least, the defendant has been man OF
good moral character. and 80 far as
hls reputation is concerned 1t never has been as.
sailed But, at the same time, gentlemen, you are
not To presume from that fact concusiyely that he
or any other man Is incapable OF such deed II you
are satisfied from all the evidence that he actually
committed II. The only legal ground, a. took Oc-
castor to intimate To counsel upon both sldes on
pan % A the theory Sa. tnsre 70 was s
aenaaas se aa shs between the plaintiff and
time and services IN securing this appointment, be-
cause Is antagonistical TO principle OF law that
principle OF law which declares applying TO this
case that II this money To be paid for the pur.
even II that theory should be establlshed by the
proof even II 1t should be established to your salts
faction that money actually was paid could not
cover; and you viii bear that In mind. And 1 may
say IN this connection, perhaps, the Police Board
Itself has been somewhat reflected upon by the
theory OF the plaintiff in this trial. The Police
Board, gentlemen, was one organized under the law
!or the purpose or protecting the community, and
they possess under the law the right Of making
be very sad thing TO be compelled to believe that
those men who are appointed by the Police Board
for the purpose OF protecting society and the CON-
munity owe their appointments to corrupt IN.
nnences. Therefore, gentlemen In view OF that con-
Now this question is entirely OF fact. the plain
ill goes upon the stand and swears that this money
was paid to MI Wilson, the defendant 1t is con.
tended that be Is cOrroborated ny the testimony of
Mr.. Early. need not remind you that you are the
supreme judges OF the credibilty OF witnesses /
call your attention. however, as perhaps there are
some new jurors on this panel, TO two ian ar prin
cpes OF law One Is that the plaintiff is obliged to
establish his right to recover by a preponderance Of
proof; that preponderance OF proof does not. now
ever, necessarily consist in the greater number Of
witnesses brought on one side or the other; It does
consist IN the greater credbity given by the Jury 10
the testimony as IL falls from the lips OF the witnesses
AS for instance, II In your judgment the surround
you would have the perfect right to believe one wit
against ten. Another familiar rule Is that
sworn falsely to any matter that is material in the
issue, that witness IN Dot to be believed with regard
to any other matter unless lie be cOrrobOraed. Now
IT. is claimed as said before that the theory and
tue testimony OF the plaintiff corrobOraied by
the witness Early. You saw both tue piantin and
his witness upon the stand and you have not lived
gentlemen, az long as you have. and you do not
occupy the position in the community that you are
presumed to occupy from your position az jurors
without Knowing little something Of human nature
The defendant goes upon the stand and Indignantly,
had any transaction of this character with the plain
tiff In his life; and he says another thing that IL
somewhat remarkable in one view OF the case--that
he never saw the witness Early In his life Now, n
that statement be true II you satisfied that Mr.
Wilson swOre truthfully upon that stand then this
which is dearer than his hfe that It has ever been
may terminate, whatever conclusion you may arrive
at, ] trust that there viii he some one sum-
OF se paSic justice to see to that iSe
perjurcr, whoever he may be, does not
escape punishment Now, Il Is contended on the
particulars by the brother OF the plaintiff anu
II is sad to see brothers IN court OF justice opposed
TO each other; but in this may from the
necessities and the circumstances whicn surround
both. Cornelius Read sweafs land trust you VIII
het nc ,r orse. Is '9as nat because se m ,ts
entirely that his brother stated him that 1t was
his purpose p to bring some kind Of action against
testimony be true, and Of that. as
OF this conspiracy not only to defraud but to swear
away the reputation OF public oificer, and upon
ruth ' Of tnc statements gwen Is f1Iy esiassheI @
Aud may say thar If men OF that description land
don't undertake to say that the plaintiir is man
upon are TO be believed then the reputation, then
the name OF no man is safe Now, gentlemen, you
'e To- say ' which s side nss told the 0r trSn
which side has committed the perjury. That
perjury exists. exists ~ beyond question. You should
finally consider this case carefully for another
son. great many able men have claimed to dis
cern in the alleged msmanagement or the different
Of decay Of public institutions II practice sIicn
as is limited at by the theory side In this
in the hands OF terrible misqovernment: but IT. on
the contrary t be false 1t your duty to vindicae
tue character ana reputation OF men who strive to
The JurS retired and found verdict for the de-
hendant.
MI Cephas Brainard, counsel for Mr.. wilson, re.
quested the Court TO commit the plaintiff and his
witness TO the custody Of the police authorities.
Counsel for planin opposed the request, and the
Court decided as folIows:--
The Court am satisfied that q felony, TO wit,
that OF perjury, has been committed, and Is public
servant and In the interests of public Justice deem
II nv duty 10 comply with the request of counsel IN
ordering the plaintiff and his witness into custody.
Read and his witness were taken In charge by the
ocers 0f the court. and Mr. Wilson and has counsel
proceeded Immediately before Justice Dodge to pre-
Ter charge OF perjury against them.
COURT or GENERAL SESSIONS
BEFORE Jutgp te,iford.