New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-05-04

bar stands charged by tho people On subsance with tho
commission OF three distinct ofenses two OF the grade
platt q Joseph H. Tooker with having IN March 1902
with the colluson and assistance OF one william nung
dracncdy aud by false preteuces dcrauded ana ccto
him ont Of tlO second, upon the further complaint "
JoepL H. ISCker win concurrent nc Of 30
Dc therefore ndictabo cheat at eo'n,on he
within the meaning Of the statute l,aslins taking
and carrying away, By trick or devise the IrIigs the
cese Within tie statnte Of larceny. This case EARN
assumed phase which, n careIu,g he existcfco OF
suacenS pToba6e cause for holding ihe prisoner 10
await the action OF the Grand Su2 be charge of false
rrcisnccs sasca are in substance state
inent made by the prisoner snIrit ukenesses
P.ut IA ti,sr nerson could take such wonderful pic,
tures that the pictures Were nS,hSon Of picture with
faint outline aud further Insertion y thc PsVuo ~
tat or friend also sums previously paid on the
so1S Of Quay aud Mnmier that the pictures
afer nartlng with tho money that the photographs
we're ordinary pictures aud that all the forms
These facts. coupled with tho further statement
OF the complsinants that the prisoner was an
was reality only gross fraud, amply sustained the
complaint as for common law cheat. Ana tnen ,, De
with tho money not intentional, IN the absence OF
the production OF photograph OF sprEt 10y supeI IN
advance and retaining it without giving IN return inc
article paid for was larceny 9 the SsT dep S
tbe defense made no motion TO discharge the evil
dence, but evidence was at once auaucet lor t tho
remark pOstionalways last hope IN despeThI9
tue Charges maze on by these socaed spirit
Photographic but that they were not the result OF me
GnaI nhebe Now the law does not deal with the
supernatural recognize IL Is an eleIent IN itS
No Listened of things knowledge Of which cannot be
obtained through the physical senses the parry
the averment must prOyet This 10 the Ordinary common
law rule applied daily in where, IN defense
for actions for negligence the act OF God pleaded dhe
6GStS Si BY the act Of God something Which
operates without any aid or interference OF on
tie loss occasiOned by or is the result III any ugS ol
human aid or interference, the case HOes not l5 Nn
the exception The learned coHns s en WHARF The
net Of God pleaded tho party relying on tae paso a.
defense must prov, H. ~ aermaye defense And SO
in tho numerous reported cases where man IaDOlbB
under nSsr SonnS TO the Commission Of
CRIME any defense based on tho assertion tnat inose
FOR tbe reason that the law does not recognize the
possibility of any superior or spiritual INFLUENCES sum.
sTaaSIs srnnd Of defense is that the moral OF
the prisoner was SO paTayged at the time OF tho act Oy
the existence of morbid physical or nenia lhnuenees
which ne had no control that he could not be aware
Of the henous nature OF Ine aCL CO. hoo ., ,ba
Mr. Geray then eaboIatey re'4e"ou 'uo "ho'e VI 'u0
ori,icinS the testimony OF other witnesses
! Mr. Ceary continued Now what does all this proven
Why that the trick so clevery done that not even
photographers could discover how u was done That
yerv many persons OF ordinary intellect competent 10
conduct the every day business OF fe went to the ps
oner paid their money these sit
their departed friends, and therefore Daneved the ls
onsr There ba Is e certain ri ANY peye u
exists Man naturally supersttious and IN al ages OF
vantage OF credulity TO impose on their fellows
less sharp than themselves Our law recognises as its
basis the truths OF the Christian religion They const
ue the vital essence of legal system and thus tho
law repudiates any doctrine which disayows the validity
OF Divine revelation as contained in the Bible The The
ory OF spirtuasn only revival OF old heather Pante
ISM and stands opposed to the CHRISTIAN reHSOn dc
mics the authenticity OF tho Holy scripture which mas
long since been shown to be snscePuoe OF stct cga
proof 10y the application OF the ORDINARY rules OF itSl
and the efficacy Of he atonemen Tor It's stem does not
trine Of general resurrection and final Judgment And
by way Of heaven II asserts the existence OF 50 called
else Of his religious belief except when ne ansgres5cs
its express provisions. But the law does not recognize
PROVISIONS made for the safety Of the community.
Mr.. Geary then made an elaborate argument
the Bible proving spiritual manifestations lie eX-
planned the Witch OF Endor ease, and In reference TO
Balaams suggested that the perception OF spirits by
asses not confined to ancient times lie conceded
cronfsIe spIrt1ai appearances which Cod IN his wisdom
had vouchsafed man. and that the Bible preserv cd
sprt9al Manifestations He referred to denun
citation winch closes the Book OF Revelations against those
WHO should attempt add detrac from It's sacred
pages and earnestly trusted that none OF the modern
there predicted The error of spirtualism, he stated
SS22nni ed boSg Is nhe SO rat as is
cal powers are concerned and man. IN the exercise OF his
mental powers is entirely dependent his con
ditiOn. Take for instance with brain fever and
! his inability 10 control bis own thoughts Is
painfully apparent. Mr.. Geary then accounted
FOR the testimony OF Judge Edmonds and Paul Bemond
the theory OF hallucinations which affected Lord
Byron, Cowper and Goethe. He then showed the appl
cation OF the principal In the present lie asserted
that probable cause had been showed TO warrant the "
AZ INC cos6 OF the address tho Judge said. after
FIJI attention TO the case. he had come % the conclusion
that the prisoner should be discharged lie would state
that however he might believe that trick and deception
had been practced by the prisoner yet as he sat there
I'm his capacity OF magistrate he compelled 10 decide
that he should not be justified In sending tho defense 10
the Grand Jury, in his opinion the prosecution had
failed to prove the case