The New York herald., 1869-02-20

NEW YORK CITY
IHE COURTS.
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.tf UNITED STATES cAcuI COURT
rss Alleged McHssry Psrjsry Case-Charse
~sr sf the Jadse-Tho Result.
Before Judge Benedict.
me United States Us. John D. NcHenyv.-The
hearing In this case was resumed yesterday morn
ing. The nrst witness called for the prosecution
was
James Louchein, who testified that on the eth OF
January, 1865 he had charge Of Pixies Opera House
throughout the day; saw and spoke 70 M. Pike
several times that day.
John CollerIy, another Of the employees OF Pixies
Opera House, gave similar testimony; thar on the
eth January 1885, he was at the Opera, and saw Mr..
i Several other witnesses, employees OF the Opera
House, gave limilar testimony e. to Mr.. Pfke's
Whereabouts on the 9th Of January and throughout
ReOustins testimony Is to Deputy Commissioner
B. r. Tracy, testlfed-r am United States District
Attorney for the Eastern District; know Thomas
AarIand for the last two years; know that his
putaton for truth and integrity Ia good; would be-
Cross-examined-Hav heard accusations brought
aganst him; know nothing Of HIM socially or Of his
Edmund 9. stetman-Have known Mr.. Harland
for twenty years; know that hts reputation for
w. II. Buriey, James e. huns0n, Horatio s.
Brooks. Marshal b. Blake, James Freeman, william
land and that his reputation for truth and veraciy
was good, and they would believe HIM under oath.
Two Or three witnesses for the defence gave coun-
yer testimony. testying that the reputation Of Mr.
Mr. whitman tesuned that his Harland's) reputa,
don was bad, but would believe him under OATH
This closed the testimony, and counsel w. Dudley
Field for the accused, and Mr. B. X. Phelps, AS
sstant United States district Attorney for tie prose-
foNrs sUsalTrED TO THE BENCH TO FORM PART
css SgsaSn tt Isn s points,
requesting his Honor TO charge in accordance with
That the two transactions in which unury Il rs.
signed In the indictment you must keep parate and
Distinct 90 that In your verdict should 1t be guilty.
Loeb Rollins matter and the Pike ariand, or guilty
a. to but one, and II so. which one.
Ths second count Of the indictment is bad for 6u
count. and charge you to disregard it altogether
te ns % sra aer are IN
are at stake. ana while this COZ deration docs NOT
render them incompetent witnesses does affect their
You cannot convict on the first count OF this in
dfctnent unless you utterly disregard the witness
The character OF Ferguson as to truth ana veracity
has not been assaed by the prosecution and the
presumption therefore Is that it Is good and that he
I Judge Benedict having declined to charge as re.
Quested. exception was taken to the charge.
Tfe THE CHARGE.
Judge Benedict then proceeded to charge the jury
He sad:-Gentlemen OF the jury-The responsibility
IN 4 ana 10 And Se ns
character OF the prosecution Is considered and the
results which are to follow your verdict you VIII,
apprehend, not deem that responsibility light one
and IN view OF the circumstances which attend the
case and the results which are to follow your yer-
Dict. 1t 1e highly important that the verdict You
render in this case he the right verdict; for gentle
men T. % would be ;,,y very calamtous occur, r
declared dSdsr S oath. the ' truth 'sas as he es e.
ileysd IT to be, and for that should be convicted
.o eSn Ss ndssd deas e
holding places IN the revenue--paces OF respopsi-
st t.s sos psss q aangessOua Be- charged lsssy
ana as sm cneefed BY the consciousness mat dur
declare the law according to The best OF my judg-
ment after due deliberation without fear and with
Sa & e % ags % % a
You rendered IN this case has been rsn.
Of tho evidence 'I and d''tsA Inc facts @ present. .
Cd. Your duty gentlemen, pertains. TO the
the take the responsibility, but as the facts
Of the case you must take the responsibility. ! 40
" &C se du e ag f
not because have no opinion nor because OF any
liflcutes attending the question but because, un-
that all men should know that your verdict las
been rendered without any pressure wha'ever from
The Court or any intimation OF its opinion.
You .win, therefore, pass upon the facts
according 70 your own Judgment aud will
any expressions may use. You are not called upon
10 pass any Judgment on abstract questions with re-
gard 10 the revenue law or revenue frauds. It may
nue through the connivance OF oficials but you are
not called on to decide upon that question IL may
be true tnat oficlals may be prosecuted on false
charges made With the object design Of impairng
their usefulness and mperiing their Ieputaton Tut
tans 10 the particular charge against the prisoner
on the iacfs as they have been narrated 10 you by
the witnesses that were put ON the stand, and
To that aone The charges are perjury-an
extraordinary crime-a crime never to be considered
in 4 court OF justice IN other than most solemn
gress, which declares any person In any case mat.
ter or hearing who, on oath or Affirmation, shall,
every person so Offending snail be deemed guilty Of
perjury. The CRIME Is knowingly and willingly,
under the solemnity OF an OATH taken before a
proper oficer in proper proceeding, declaring that
to be true which the person knew TO be false The
law with regard to this crime presents y
your attention to. That H. whereas most crimes
can be proved under the law by one witness alone
TINS crime OF perjury cannot be proved by one wit
ness only, and for The simple reason that one oaih
should not be put against another Therefore the law
requires that not only the false statement shall he
corroborated by another witness by circumstances
corruborltive OF the evidence OF witness before
jury IL warranted 10 convict. One witness Is not
sufficient. there must be two witnesses cor
roboratve circumstances sufficient to satisfy the
mind OF Jury that the false statement
charges have been knowingly aud willingly
made. There are two charges OF this nature brought
against tho prisoner one Is IN the lrst count in
the indictment, which charges him with having COM
mItted In . certain aidsvt sworn TO by him before
Commissioners Gnttman. II is not disputed that the
prisoner at the bar IL the man IN question, or that
1t was taken IN proceeding which gave Commits
sio1er GuttInan jurisdiction therein; nor Is there
port aud object. This IL all proved and not denied.
The question, then, for you II question OF fact
was tnat afidavit true OR did tee prisoner know.
ingiy and willingly IN that atfidavit declare that 10
be true that be knew to be falsef The msteriaIity
OF the interview, as narrated In that anldavit,
she Interview alleged 20 have taken place be-
tween Harland ana Pike, cannJ be doubted; but