Worcester daily spy., 1872-11-01
The Trial of Mayor Hall,
Judge Brady. Charge to the bury.


New YORK, Oct. 81.-Mr. Tremaine argued
for the prosecution in the Hall trial to-day. The
court room was crowded and the greatest inter.
est prevailed.
AT the conclusion of Mr. Tremaine's remarks,
Judge Brady charged the jury. He said that,
though the proceeding was against a person
holding high position, it should be disposed of
precisely as any other case, according to law and
evidence. II, said the judge on consideration of
all the evidence, you are not satisfied that there
was no audit, the case fails on the charge of ne
glect; II you are satisfied that there was in fact
no audit, then there is another question to be
considered: Was the omission intentional? This
is necessary, for the intention forms the essen
tial element in the case. The law declares that
the neglect must be intentional, not arising
from carelessness or misapprehension; and that
is TO be determined by the evidence. If, on con-
sideration of all the evidence, you come to the
conclusion that there was a willfull and nten-
tiOnal neglect, involving an active operation of
the mind, implying, 81 will not do it" you
must convict on the first change. With regard
to the second charge, wickedly abusing or cor
ruptly performing his office, two things are to
be established: guilty knowledge, and
certifying with such knowledge; and
this also is a question of fact for you
TO determine. We must start from the
consideration that the presumption is that he
acted justly until the contrary is proved. This
charge is not for mere ministerial act, but
uuocIGuOHdTy one 10 great extent. On Wnat
evidence does il rest2 The ialsity of the claims
and the testimony, chiefly of Garyey, consisting
of conversations with the accused which it is
said have bearing on the question. These
men are identified with the schemes of plunder
ald some of them partiCpators of it, and the
evidence of Il man participating in the profits
should be received with caution, and the Jury
must take into account all the surroundings
and the inherent nature of Garyey's
story and the position he occupies, and say
whether from all these they are justified in ar
irving at any conclusion. The courts have re-
garded conversations as q dangerous species
of evidence, even when proved by honest wit
nesses; nevertheless, they are to be considered
with other facts and circumstances. Proof to
establish the charge of corruption should not be
vague and indefinite. | leave to you to dispose
of, fearlessly and justly, the point whether you
have heard evidence enough to satisfy you of
the truth of the charge, bearing in mind that
defendant is liable only for his own bad deeds,
not those of others, unless they are
proved to be connected with his
If you entertain any rational doubt, the prisoner
is entitled to it. The grand element of the
criminal law is that guilt may be established by
circumstances as well as by direct evidence. If
you believe the accused knew the claims to be
false, and certified them, you must convict him
on the second charge. Approach the considera-
tion of these questions fearlessly If you believe
the accused guilty, say SO; if not, acquit him.
The jury retired at 4j p. NJ, and not having
agreed at 92O, the court was adjourned until
eleven tomorrow morning