Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-12-25

and pilid the gentlemans bin. Detectives
were Sc In motion and most active search
has betn kept up In quiet way ever since,
but without gaining the slightest clue 70 tne
gentleIaan's whereabouts. His brother ar
rived IN town last night and had an interview
with ii e detectives.
q Co., n Broadway, recently in trouble, has
disappeared from the view of his friends sin e
sunday. He had with him at the time OF MS
departure considerable amount of money
The suspension Of DOland q Burrell, glove
dealers, on Pearl street, was announced yes
terday. 1t was also announced that the mill
Iinery-,soods house of William Fl. Carpenter
had suspended. The amount involved Is be-
lieved TO be about three hundred thousand
Inc Governing committee of the stock ex-
chRuSe has decided TO close the exchange
from one o'clock to-day till Friday morning
next. A similar adjournment VIII take place
next week. Loan certificates outstanding are
S3,l00l.
A Key West dispatch says the steamer
Wyoming left for Aspinwal last night TO
bring I'd the former port the captured steamer
General Sherman.
Gold closed at iO9zS. Fisk & Hatch have re-
A sto-y is told to-day that Harry Gennet, the
ring fugitive, is on his way to Rio JauerlO on
board CT yacht prOvisioned and htted lor
long voyage. Ex-senator Moan IaylOr, OF
Jersey City, Is said to be also on board.
Trial of 4. Oakley Hall.
New YORK. December 24.-The counsel for
le defense in the trial OF Ex-Mayor Hall de-
clined lo-day to put in the evidence, and com
menced to sum up, saying they would ask the
court ID direct the Jury 10 acquiG the defend
ant. AT the conclusion of Mr. Stoughtons
argument for the defense, Mr.. Trema1ne com
course of his argument, called the al
tentiOn Of the jury TO the fact that
the defendant himself, when district
Judge Bogart for an act similar to that
for which ne is now on trial, and then argued
that the word "cOIruptly was mere sur
fNa srrfIf Ifrrfl
tentiOnally, and, whatever his good faith, II
he int nded TO do the forbidden act IL was
doing II wilfulIy. In that position the court
sustained him. Mr.. Tremaine spoke three
hours, and concluded by saying that, II the
.donse was a mere technical one, the jury
should see, and, il they md trust the the
penalty. He did not ask the jury
70 lind that any money went luto the deleh-
dant's pocket, and he reloiced , 70 say there mere
found II general verdict OF guilty, the ueleh-
dant could only be punished for defense,
or they could find him guilty on all or any
OF the counts Of vouchers. Judge Danlels
commenced the charge at half-past TOUR
o'clock. lie said the defendant was substan-
and, being lawyer and man OF culture and
ability, he should be held to the strict per-
fOrmarce of the duty imposed on nm
by Law. II a public officer Wlliuuy neg
Iects 10 perform the duty imposed upon him
by Law, he is guilty of a InlsueLneanoF. Inc
uty irlpOsed upon the board OF audit was OF
q
quired al 1nye5u gatlOu. Ihe4 hat no rlgut
TO delegate that duty to any one else. IL was
beyond doubt personal duty. required as
members Of The board. Did defendant decline
10 perform that duty3 Ii he did so designedly
aud purT Osely, he committed misdemeanof,
for It Is not necessary that there should be any
designs to defTaud it. It's enough II party
designs TO perform an act which creates crime.
An Inspection of many Of the bills present.
I'd would have reveated frauds OF gross
character, the Judge tnstancing one bill from
which was omitted the creditors name Ihe
public had right to expect an examination
VI all these bills. He instructed the Jury that
the defense made OF the duties being
too aIduOus would not stand as an
excuse; for no officer can undertake
duty, and wilfully neglect it. If the jury are
satisfied that the defendant committed the
Ofense, no matter how patnful 1t might be to
the defendants friends, 1t was their duty 70
pronounce him guilty, and unless they had
an abiding conviction OF mis- guilt, they must
lind him not guilty. He instructed the jury
70 cOnfne themselves TO the indictment,
charging the defendant with W1lfully ana IT
tentiUn ally emitting to perform the duties
prescribed by law.
Judge DsnieIs also instructed the jury that
there was no evidence OF conspiracy between
Hall and his associates, and nothing connect
ed him with the fraudulent bills. The jury
retired at six O'Clock. At eight O'Clock the
Jury returned, and were instructed in answer
to queries from the foreman, that the simple
act or neglect Of duty, II wtlful, would war
rant a verdict OF guilty, and that the jury
were II emselves the judges whether the act
was or w6s not wtlful. The Judge told them
hour OF so, they would be locked up for the
night. The Jury retired again.
At h8lf-past ten O'Clock the jury entered the
court rbOm, and, in answer to the usual IN
quiry or the judge, replied that they found a
serdict Of " not guilty at this announce
ment the audience broke into thunder OF
and, after a lapse Of about ten minutes, the
court was adjourned until Monday.