The New York herald., 1871-12-09
JIM VIM G..
Close OF the Trial-Waiting for
the Verdict.
DISAGREEMENT OF THE JURY.
Nine Cor Conviction - Three
for Acauittal.
JIM STILL OUT ON BAIL

Yesterday the trial OF James Irvtog ex-Asscmbly.
man, for an alleged violent assault upon Deputy
Marshal D0wey, was resumed In tho United States
Circuit Court before Judge Benedict. The interest
which has been manifested IN the proceedings dur
Ing the last two days had not at all diminished. The
court room was crowded throughout the day. When
MI. Perrepont, on the part OF The government. rose
to sum up the evidence
ATTORNEY GENERAL. AxERMAN
entered and was accommodated with seat on the
bench alongside Judge Benedict. He remained dur
ing the entire OF Mr. Plerreponts able address. aud
also while Judge Benedict was charging the jury.
Mr.. Plsrrep0nt. Mr. Davis ana Mr. Purdy con-
Quoted the case on behalf OF the government and the
defendant was represented by Mr. Fullerton, Mr..
Charles DonOhue and Mr.. Charles 8. Speaoer.
TESTIMONY Foh THE pErENcE.
One or two witnesses were called and on behalf0 Of
the defendant, they gave testimony somewhat
similar to that reported in the HERALD Of yesterday.
They stated that they knew Irving we'll. that they
were present at the row opposite Geoghegans pub
lie house when The Deputy Marshal was assaulted
and that they did not SEQ Irving take any part what
ever in the affray.
SUMMING UP FOR THE DEFENDANT.
Mr. FULLERTON summed Up the evidence Tor the
prisoner. He SAID that, III discharging his duty to
the defendant. he was bound to ascertain what
kind Of testimony was given on the part OF the gov.
ernmeAt He attacked the evidence OF Bernhard
aud said tho jury were to ask themselves the ques-
ton whether ne had drank anything. Counsel had
to ask Bernhard Che question whether ho had taken
any drink the night In question, not for the pur
pose OF injurng or degrading him, but tu order TO
test the condition OF the intellect OF the man on
whose evidence the government sought to consign
the defendant to the State Prison. Counsel insisted
that there were great contradictions In the testl.
mony OF Bernhard, who 1rst stated that he did not
drink anything at all, but, upon being pressed, ad.
mited that he had called at four or i've places on
the night Of the occurrence and drank two or three
glasses OF lagerbeer though 1t was sworn BY OBren
that they drank at four or i've saloons. fR man
were to be deprived OF his liberty. ne would wish
such deprivation to be made upon the evidence OF
q witness whose breath was not mprcgnated with
the tunes OF lager beer. Would Uhey convict a dog
on such testmonys He was glad there was such
a thing trial by jury. II had been very properly
called the palladium Of Our liberty; ana IN this coun
try and In this age OF enlightenment he was very
willing TO submit questions OF iact to the determi
nation OF jurors; for there were no men, no matter
from what class they might he selected who would
not fairly decide questions Of TACT when they arose
for their consideration. The government sought to
commit Irving on the evidence or three men, who
were unacqualnted with him. Counsel argued that
the Jury should not dLscredt the testimony OF Hagan
who appeared as u witness for living, because he
was lrvtng's political ally. He admitted that he
was once guilty Of ntoxcatlon. and he tir. Fuller.
Court who had only been once inroxi.
Gated to step outside, he feared he woaid
V was true that nagon recevea si,5oS Year from
the Compiroller's ONCE for doing nothing. Tnat
the part OF the person who employed MIN, ana It
was also . an outrage on the ,sxpayers. Counsel
II was, single man who would stand up ana make
an apology for such a wrong as That. nagan was
thought 1t good thing TO get $1,000 year for
doing nothing. He did nots sstop to moralze
$3.50 year without earning it, aud the jury
should not hesitate 80 believe him because
ment when asked the question. lie seemed to pe
ashamed OF and confessed 1t at once and that fact
70 his M ice to the
they might dlsapproye of the act they must believe
the man. Mr. Fullerton went on to argue that the
testimony OF eight Witnesses produced for the de.
fence went completely to do away with that OF the
three marshals whose evidence was OF sucn a char
tce The evidence was that the man who struck
Dowley was tall powerful young man, with
correspond with Irving The Jury were TO forget
what Irving mad been heretofore, II he had been
They were to forget everything tnat had been I ssid
IN the progress OF the case to his detrneut. They
Wee to WI meat nun as 1 man and citizen whose
ir0that peril II, on The testimony, they believed
he had not committed this crime.
AT the close OF the learned cOun3Bl'S address tho
Court TOOK recess for fifteen minutes.
SUMMING UP OF MR. PIERREroNT FOR THR Gov
After the recess Mr.. PIERREPONr summed up the
case OIL the part OF the government In the first
place he called the attention OF The Court to the law
bearing upon the offence Of obstructing, htnderng
and assaultng deputy marshals armed with United
states process, and submitted that the question to
be decided In THIS trial was not whether Irving had
almost beaten Deputy Marshal Dowley TO death, but
whether he had obstructed, nindered Or assaulted
n n nnr IN prD Anfh "a snfu
also a question whether officers armed with the
authority OF the law were to be trampled down by
sci then proceeded to comment upon the evidence,
the main point OF his argument being that Irving,
hurried to his carriage and cleared out from the
scene OF the outrage as speedily as he could. Coun-
h@se as woUd nj rum from were Ga
would scon at the person who 50 Informed them.
witnesses Tor the defence, was unreliable, and that
this man had committed shameless act in taking
the public money, as he mad admitted ne had done.
and upon every honest man III the community. IL
was time that crimes OF this kind should be stopped,
The victory that nad been recently gained In this
city would be without Its legitimate effect II
ruflianism were TO triumph over law. But lust
God had saved them from time when, In all proba-
mhty, blood mighthave lowed in the streets and
tn property OF honest citizens been destroyed bnt
their government to live for In this case he had no
doubt the jury would do their duty as honest and
conscientious men: ,ru.
At ten minutes to three o'cock Judge BENEDICT
charged the jury In BRIEF clear and impartial
manner He directed attention to the law bearing
upon Instructions to malshals armed with the pro.
cess OF the United States. The punishment for such
an onence was two years imprisonment
and nne not exceeding $4,000. The de- :
fendant was presumed to DO innocent until
the contrary was proved, and In this case
simply question OF fact 10 be decided by twelve
men. There was no legal point In dispute, aud on
the present occasion lle would not depart from his
usual custom-he woulu express no opinion OF his
own one way or the other but leave the jury to he
judges OF the fact.
AT ten minutes past three O'Clock the jury retired
to consider their verdict In TWO hours after they
returned into Court
The CLERK-Genllemen OF the jury, have you
agreed upon verdicts
The FOREMAN-We have not.
IN 1Iynl hn not faatu A ~ ovvn