New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-10-31
MAYOR HALLS DEFENSE.
MIR. sToUGHToNs CLOSING ARGUMENT

A REVIEW OF THE EvIDENCE-HIs COUNSEL
CLAIMS THAT THERE Is NO PROOF THAI THAT
THE MAYOR PROFITED BY OR KNEW OF TIE
RING FRAUDS.
The closing argument for the defense was
made Yesterday in the trial OF Mayor Hal by MT
stoughton who consumed the entire day In an OK
haustlve address. short delay In the opening oi 'o
speech was caused by the appearance In Court OF Ja
Ingersoll and John I. Farnngton to give pan Oh suo
indictments found against them, report OF "hion VI"
be found elsewhere. Vim. NJ Tweed was also IN |oui'
for a moment but withdrew before the opening OIL 'ho
Hall trial Mr. TreIpan gave Mr.. stouShton melora
dunn Of various cases to which he intended 10 refer IN us
argument. after which Mr. stoughton adureSSeu 'u0
Jury substantially as follows:
MIR. sToUGHToN's ADDRESS.
GENTLEMEN OF THE JURY: 1 am extremely sofry
that the summing up In this case has deVoiVeu upon
me- Iregret It has not devolved upon some other
snd-I say IL without afectation-upon ADLER hands
feel however that, in dscharging this duty, shall
struggle 10 present 10 you only such views as honestly
entertain; and only such views on the facts as OeneVe
are warranted merely by the testimony tainted by
the character and relation OF at least one OF the WIZ
nesses but upon uncontradcted evidence Upon that
shall present this case far shall say anything
about it.
Now consider for n moment what this charge IT,
made against the chief magistrate OF great city-a
city in which have passed 50 years OF my le IN the
reputation OF which / feel as deep an interest
as the learned counsel who appear Tor the pros
ecution can feel; deep an interest 10 the
reputation Of its chief magistrate beyond
mere personal interest any other man can
feel For II he Is guilty Of the charges which have been
Numbered by the press and reiterated here he one OF
the wickedest OF the most forgetfu OF his dues
hi gh and they are, and sanched too by his
oath OF Office. What these chargesf why IN the
Spring of 1870, of combining with wretches to plumber
the city treasury by rand and continuance, acting with
tha EuOWlpdCe what they
and therefore asserting Of assisting them and en-
ablng to plumber the city, the interests OF winch
were eonhded to his charge, Of i've six millions Of dol
lars. When 1 heard it suggested by counsel for the
prosecution, that this trng O1ense, u struck
me with amazement. Whether he thought you would
be more willing to convict upon such Characterization
of 1t, don't know. Now gentlemen we all remember the
circumstances under which these frauds were made
public. for one, standing here before You as clzen
OF this metropolis as taxpayer within II, rejoice that
these frauds brought TO light and every one con-
cerned bringing these frauds to light has my graft
tude and, gentlemen OF the jury should not be here
If did MT enough OF this case and Of this defend
ant to be aware that he as utterly incapable of such
acts as You or l. But a storm Of public indignation
arose. naturally enough and the press discussed these
frauds without discriminating much as to the persons
who had been guilty say naturally enough they In
cluded-especaly the partisan press and Tor That ma
no fault-in their deruncaton the gentleman at the
the same political party to which those guilty Of fraud
belonged These denunciatons filed the air; they
stuffed the atmosphere they were part OF the
breath we breathed until finally this man.
sitting here at my side-who had been 1or
two terms chosen Chief Magistrate who for
- years had held the position to
whom the lives property and regulations of our citi-
zens had been conhded his dealing with that most
powerful oHice-untll this man. stainless heretofore.
came be looked upon by many sort OF moral leper
He walked in the valley Of the shadow OF death His
household dark his wife, his family a.e the bitter
bread OF tears.
But gentlemen when he you enter this Jury-box,
unchaenged he thanked God for that day. And If in
the discharge Of my dutygiyen to him. would give
it in the sacred unpOuted by fec or reward
had failed TO show you that my only wish has been
that every fact connected with these vile transactions
should be developed, have failed to show you the
working OF my heart and my most serious intention.
CHARACTER OF THE MAYORS ACCUsERs.
Well gentlemen, the trial before you opened; IL has
proceeded. II remember Alright, the learned counsel
on the side representing the people thought it TO
his duty make certain peremptory challenges. and
believe that such has in any trial OF
any short OF murder There has been presented
before you two selEcOnvcted feons men whose
hands were in this dark transaction, whose hands
cuched tine reward OF their crimes. They have
opened their mouths here against this man, and
YOU have heard what they have said. Con-
Tossing his crime, standing here, l know not
under what bargain and care not-Dut you
ing here in this Court tesying presents spectacle
such as is very easily seen IN court OF Justice ana IL
offender, who not only outraged tho law and al de-
cency IN ou,raging tilt would be strange. indeed II
that man. walks the streets unchallenged, fearless
Of punishment eOnfessing his crime should DC believed
when in the next breath he says, don't believe and
never believed that Mr. Hall knew was guilty per-
son."
that the testimony of man giving evidence as Garyey
did was entitled TO very little credit and continued:
stood before You under OATH and he told you that
he wanted the money and he was compelled TO do this
crime Yes, gentlemen so Is the thief who sees before
od pc t nj Afer tbis tesfimony aeeomponed by
the declaration of this person that Mr. Hal gutcss
even of knowledge-afer all this evidence was n what
nappenedi belieye-and Will satisfy before sit
that after All the testimony was in there was nothing to
be answered by us; that in manner had they incu
pated Mr.. Hall in any of these transactions even upon
the evidence OF this corrupt and bad man.
The Mayor OF the City OF NewYOrk came into Court,
Yesterday, and told the prosecuting officers aud the
Court that he was prepared TO submit his case and the
question OF his upon the testimony the
prosecution alone and under the charge OF tbs learned
Court alone because, gentlemen hardy need say 70
this prosecution and character to evidence which up
holds 1t, is IN some sort to degrade MS ONCE what
without the gloss or argument such as my distinguished
and able friend make There was not force enough
in testimony gentlemen TO carry out the purpose OF
this prosecution 1t to be supplemented by arg
ment upon It. SO 1 must appear and weary you for
to inquire whether you do not understand &C this stage
OF tins proceeding that my learned friends on
tho charge that Mr. Han cOgnzant OF these frauds
Mr. emain said yesterday that the crime OF the Mayor
consisted In failure TO meet with his associates when
there was anything to be done. asked him this ques
lion Suppose that resolution had been passed by the
Board OF Audit that they would consider claim at all
until presented before them in the form OF judgment
obtained against the city, and You know Il IS hna would
IL crime for them without other evidence to accept
that and certify TO the claim - At first, he answered,
mo" then asked: Would IL then have been crime
had certified and sent TO him their certeaton to have
certified that claim by hmsefP The learned counsel
aadf ~ Ava Avail In ia