The New York herald., 1869-06-01
COURT OF ssHsaAL SESSIONS.


COURT or ssNsAkL SESSIONS
Close OF the May Term-Heavy Calendar
Disposed of-Important Opinion Of Judge
Bedford - Remarks Of District Attorney
Gnrvin.
Before Judge Bedford.
At the opening OF the court yesterday morning
his Honor Judge Bedford delivered the following
opinion
The Pe3pler u.s. George w. S,cepsoa, Robert r. S,cel)
son. E. Nve Hutchinson, Robert +. RONe ana
Thomas j. Suaner.-On the 14th day OF April, 1868,
the Grand Jury OF this county found On Indictment
against the above named parties for entering into
an alleged conspiracy this city about the
day OF January 1896. The facts. understand the
case, are simply these:-Mr Thomas d. Carter, O
resident OF North Carolina, employed Robert +.
Hoke, one OF the indicted parties, as his agent
and authorized him in that capacity TO visit
New York and negotiate for the sale OF GER
tain lands in North Carolina. 1t Is also
alleged that Hoke on arriving In New York had an
interview with George W. Swepson, Robert X.
swepson, E. Nye Hutchinson and Thomas J. Sum-
ner, In which Interview tney entered into q con-
spiracy to cheat and defraud Mr. Carter out Of the
real market value Of his lands in North Carolina.
Hoke. the agent OF Carter with the consent, Know
ledge and appreciation Of the other indicted parties
wrote letter while in New FORK to Mr.. Carter then
in North Carolina, in winch letter Mr.. Carter was
given to understand that his lands In North Carolina
could not be sold IN this city except AZ compare
tlvey nominal price, and that this letter was writ
ten with intent to deceive Mr. Carter regards the
real value OF his lands. Upon these facts the indict
ment Is drawn under the following section Of the
Revised Statutes:-"To cheat and defraud any per-
son Of any property by any means which If execu-
Obtaining @ money or properly by false eI
And may here say that tne only conspiraces pun
ia ne % e a. s
law conspiracies being ignored.l The defendants
sy to s ns ioJH%ns HTnaE ans snian
part Of the defendants relative to the
lent representation. Second, that 1t was clearly
case where, had the complainant used ordinary care
tion In the matter do not think these points,
together with others on defendants brief are well
taken, and am Of opinion tnat the Indictment
properly drawn. am also OF opinion that this case
involves peculiarly and particularly questions for &
mind as fQllows:-First, whether from the evidence
the defendants did conspire, as is alleged to cheat
and defrand Mr.. Carter out OF the real market
value OF his lands. second, whether Hoke wrote the
letter with the intent TO defraud &C., and whether
and appreciation OF the other indicted parties Third
whether the letter was written In furtherance Of a
common design on the part OF the defendants to
Mr.. Carter sell his lands below the real market
value. 1t Is for the jury TO find the affirmative or
stands the guilt or Innocence Of the parties indicted
The demurrer Is ovcrrued, without pron0uncing
Judgment upon the defendants, but giving them
trial.
Joseph H. Choate for the defendants; Joseph S.
REMARKS or DISTRICT ATTORNEY GARvIN.
District Attorney Garvin rose and said:-Your
Honor-Not having been much in court myself dur
have had some curiosity to examine and see how
well my asslstants-those who draw indictments as
well as those who try then-have performed their
duty and although intend generally to know what
Is going on in court every day. was not really
aware OF the vast amount OF business which has
been transacted during the present month. see
that there have been ninety presented to this
court in which there have been seventy convictions
and twenty acquttals. ] am also informed that the
Grand Jury have found one hundred and forty
eight indictments, passing upon over one handred
an enormous business TO be transacted by your
Honor and by the Grand Jury. II win also be OBJ
served and your Honor Will recollect that there
have been some very important trials during
the present term, In which the petty jury
nave not only discharged their duty wen and man
fully, but they have IN several instances convicted
In cases where the public interest seemed to demand
most thorough and exemplary punishment. Your
the case OF Armstrong who was convicted OF per-
sonal robbery, and the case OF 0'Connor, who was
tried as police ofncer. and against whom bench
warrant Is out for the purpose OF bringing him
In that be may receive the punishment due TO his
occurred during the J present monsh, 70 which have
had my attention called and which Is an interesting
thing In the history Of jurisprudence Ihe law that
oners to take the stand as witnesses, has gone into
effect for the first time this month. Your Honor
very well remembers when the law 1rst went into
erect allowing persons In civil cases TO testify,
what great doubts we had as 70 the proprieiy
ture has seen nt steadily 70 go on In regard TO
these old rules OF evidence both civil and criminal,
until IL has come down TO the position that In all
courts. civil an well as criminal where men were
brought In charged with crime well as those who
parties In action they could take the stand and
brought into court and testines before court and
Jury, that they are TO say, on seeing and hearing
him testify no matter how deep may be his interest In
the result whether, the whole they believe what
he says thus makipg IL matter OF pure credblity
~ be passed upon by the court and jury. Now, this
II great innovatlon and when read the first case
which transpred before his Honor, Judge Downing,
going to work. lie said to the prisoner. .'You can
swear" lie stood up and did swear, and the Judge
pronounced Judgment The next case came up be- |
fore your Honor, and this thing was put 10
the test. / am inclined TO think, although
IL may retard somewhat the administration
of Justice, It may, In some peculiar cases quicken It,
and enabe parties to go 70 trial because they know
exactly what has transpred themselves, where wit
nesses may not know or where they may not be able
10 get them into court: so that, on the whole, am
inclined 70 think that this law although new end un.
tried crminally IL going to work well In our courts
OF justice. am delighted TO see that not only the
police magistrates, but your Honor and all other
criminal Justice are disposed to give prisoners the
fun benefit OF this law. am pleased with the man
Der In which the business has gone on during the
present month by his Honor wh0 always discharges
his cuty Well, but by my assisantsA Messrs. Hutch
in9s, Tweed Blunt and vanderpoe, and Oil con-
pected with the Office.
After sew prisoners were discharged the court
ad 'Ourneu Tor the term.