The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-07-24
TIE JERSEY BANK ROBBERY.

First Speech OF Counsel for Defence
The Proceedings Interrupted by
the Illness OF Juror-The Case to
Go to the Jury To-Day.
Yesterday. the sixth day Of the trial OF f. s.
McWilliams and John Doyle for conspiracy TO rob
the First National Bank OF Jersey City, was taken
up with the speech OF Mr.. Williamson ON behalf Of
the defendants. He spoke from ten O'Clock
until after twelve, and had not concluded his
remarks when the proceedings were interrupted
by the illness Of Juror. Mr.. Williamson asked
what would you say il it sought to convict you
Of crime upon the testimony OF convicted fel0ns ?
DO unto others as you would be done by. Three
robbers have been brought from the State Prison
to testify against these men and by their testi.
mony to have them convicted. At first the prose-
cutting attorneys declared that they would convict
the defendants on testimony outside OF that given
by the burglars. And yet
THEY BRING THOSE ROBBERS
before you now and ask you to believe their story
against men who have been well known in this
community. McWilliams was never more than ten
bles with political nelghbors but he has come out
Of them all unscathed. and he now expects you to
restore him to the friendships OF his lie time 1t
is remarkable that the bank officers are not giving
aid TO the prosecution in this case. They are
the most aggrieved and most interested parties yet
they offer no assistance to the district attorney,
and don't press this matter. Why9 Because they
evidently have no belief that these men are guilty.
No; the prosecution is the work OF Mr.. Garretson,
who considers his reputation at stake and does ali
ne can 10 secure their conviction. And in spite
all the treasure and appliances which were ut his
disposal he has nothing after eight months but
THE SAME OLD STORY
that he told at the first trial. He has said that the
robbers had no motive in testifying. The motive
wnich instigated these burglars was hope OF hav-
ing their punishment abated One-half IN case the
accused should be ound guilty. Prior to the day
OF the discovery OF the burglary no word or act OF
either Of the defendants can be testified to con-
Meeting them with the plot to steal. except such
words or acts as are deposed to by the burglars.
No amount OF testimony given by one accomplice
can corroborate that Of any other accomphce. And
TESTIMONY OF MRS. BEBMER,
1t merely goes 10 show that Doyle was at the ferry
every night, which spot was his post. Counsel
the completely OF the accused with the robbers.
II McWilliams was in COLLISION with the robbers his
would have hastened home as he did on receipt Of
the telegram. His statement to McHorney is easily
explained. Doyle was his intimate friend, and
he was anxious that Doyle should share in the
credit OF the arrest. Captain Dixon and Sergeant
Robbins swear that McHorney told them how
Mcwilliams had approved Of mis- conduct. Mr.. VII
hanson proceeded to establish that Mrs Devereux
who followed Proctor from city to city and aided
and comforted him, was actually an accompice-
was pdrtfceps crEntn,s, and, therefore, that her
EVIDENCE WAS NOT VALID.
All the evidence given against Doyle Is no evil
lams is invalid in regard to Doyle. II Doyle told
McWiliams what Mrs. Devereux said OF him 1t
would be competent evidence against McWilliams !;
but Doyle never spoke to McWilliams about
what Mrs. Devereux had said OF him. The
alleged flight OF McWllliams cannot he considered
against him. He did not stay away like criminal
nor was 1t necessary to bring him back by armed
force. The ex-Chancellor was developing this pOr-
ton OF his argument when one OF the jurors, Mr.
Charles O'Brien, became SICK and the jurors were
dismissed for the day. New illiams stated to the
HERALD representative yesterday that he belongs
to political club and IN justice to him this should
be made known. The three members OF the Payo-
MIA Cub that are on the jury had therefore no unu
sual sympathy for the accused.