The New York herald., 1873-12-20
THE GENET TRIAL.
Summing Up OF Counsei-The Judges
Chargc-v eTdict OF Guilty by the
Jury-SeDtence Deferred Till Monday

Chargc-V erdict OF Guilty by the
Jury-Sentence Deferred Till Monday.
A crowd much larger than on any previous day,
since the beginning OF the trial Of Henry W. Genet,
filed, yesterday, tile 1urt room OF the Oyer and
Terminer and the vestibue and Railways leading
10 the court. The progress already made in the
case made it quite certain that yesterday would
conclude the trial, and OF course, there was in
creasing anxiety 70 ba in ct the death. Genet
wearing the same confident look was in attend
ance, ana his counsel with him, some time before
the arrival OF either Judge Daniels or the jury. hr
Peckham, the prosecuting counsel was also on
hand early. and Immediately on the opening OF the
Court, resumed his summing up from the day
previous.
SUMMING CP FOR TEE PROSECUTION.
In resuming Mr.. Peckham began by Erst calling
attention to the character OF the crime charged,
claiming that no positive speech or act was neces-
sary TO constitute toe crime. Demeanor, manner,
anything which went to convey a false belief, was
enough. man, for instance, without saying q
word, hands over his check for goods to be deliv.
cred, and ii turned. out he had no account in
the bank. There was case where a baker
gave for q ticket calling for certain weight an
nnderweght loaf. This was a false pretence The
presentation through q third party OF false
warehouse receipt had been held within the law.
In this case, when Mr.. Genet called on Mr.. David
large sum had been obtained for iron, and,
as, In fact, it had not been delivered, that
money should have been in their hands Besides,
there was the O'Donnell contract outstanding.
They had made provision for all the iron they would
need, and more. How came Mr. Genet, having no
ohcIa position except that Of counsel, to come Tor
Ills non He asked them to look at the bill. Sup
pose it had been headed in the name OF their FORE
man with an item for carriage and the name OF the
past four months. would any OF them put any other
construction on it than that the goods mad been
deliveredf 1t was plain that Genet dictated this
bill; he was TO receive the money he was q lawyer;
he knew that he could not obtain the money until
the goods were delivered except by the corrupt
action Of officers. But the defendant, when
pressed, said he would have interpreted this as a
bill for iron to be delivered. Well, In a solemn pro-
ceedng lie had made careful statement with the
aid OF counsel, that this bill made out .'as If the
goods had been dclivered.n He knew that as the
bill passed through the various ofIlces they
would understand from 1t that the goods had
start But it was only an 'irregusrityt' 1t was
enc cs taat class CT irregularities which had en-.
had nearly doubled to every man the cost OF the
house that sheltered him. 1t was neglect OF
fraudulent. II that was al the intent 10 spend
the money Tor the purpose, but freed from the
trammels Of law, that wes fraud. on that alone
they must convict They would notice that the
defendant said he handed 1t TO one OF the Com
missloners. He always spoke OF one OF the Com.
soners seemed to be the "Bossn 1t was not the
CSoinmissioners' duty to pay money-that was the
,I.o1mptro!ler's business-nor even 70 forward the
that he made out the pa,rolls and forwarded
them TO to the Comptroller. The Commissioners
were simply to forward the bill. 1t was Mr. Genet
who forwarded the bill, whether by his own hands
or those OF the Clerk or the Comnissiorors
E".cn he got the btl he meant 1t should 20 10 the
Comptroler's oifice, and Il did get there. II
through Mr. Corson's hands, why was not be pro-
ducedY Thence " went 10 the Mayor as Mr. Genet
knew it would. II MT. Hals action was in any
way Influenced by the belief that this was an hon
est bill that was enough, even II other elements
entered into II. All the stamps and certificates
were merely ancillary TO the bill. Mr. Han told
e them he would not have signed the warrant with
city. All the certncation was TO the truth OF the
bill. The bill WAS the foundation OF all the matter
Everything related to II, " was the main, con.
when he signed this bill,
Az TINS point the prosecution stopped, and the
a aneience came in They admitted an irregularity,
Tended 10 apply this money to the purpose for
,nn, amen ~ was drawn and therefore. the fraudu.
arty n'eri opdnsrg nng absent 1t was mere rreeu
eu tehaeu Wnat ne did. Here thev hc.d tho 80,
Grawn. e naaa; aa, .ne iaet that the mopnv ~es
nothing but but 'e tne c'y had not got the gods and
some time or other, lie can't ier -.cmcnt that
ana ~ without scrap Of paper NOV now or m wnen,
Mr. corso2 nar' nor Mr. ""e this warrant came IN not
Rndy PC nc ISs Once and hsp he
explans' Is handed him this warrant. The
good Ion was hardly sufficient. Well, the
,sn OF July Mr.. Genet got this warrant. He told
shem that he had been several times to see MIR.
Davidson. Tne goods could have been furnished IN
two or three davs; there was clerk to receive the
money, mail TO Saratoga, and telegraph, but