The New York herald., 1870-03-24

Brooklyn, was resumed. The court room was
crowded, as on the previous cay. Ali the evidence
In tue case was auOnllled on Tuesday, ana yester-
day, when the case was called on,
SUMMING UP FOR THE DEfEHcE-rHE PRESS AND THE
DISTRICT ATTORNEY ATTACKED
Mr. Grenvilie T. Jeaks proceeded to open the case
for the delence The opening part vi his was
devoted TO an attack upon the press which, nc as
serted, was tribunal erected In our midst to Try,
convict and punish man charged with
an offence before his trial IN court. lie
said that wnen 1t came TO TINS, that long
before a man was brought to trial for an alleged OF.
ience the newspapers were permitted to preJudge
MS case ana wnen the cnosen officer OF the law him.
self lthe District Attorney engaged In excitraa IN
advance OF the trial thus pubic prejudice una feel
ing then, indeed, we might trembe oar libcrties
Not only long prior to the nndIng o the Indictments
IN these cases, but down TO day OF the trial the
newspapers had been vocal win charges OF election
frauds and attempts on the parG the ae;endants 10
delay the Trial befolc jury OF heir fellow ci,lens.
MIR. jerks declared that there had not been tile
slightest word Of rnI1 In the charges taat they mad
endeavored to delay the trials. he reiterated that
before the finding oi these Indictments down to the
day OF the trial they nad had this oatcrv OF
THESE HOUNDS or THR PRESS
after them, and during the trial each newspaper
that you took up had some head or other evidently
designed to produce effect before tns tribunal
ami before tais Jury and to orew them that the
public expectation was that they should not allow
tnese guilty men TO escape. Well 1t might be lair.
II might be that those billions OF money aud thou
sands OF lives rcferring to the war; had been
wasted to secure an election, Dut we had better
waste billions moro Of money and hundreds OF
thousands Of lives II man charged with Q crime
has to be tred convicled and punished IN the news
papers beforehand. Mr.. jerks made alluslon to the
case VI ex-Juoge Fullerton ana put II to tue Jury
u It were NOT the impression in the COM
munLy tnat, because the trlal did not take
place when some penny-a-liner wan.ed 1t to-
the man was guhtys rnen We had another Incor-
ruptlOie puolic reIormer Collector Bailey the lead
ing spirit pressing the trial Of Judge Fullerton.
But when Judge Fullerton was tried aud the clouds
OF suspicion y hich envei0ped min tad cleared away
The truth came out, ike the wnite wing Of an angel.
IL was then that Bailey was u iugilive--w acre we
Know not. 80, us In tnat case, tnls must not be
about wDat ne knew NOT anu himself up as
judge, Jury ana execurioner about mater Of which
ne was completely Ignorant Mr. jerks then pro-
ceeded W review OF the evidence, ana, IN ioag
speech, claimed that he prosecution mad failed To
connect the defendants wlth fraud.
TRE DISTRICT ATTORNEYS REJoiSDER--rHE TABLES
TURNED.
District Attorney Norris summed up the case for
the people. ana IN the opening part u, mis- remarks
caliea attention to the iacs tnat Mr Jenks In has
opening OF the case on Tnesdoy, had called hlm "a
singular III view oi tue TACT that nc was always
elected to any office winch sought at the hands or
years ago the counsei dr. Jenksj had judicial usa
rations, ana he unoerstood thaiunnnn xfnael14e
sas N n. oes Re s aso asRs
was anxious Tor the Distrlct Ps olice and
a1rag ,n snnyass ,nss he M
had sad that he had made an enort shape
public opinion; that ne had had some slnis-
matters. Well, ne might have had any Thing ne
wanted but when he wanted an onice .theyn gave
It TO MIN, but not because they nked MIN. He nad
been DeQGcd TO let these cases drop. being
PROMISED ANYTHING HE WANTED;
It would not hove been to his interest to orng the
cases TO trial. But tue counse on she otler siae
could not seem to appreciate Tie !acl That sworn
public olilcer could discharge MS dutytnat District
Attorney must necessarily be partisan that n he ala
anything against his party there must be some se-
neard Of public 0iccr being blamed for not doing
hls duty, put 1t was sometning novel for puol!c
nMsr. iGT aong ms auty m reerence TO the news
this community who had Decn SO inucn abused by
the press-a poruon OF it-and so 1t would not
40 for counsel to talk aDons the papers. He knew
that caucuses hau been held ana that he had been
bounced and pursued as no District Attorney this
State ever had. "They" had
CARRIED HIN TO ALBAsY
and had gone TO New York to try to induce the press
there TO trad1ce him. Iney had ianed 10 very
great extent The erect had been the other way,
because the very moment THAT he dared TO bring one
OF these parties TO trai tne wnole party against
and all these cases. MIR. Morris then procecued To
deliver an able argument III behalf Of the people
"a
JUDGE oIlaERrs CHARGE TO THE JURY
M! Judge & Gilbert shen charged the Jury He said:
our only concern III THIS case Is to discharge the
duty dev0lved upon us by law. 1t Is my
dusy to lay down the rules OF law to you, and !.
Ii your duty to examine the case conscien-
uousiy and carefully, aud 70 arrive At sucn q
conclusion as your honest Judgment shall
teach you and the evidence warrants ana to an.
nounce that concusion whatever 1t mar be. This
u an indictment. may as well remark In The first
instance, against public officers. Now, public ON
n dasn Vflr,v
terial duues to be performed at night and under
circumstances OF turmoil, anu TO some extent OF
struciion OF tner conduct Taey are NOT to be
Judged partially. In all cases, civil or criminal
aud oeral CONSTRUCTION Especially are they not 60
be prejudged by anything that may have been said
IN the opening OF the District Attorney which mas
NOS Deen proved; anything which may have been
stated In the pubic newspapers, or any outside talk
or anything except waat has been tod nere by Wit
nesses from the stand. This IL the only way in
which the decision OF the is to be efYected The
indictment Is for iraudulently Eiscountng this
vote, and the precise allegation is that these can.
vassers, being charged with the sworn duty OF
counting these votes accurately and correctly,
counted more votes for Mr. cullen than he receveo,
posing candidate Of votes TO which he entitled
The burden OF proof rests IN the prosecution TO
ON on the part Of the defence ea there Os'HSs Is the
testimony OF the defendants themselves, VINO swear
positively that they counted each package OF Ten as
ten The policeman says he saw nothing wrong
except that the work was done slowly. me SUBJ
stance Of the testimony OF Hegemaa the other poll
clerk, was that nothing occurred during the whole
progress OF counting the Assembly vote but waaI
was right and square, but that at the commence
ment OF that he saw Harmon and Mayo count pack
ages OF hve IS ten. Other witnesses say that they
saw the counting and that they did not see any
thing wrong. In determining the credlbity which
should be gwen 70 the testimony the stua-
tion Of the parties should be taken into con-
stderanon. There was nothing directly against
any Of these witnesses. As Tor the defendants, the
law has recently made them competent, and the
jury win take their position into consideration They
are the only witnesses who can tell afirmatvely and
positively whether these votes were rightly
wrongly counted II their testimony is true ir
would appear that these votes wero properly
countcd. Inere was no actual counting OF the pack
ages, except ~ the canvassers themselves. Tn0
other Witnesses were bysgsnders, and II la for the
Jury TO say whether sney may or may not be mis-
taken IL 10 said that An unfavorable inference is
be drawn against these defendants tnat there Was
no actual count OF NJ. Ammermans vote.
BUT TINS In the opinion Of the Judge, was
one, for moving the whole number OF votes