The New York herald., 1872-10-30

Importance, not only to those who held high ONCE.
like that which the defendant held but also to those
they were in trust OF large sums OF money.
II was very important that this class
an error Of Judgment might be. SO long as we
were constituted as we are human nature would
mitted that might be disastrous to humanity. An
illustration OF this was found in the case OF Schuy-
ier ana the New Haven railroad frauds and al also
In the celebrated case in the mother country Eng
iand), where Watson, q director OF the Bank OF
England. was implicated In the fraudulent issue OF
Exchequer bonds. which was afterwards discoy.
cred to be mistaken confidence IN the probity OF
At the close OF this address the Court took re-
the PRosEoUrIoN's INSTRUCTION TO CHARGE.
Mr.. Peckham, after the recess, rising, sad:-
the prosecution % iSe Court to charge this
s Ss eS 4ssR aS 5 ss
WIZ shs fSss f.ssldsa! q sSs SsaIS
9 SsT 70 The SS and va
sys psons By section e ne
The then al ae n%S must hase
sonsl examination Of the amounts or claims presented
sssSos the anS
q e ss S
Of official duty and he must be convicted.
and acting on his hat he audited The claim
b c m nSt s te the Of
order thai they might be paid on such report and
wDasst wot Of SeHr a examination or Investigation would Dc
S.Thas q authorize conviction on the frs, three
o s y e Sc w0l neglect
s,l.ITLat d le defendant Intentionally neglected
e s%s il me- s0i IN"
to he H. II n Sm S
the act; mat ignorance Of the law Is not excuse
@ ss ss9 Ss
that they were ' just and honest Claims % and With belief
sush SO a b wees M & s ss
hs
office to constitute ndictabe offence at common
CONCURRENCE AND COURTESY ALL ROUND.
Mr.. Peckham, concluding, sad:-Now, Your
Honor, think have gone over al! the authorities
ment and and to the extent of my reading and expe-
rience, are necessary to sustain the prosecution on
the four counts Of the indictment relied upon for
| verdict in the case. l beg to say here that en-
tirey concur with Mr. Buckley counsel on the other
side, who addressed the Court from their view Of
the case, with regard to the effect this case and It's
| determination will have on the public mind and
the effect 1t will nave on the defendant himself.
Mr.. StOughtOn-DOes my learned brother say so
Mr.. Peckhanl-I do say so.
| Mr.. StOught0n-YOu have changed your views
! somewhat, then since your opening.
| Mr.. Peckham-I hope expressed great satisfac-
tion in my opening, so far as could possibly make
my view Of The case satisfactory to the gentlemen
| for the defence.
| Mr.. Stoughton-I appreciate the courteous con-
Quoting OF the case on the part OF the prosecution.
Mr.. Peckham-Then we are all agreed in being
| exceedingly courteous on both sides. (Laughter.)
| WILL however, call the attention of the Court to
| this phase OF the indictment-that 1t charges a
trivial Ofence as 1t were, charge Of official neglect
| OF certain duties. But at the same time the
statute attaches great Importance to the
proper fuflment or these duties 1t is in
| this case OF the highest Importance, in ar
rving at decision and construction OF the statute
all know and understand not only the requirements
| that are made BY the statute, but what official
duties and responsibilities are imposed upon those
accepting office. 1t Is important to know whether
4 men, without committing an offence, accept
/ Official duties and then take 1t on themselves to
neglect to perform those duties. This II, perhaps,
the only great, important point In this case. 1t Is
important because 1t necessarily involves the ques
ton whether the plbic are to be protected by the
| enforcement OF those duties on the part OF those
who contract to perform them, or whether the pub
they may elect to office for the faithful discharge OF
| those duties can delegate them to others wholly
| without responsibility to the public.
| Mr.. StOughtOn-I believe Mr. Tremain intends
| to sum up for the prosecution.
Mr.. PeCkham-Yes; don't think our duty would
| be discharged otherwise.
The Court then adjourned till this morning.