The New York herald., 1871-12-28
COUNTERFEITING
Trial of J. ID. Miner, the Alleged
COunterfeiter.
Close of the Case-A Disagreement and
Final Verdict of Acquittal.

counterfeiter, was resumed IN the United States
Circuit Court before Judge Benedict. Tue investi-
CATION has now lasted twelve days, and has been
one of the most remarkable or Its kind ever held In
this country. II has created an amount OF interest
qulre unusual IN trials of this character; and why
this II so may be very well understood from the ma
ture or the evidence which we have published from
day TO day during the progress OF the proceedings.
Mr.. Perrepont, Mr. Purdy and Mr. DeKay APP
peared as counsel on behalf Of the government, aud
Mr.. william Fullerton Mr.. Benjamin X. Phelps AMI
Mr. Charles II. Kitche conducted the defence OF Mr..
siiuer.
The Court sat az early az ten O'clock and at that
hour the court room was even more crowded than
on the preceding day, when there was quite large
concourse OF spectators present
SUMMING UP FOR THE GOVERNMENT.
Mr.. Pierrcpont in q speech OF over three hours
duration, summed up the case on benalf OF the
government lie closely anayZed the evidence.
and presented it to the Jury In light the most Ia
vorable that could be given, according to his view
OF It's bearing He referred to the testimony OF
Elliott OF the witnesses called for the defence
who deposed that the night OF Miners arrest he
saw Van Houen ana Cole. with Miner. leave Miners
house; that the night not dark, and that right
opposite Miners house there we're two lamps light
ed On the other hand 1t was testified by the wit
nesses nat the detectives could not nave seen what
they purpored describe After adverting 10 other
points, and making comments as he went along,
counsel concluded by urging that he believed he had
made such case as would entitle the governments
To q verdict.
JUDGE BENEDICT's CHARGE TO THE JURY--wHAT HE
THINKS OF DETECTIVES
Judge Benedict then proceeded To deliver his
charge to the Jury. IL fair and impartial
address from the beginning TO the close. He told
the jury that this case was TO turn on question OF
iact and 1t was for the jury and not for the Court
to dc eide that question. lie did not propose to
share that sponsibillty. That responsibility was
upon the jury. His duJy would have been dis
charged when he should have explained TO them
tue real Issue iney had TO Try. AT the outset he
called pom them to dismiss from their minds any
pref udce that might have been created therein.
The deiendant's power or wealth was nothing here;
the government nothi ug here; the detectives
were nothing mere; the
TREASURY DEPARTMENT
nothing here. All these things were TO be dis.
missed from the minds OF the jury, and for the ] ury
and the ourt there was nothing lett but snnplo
questo OF fact TO be decided according to the
evidence. Criminal law dealt not with generaities,
but with spec ltc allegations nd proof OF fact, aud
10 inference Of quit was 10 be raised because the
defendant was bad or good man. The question
whether he was to be convicted depended upon
whether the charge made In the indictment had
been proved beyond reasonable DOUBT to be true.
The Judge then commented on the
TESTIMONY OF COLE
observing that he was a notorious criminal who
mad served out q term In the State Prison, ana he
confessed to the commission OF an offence which
would have again sent him 10 prison. He was called
az IA witness, and he stated that he WAS
PROMISED HIS LIBERTY
II he brought The defendant with those plates In his
possession into tue presence OF one or more OF tho
detectives OF the secret service. THIS ne promised
to do. Colonel Whitley became his bail In $4,000,
taking security from Cole for uoing so. The use or
suc1 maa for sucn purpose was not without
DANGER TO TUE ADMINISTRATIONS OF JUSTICE
and t would be unsafe TO convict on the testimony
Of such person unless that testimony was corroDo
ntad n thut tnati pf. In
he repeated that class their testimony was to be
scrutinlzed with caution. lie did not say mat de-
were always mistaken on the stand, but he did say
that from their occupatlon ana calling,
LIVING A LIFE or DECEIT
and continually engaged n manufacturing THIS
that and the other story, their statements on the
or men taken from tnc ordinary good classes or
society. Cole could only stand released and Iusti-
he had motive IN prov ny the facts that he alleged,
assuming them to exist. The real question the jury
talning the plates In evidence came from the hand
OF Miner or the naud Of Cole when It was thrown in
Foy and The non.producton OF the letter alleged by
Whitley to have been written by Miner ana which
the Judge concluded by stating that the question for
the jury was whether or not Miner, on the night In
question. had the plates IN his possession.
THE JURY IN CONsULTATION-A DISAGREEMENT.
II was near three O'Clock when the jury retired
to deliberate. At twenty minutes to i've they were
Mr.. srILwELI, the Deputy Clerk. asked tncm If
they had agreed upon verdict.
Mr.. SINCLAIR TOUSEY, foreman OF the Jury sald:-
Several OF the jurors then began to speak among
themselves In a low tone.
The FoREMAN--Does your Honor wan: TO ask the
jury any question:
The JUDGE-No; but understand one OF the
jurors wanted to have the senographers notes sent
to the jury. You cannot have those notes In your
room but II any juror desires to have any portion
OF the evidence read II VIII be read him In Court.
We Will take recess now until eleven O'Clock to-
night.
The jury again retired to their room and the
Judge lett the bench.
THE JURY CALLED INTO COURT AT MIDEIaHr--HEY
STILL DISAGREE AND ARE SENT BACK FOR FURTHER
Al iive minutes to twelve O'Clock last night Judge
Benedict TOOK his seat upon the BENCH and the jury
having come into Court Mr. S.ilweli asked them II
they mad agreed.
The FoREMAS--We have not.
The JuDGE-I received your communication from
the foreman tnat you were at present OF opinion
case has occupied such length OF time and
Is Of such nature that It Is quite
Your intelligence Is such deem it my duty to give
you further opportunity to consider the points or
you agree at any time, aud inform me. through the
onicer, snail be here TO receive your verdict.
one OF them getting leave from the Court to 20 out
IN company with an officer for a few moments, toa
drug store to obtain some medicine for the relief OF
VERDICT OF ''Nor GuILrY.-
At five minutes to one O'Clock this morning the
jury Tor the third time came into Court aud were
again asked BY the Clerk II they had agreed.
Tie FOREMAN-We nave, sir.
CLERK-HOw do you find the prisoner, guilty or
not gutyP
The F0REMAN-Not guilty. applause from the
spectators)
Tho Judge raped the bench with his hammer
and the applause subsided.
Mr.. PURDY. Assistant District Attorney-l move
that the jury he poiled.
Zach member Of the jury was then asked II that
was his verdict and ne replied in the afnrmarlve.
Mr.. Fullerton, Mr.. Phelps and Mr.. Kitchel, Mr..
Miners counsel. warmly congratulated nlm upon
the result as did also q large number OF personal
friends who were IN attendance anXiously awaiting
the verdict.
several or the Jurors were then discharged from
further attendance during the term, and me Court
was adjourned TIL Tuesday next
~ .-------------
THE CHICAGO TRUNK MYSTERY"
A Lady Dies In tho House Of n Female Css.