The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-09
THE BULLS AND BEARS.


Arguments I'm tho Case Before Justice
Ledwith, at Jefferson Market, Ycstcr-
day.
The arguments in the case OF William Heath.
charged with perjury by Stephen " White, a Wall
street broker, In having testified falsely In civil
suit before q referee In which he (White) was do
PENDANT was argued before Justice Ledwith, at the
Jefferson Market Police Court, yesterday Messrs.
J. ID. Townsend and NJ. W. Devne appearing for
the defence and Assistant District Attorney SuIli-
van for the prosecution. The facts OF the
case have already appeared In the HERALD
at different times as the examination progressea.
Mr.. Devine moved for dismissal of the case on the
ground that the evidence failed to establish any
case against the defendant. He further contendcd,
In the first place, that the only issue to which the
alleged false statements could have any reference
the issue presented by the answers Of White
and Woodward, TO the effect that on July 10. 1870.
Heath agreed to assume Youngs loss OF $4,000 and
his proportion OF the stock and that the alleged
statements were cOnfcssedly made on July 10 they
could have no bearing upon an agreement not
Claimed to have been made until the 18th.
After recapituatlng Mr.. Heaths testimony, he
commended that 1t was not contradicted In any
material point by the prosecuting witnesses; That.
on the contrary their evidence confirmed IL in tho
most remarkable manner upon all the material
issues, especially noting the fact that the witnesses
cnce to the Reading pool was that Heath was to
look TO each member OF the pool for his share OF tho
and, further, that the overwhelming preponderance
OF the testimony was that the only arrangement
made made or, on July 10 was that Heath Co were 70
the benefit OF tho pool not that they had
agreed to assume 1t or the loss on It. COun-
sci further commented on the discrepancy be-
tween the testimony OF Tasker Marvin and that Of
woodward and White in reference to the CONVEX
sation at Marvln's ofice and claimed that II Mr..
Marvin's statement were true, II was an absolute
contradiction OF White and woodward's testimony,
and the prosecution must fail also In the fact that
Woodward and White had paid Young sl2 500 for his
assistance and his testimony in the suit before the
referee and before Judge Ledwlth, and claimed that
to 60 In and buy the stock when no
which to operate. The threats OF Woodward and
White to leave Heath & Co. saddled with 81, 100
loss OF SlOO0OO had been incurred by the pool,
were also commented on with much earnestness,
Heath nv With estyng falsely upon the issues and
sought to make q case against him by selecting an
interview when no was alone with Woodward and
White, was also dwelt upon, and the liability OF any
man having business controversy with two or
more INSCRIPTIONS adversaries to have such
charge made against him was urged upon Judge
Assistant District Attorney Sullivan, in sum
press upon the mind Of Justice Ledwth that
the defence had taken most extraordinary
course, and he could not, after the =, arga
fence, believe in his own mind that the original
complaint should be revoked. Mr.. sullivan con.
July 1870, in which they charged he (Heath) testl
fed falsely az to the conversation held In Marvin
Co.'s Office that day, and that the
parties interested In the joint stock
OF Reading were heavily involved and
had to resort to means to carry
themselves through and save themselves from
bankruptcy; that White, woodward and Marvin
testified that Heath was In Marvin Co.'s 0tf1ce on
the 10th day OF July while the defendant testified
to the contrary; and he could not surmise how the
testimony Of one man should overthrow that OF
these respectable business men ; ono OF them Mar
VIM having no pecuniary interest In the matter.
either one way or the other. At the conclusion Of
Mr.. Sullivan's remarks, the summing up was post
poned until tomorrow afternoon, at half-past Jour
O'Clock when Mr.. Townsend will reply to the argu-
ments OF Mr.. Sullivan, and submit the case to
Justice Ledwith for decision.