Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-11-01
THE CRIMINAL RECORD.
Trial of Oakley HaII-The Charge to
the Jury.

Trial of Oakley HaII-The Charge to
the Jury.
NEW YORK, Oct. 31.-At the conclusion
of Tremain's remarks, Judge Brady charged
the Jury. He said though the proceeding
were against person holding high posi-
ton, it should be disposed of precisely as
any other case according to the law and the
evidence. If, said the Judge, from con-
sideration of ali the evidence, you are not
satisfied that there was no audit, the case
fails on the charge of neglect. If you are
satisfied that there was in fact no audit,
then there is another question to be consid-
cred: was the omission intentional2 This
is necessary, for intention forms an essen
tial element in the case. The law de-
clares that neglect must be inten-
tional, not arising from carelessness or
misrepresentation, and that is to be deter
mined by the evidence. If on considera-
ton of all the evidence you come to the
conclusion that there was willful and inten-
tionaI neglect involving an active operation
of the mind implying 81 will not DO it," you
must convict on the first charge. With re-
gard to the second charge of wickedly abus-
ing or corruptly performing his office, two
things are to be established: Guilty kDowl-
edge, and certifying with such knowledge,
and this is slso a question of fact for you to
determine. We must start from the coz
sideration tina. the presumption is that he
acted Justly until the contrary is proved.
This charge is not for mere ministerial
act but a discretionary one to a
great extent. On what evidence
does it rest? The falsity of the
claims, and the testimony, chiefly of Gar
vey, consisting of conversations with the &C
cused, which it says have bearing on the
question. These men are identified with
the schemes Of plumber, and some OF them
participators in it, and the evidence OF a
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 Gargey's story and
| the position he occupies, and say whether
| from all these they are justified in arriving
ST any conclusion. The courts have re-
| garded conversations as q dangerous spe
| cies of evidence, even when proved by hon
est witnesses. Nevertheless, they are to be
| considered with other facts and circum-
stances. Proof to establish a charge OF
corruption should not be vague and in
definite. l leave you to dispose offearless-
! " and Justly the point whether you have
| heard evidence enough TO satisfy you OF
the truth ofthe charge, bearing in mind that
| the defendent is liable only for his OWL
! bad deeds, not those of others, unless they
are proved to be connected with him. Il
! YOU entertain any rational doubt, the pris
! oner is entitled to it, the grand element o
the criminal law is that guilt may be es'
tablished by circumstances as well as DJ
! direct evidence. If you believe the accused
knew the claims TO be false and certified K
them, YOU must commit him on thu
second charge. Approach the considera
ton of these questions fearlessly. If you
believe the accused guilty, say so; if not
! acquit.
The Jury retired at 3:45 p. N. and an IN
usually stormy session was held until
| O'Clock when they adjourned for lunch
| Judge Brady came in at 9:20 and announC
ed that tie jury not having agreed, the cour
stood adjourned until IL O'Clock tomorrow
The RObber Chief-Of Police.
The Jury in the case of Cli5f of Pole
McWiliams, of Jersey City, to-day failet
to agree and were discharged.
Inhumane institutions - Kicked Il
| Death.
Another inmate of Wards Island Asylum
| named Louis G. Samuels, died on Tuesda,
from alleged violenca at the hands of on
of the keepers named Mcdonnell. Tn
victim had been put in a cold bath an
brutally kicked in the stomach and else
where.
Escapes His Doom.
A Jacksonville, n. O., letter says fV
thousand people assembled there on th
10Th to witness the execution OF Martl
| Baylard for the murder of Silss Weston an
dis three children, but he escaped durlD
the previous night in bis wife's clothes.
FeIO-de-Se.
ST. LOUIS, Oct. 3I.-Samuel A. Gaylord
of the banking house OF q. Gaylord q 20
while carelessly handling derrlnger pistC
this morning, shot himself In the neck, II
flictiEg a severe but not mortal wound.
Hanged.
WASHINGTON, Oct. 31.-GeOrge v
jenkins, c.Ioitd, was hanged to-day in th
iail ward for the murder of his wife IN Ma
inst.
Fatal Fracas In mississippi
MEMPHIS, Tenn, %. 3l.-It is reporte
here that Steve Moore aud Lucius Morga
were killed on Tuesday at Aberdeen, Miss
by Capt. Bill Forrest, Henry Cozart al
another man. Reports conflicting as
the origin of the difficulty. Forrest e
capped; the'otheTs we're captured.
Lynch Law in Indiana
LOUISVILLE, Oct. 31.-An cid ma
named P. 2. Ewing, a schOolmaster {
Floyd county, Indiana, near New Alban,
fed the neighborhoOd Friday to avoid eein
lynched by the indignant parents OF It'll
girl he had taken foul liberties with and a
tempted to rape.