The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-11-01
Tho Tammany Ring Robberies.



NEW York, October 3l.-At the con-
clusiOn OF Tremain's argument Judge
Brady charged the jury. He said, though
the proceedings was against a person
holding high position 1t should be disposed
Of precisely as any other case. according
to law and the evidence. II, said the
Judge, from tho consideration of all the ev.
idence you are not satifed there was
no audit, the case falls on the charge
Of neglect. If you arc satisfied there
was, In lact, no audit, then there Is auoth
other question TO be considered: Was
the omission intentional? This Is neces-
sary for the intention Of the forms essen.
tial in the case. The law declares that
neglect must be intentional, not arising
from carelessness or misapprehension,
and that Is TO be determined by
the evidence. II, on consideration Of all
the evidence, you come 10 the conclusion
that there was q wilful and intentional
neglect involving on the actions and op
erHtions oi the mind implying " will not
do IT," you must convict on the first
charge. With regard to the second
charge Of wickedly abusing or corruptly
performing the duties OF his office, two
things are 10 be established: guilty know.
ledge and certifying with such knowledge,
and this also Is question for you TO Dc,
termine. We must start from the consid.
Grafton that the presumption is that he
acted justly until the contrary is proved.
This charge Is Tar more ministerial, but
discretionary TO great extent, on what
the evidence does not rest The falsity
OF the claims and the testimony chiefly
OF Garvey, consisting Of conversations
with the accused, which 1t Is said have q
bearing on the questions. These men are
identified with tho schemes Of plunder,
and some Of them parIicipators OF it, and
the evidence OF a man participating
in the profits should be received with
caution. The jury must take into account
all the surroundings and inherent nature
Of Garvey's story and the position he oc-
cupies, and say whether from all these
they are justified in arriving at any calcu.
latiUn. The Courts have regarded con.
versations as dangerous species oi evl.
dence, even when proved by honest wit.
nesses, nevertheless they are to be consid.
cred with other facts and circumstances.
The proof 10 establish the charge of cor.
ruption should not be vague and inded.
mite. IleSve to you to dispose iearlessly
and justly the point whether you have
heard evidence enough to satisfy you Of
the truth Of the charge, bearing In mind
that the detendent Is liable only lor
his own bad deeds, not those of Others
unless they arc proved &c. be connected
with his. II you entertain any rational
doubt the prisoner is entitled to 1t. The
grand end Of criminal law is that guilt
may be established by circumstance as
well as by direct evidence. II you be.
lieve the accused knew the claims to bc
false and certified 10 them, you must con.
vict him on tho second charge. Approach
these questions iearlessly. II you DO.
lieve the accused guilty say so, II not, &C.
quit him.
The Jury retired at 3:45 P. ". and an
unusually stormy session was held until s
o'clock, when they adjourned for lunch
Judge Brady came In at 9:20 and announc.
ed that the jury not having agreed the
court stood adjourned until II o'clock to.
morrow.