, 1873-02-08

Counsel WAS informed tint the jury in this caso
were strongly impressed by tho intiuations OF
tho Court TO the effect TINT there was no motive |
for false swearing on tho part Of Stewart and |
othor witnesses employed in tho Post Office, md
30 the jury folt bound to accept thoir testimony
without allowance, though thoy woro strongly |
inclined to tcko 1t rs coming from prejudicod
parties. Those clerks In tho Post Ofico wero
u OF above suspicion and, assuming them to DO
ca pablo Of perjury, thoro was no ]ack OF motive
One Of them MAS detective employed to ferret
out crime in tho Post Office. It would not DO
claimed that he had no motive, for 1t was to his
advantage to flnd TINT somebody was guilty.
Tho defence hal bcon refused tho privilege 1
OF proving that those clerks had boon
notified that they would bo discharged unless
authors Of tho many robbnriea Were diacoy-
erod md brought to justice, md 60 they united
in swearing It upon poor Cansnnn, making him .
scape cat for tho whole ,nass Of robborics TINT
had been pcrpotrated. Cot1t.aol had also tried to
prove garing discrepancies In tho testimony ct
feront occanons, but Was not allowed to DO 1t:
Theao discrepancies wnro especially important
IN tho cvidonco given by. Stewart and Blattnor:
Upon tho examination given before tho United
ssw Cannnn put tho letters in his bosom, md he
{Blattner) wont right down aud confronted him
whereas, In hts testimony before tho jury On tho
fra IN III hs Court 's.rs nnor 1aed s ,ata 1aat
before no went to him. There woro other ma-
torial and irnportant discrepancios which tho
District Attorney must recolloct, and he must bo
them Before tie Go.urausionor, stowurfP tes-
tffiod that ho eeizcd Canmnn by tho throat and
compelled him to spit the money from his
mouth; but on The trial in this Court, SteHars
told m entirely different story, ..lcny.n; :lat lo
took Canman by tho throat, end sayius .!lat he
had tho money in ono corner Of his mouth, With
his hand holding to Quo end OF the wal. It was
not until Into in tho nftornoon that any of thom
bad tho curiosity to open thnt sTad mud eco what
it contained. Ono Of tnem Was 30 we'll satisfied
hs to the contents, that he went of and got
wnrrant for Canman'a arrest boforo tho wad was
opened. It was d suspicious fact that
II ras lard tlins to e believe o that these Wit.
ncseos bad committed perjury, but 1t was just as
hard to beliose that n man Of Canmnn's roputa-
tion for honesty and intelligence had imperilled
hia liberty BY stoaling tho pa1try snm Of Sla
they wero tho accnsors, md could testify, while
ho was tho accuocd, aud his mouth Voc cloBcd.
It was an Unfortunate circumstance for tho
prisoner that 2 majority Of the Jury we1o men
mud faculties impaired by ago, 30 that they were
unable to note the bcaring OF the witnesses and
the munncr Of giving their testimony. The
counsel had actually act: seen enc Or tw9 Of the
ing the trial. When tho jury came to mako up their
verdict they woro greatly influenced by tic in-
struetions given by the Court. as some Of them
had eince admitted unintentsonnlly, no doubt.
HiB Honor Ind instructed tho iarv On questions
OF fact, or, ut least. lad preiudicod their minds
with reference to tic facts, So thoroughly was
the counsel convinced of Can1nan's Innocence,
that he had been moro troubled about this case
fhnn Lo had ever before boon in Lis lite. md ho
gns anro that. wlatayer might bo tho result Of
this trial. sometmes the unalicioua md dfclonioua
coaspiracy by which Canmane liberty was to bo
sworn n7ay In ordor to cover IN the crimes of
othors. wo1ld bo oxnoscd.
Mr.. Van Armnn gaid thnt his client dosired to
address tho Court, and asked whether His Honor
would listen to him now. or after counsel had
completed their arguments.
LIB UNI ''e nrmanKa REL n'e er n.o oAnmAa. 1sstAs'
The prisoner. Ieo Canmnn. then asked md
received perrniaeion to mako lis statemeut
wbch % ho i did yiroronslv % nnd IN ' well I choaen
words. Ho ocid fiat lilo man Dlsttncr and othorp
had consnired arainnt ]iun-ancn1ine nf him as
a id law. and a it rorson thereforo. lie
snnnoeej fnr vctmiznt;o1,s II was Dlattnor's
intorest to entrap son,ebody. bocaugo tholte In
Tho Post Oflico lad bceu froauont and somobody
had got to no. Ho ACCUSED Harry Stewart.
brother Of tho RECORDER, as being tho
real robbor; What had become Of
the the frontier, on IT, because @ 1'"i it % would T not M
suit to have the brother Of a candidate for q
high Office convicted Of 1nail robbery. Aa ro-
gnIded the Canada money found in lis possos-
sion, Canmau said that, when he was arrested,
the parties who made tic arrest took gono,
United Btatcs currency from linn. Aftor they
got to Stewards room j wad which le supposed
was his own, was returned to him, uo aid not
discover tho trick until it was too lato and then
he pas too confoundcd at such troaehcry to ox-
plain at tho time. When Colonel Eastman nnd
Elwell Waited him in Coolt County Jnll and
wanted him to confass, llo said ho had nothing
10 a con1eas, nc anu fetoa sho foregoing s5olE: ho
t1on.
ARGUMENT or Mn GLOVER.
District Attorney Glover raid TINT tho counsel
tor tho defence llud cited, OIL ono Of tho rensons
for granting new tral, tue fact t!,at tho Court
had Instructed tho jury tint tho possession OF
stolen properly was primu facio evidence OF
guilt. Tho District Attorney maintained TINT
this instruction WAS perfectly In accordance with
law and common holso; also that tho conr!