The New York herald., 1873-12-19

such connection. on the contrary, he was the irsi
10 stand foremost against the leader OF that ring
lie then proceeded to review the Indictment and
claimed that proof had been exhibited 20
S'Uw rectly 'a' or indirectly. with the the T Tni sad "a
: fraudulent He claimed that Mr. Genet
be OF know what the Commissioners would dc
ala He was not responsible Tor its progress
with IL rsent me a false bill on the Commission
Il youprs present u to The Commissioners
ers, and to the Mayor and he signs II, am
and it goes false pretencesy No; the agency Is
responsible ior. natter how many agencies may
roo remote. NO OF CONCEIVE how Mr.. Genet can
be employed cam with obtaining the Mayor's
be rghteously CHARGE when all he did was tc
present the bill 70 the O. N It. There his agency
IT was to collect the money. with obtaining the
terminated, We are chargso It the blll was not
against the city, 1t was against., must be false
House Commissioners. But the bsh ? The only
Where Is the evidence that 1t was sIs~ bill repre-
false representation charged Is that th~ ID TO the
sents the materials to nave been deliver over
Court House. There Is no dispute 10 uan
charging conspiracy to msrepresent the \ We
tity. There is no allegation OF combination n
tween Davidson and Genet TO defraud by neans
bill for goods never to be furnished. Fhe
whole point Is that this writing falsely repre-
sents tnat the materials had been delvere q.
The proof by Mr.. Genet and the peoples wilnes
lr. Davidson) was that the latter insisted there
should be a concurrent payment and delivery. The
with the Commissioners Tor iron beams, tendons
&c.n This does not IMPLY that the iron was deliy'
cred. On the margin OF the Dill Is 'lor APRIL May
and June" That does not necessarily imply actuai
delivery during these months Tne contract was
not made until June, and in hat respect was mac
curate; but, on the whole, the meaning that It
purported the goods were delivered Cam be ap-
piled. There Is nothing very wrong in II. after all
II Mr.. Davidson instead oil being terrified by the
outcry about frauds, had delivered the goods no
would blame Mr.. Genet for improper design,
ing the heu'G money M Mr. scaiion ' on one bin
inserted an item for $4,000 for iron to be
delivered. There was no singularlty about 1t to-
excite suspicion, ana nothing but Mr.. Davhlson's
retirement from the contest gave room Tor impu-
tation OF fraud. He mere cited cases in point. and
ar that tba arpne "a hn M do nnt -
false writing made, but no false pretence, as the
defendant made no allegation or representation
cislon of Justice Savage, OF the Supreme Court
that false writing IN The meaning OF the statute
signed by some person, and such Whiting must G0b be
1aise, not merely written paper purporting to be
of some force and efficacy.
Judge Daniels said he was inclined to think the
Indictment charged the other branch OF the
statute-false pretence.
Mr.. Beach went on to remark that the only false
pretence could be false writing. He put 1t to
the jury whether there Was any proof that Mayor
Hails signature was obtained to the warrant by
means OF that bill. II it was by virtue Of the
voucher attached to the bill, he submitted that
ney Gond moe nv MAJOR ior te charge was ha
presentation OF that bill. 1t would not, he argued
be enough to insist that the presentation OF the
bill TO the commissioners procured its presenta-
tion TO the Comptroller and County Auditor
and their signatures and annexed certificate,
The Mayors testimony was that he was induced to
sign the bill, which he did not recolect, only by
the Comptroller's signature. II. acting on preu-
dice and suspicion, the jury were to convict
the defendant would go to prison yicarous
sonally presented the bill and said 'Pay 1T. it'll
true bill,'' they could not conclude that he did it
the bill was drawn Tor the honest purpose OF rails
ing money to pay lor the goods, and II it be con-
the money was ready, it might be irregular; but
surely there was intent to cheat ana deraud
even though the bill represented the goods to nave
bap arpd i'm ten led fn ua
liver Them. Besides all this, the money drawn went
into the hands OF the proper receiver from the
hands of Mr. Genet. He was not bound to trace 1t
1urtner. We have heard something of Davidson
and his safes and his complication with the city
BILE gentleman, testlfes that he advised him
TO withdraw from all city contracts. Then
Davidson refused to fulfil his contract, and the de-
iendant handed the money-the Identical money
on the warrant-to the superintendent of the build
ing, who expended It in payment or the workmen
which the law and the defendant committed to
them, and said, though it was physically possible
dence, the day OF retrlbutlon would come. Every
wrong dong Is repaid in some form. He did not
mean TO say that IN the blasting severity OF that
judgment which fell upon the magnates OF the ring
there was undue action by the Jury or undue Sc
verify by the Court; but ii the jury found this de-
iendant guilty of fraud on such evi0ence-the
money being returned to the city and paid to city
laborers-they would do him and themselves
and society an objectionable injury. He
next combated the argument that would
os @one1 to was lss an er tnogt the
gested by alarm The first newspaper puDicatlons
about city frauds was July II, and the last July 26
1t would be most suicidal and ridiculous pro- |
ceeding il Mr.. Genet, wishing to up fraud,
drew the money on the 3lst July and kept it in his
son. He need not have drawn it, he might have at
once turned 1t over TO the Court House superin-
Commissioners; and, besides. there was not one
word about him or the Ninth District Court House
m 9 ae ee M to the e dc de-
commissioners. II he did not give equivalent
service let MIN be sued for 1t. But counsel knew OF
some little dinicutles OF that kind, without any
imputation OF crlmlnalty When he hears or a |
counsel charging $4,000 ior winding up the affairs
of a trust company or a savings bank lie received
him a counsellor stl, and only considered him |
as having better capacity Tor charging. In con. |
clusion Mr. Beach said ne asked for no mercy He
asked in the name of the law Tor the benefit or the
doubt which the law allows the accused and for the
exercise OF becoming humanity, remembering
that the defendant was before them as one hitherto
above reproach, reputable and honored citizen,
clothed with the noblest certificate OF honorable
citizenship which In this country can be conferred
on any one, approved by those VINO have known
him longest and best.
Mr.. Peckham commenced TO sum up at forty min
utes past four P. NJ. ior the prosecution He began
by reference to the last observation OF Mr. Beach,
that the defendant came before the Jury with q
character hitherto without reproach. or this
there was not one iota OF proof The law simply
presumed him innocent OF the charge until con-
vlcted, and gave him an opportunity OF proving his
good character Yet all the proof character gwen
was election to the Legislature With shame he put
Ii to them whether the fact OF being a member OF
the New York Legislature in late years, placed u
Sa Is 70
cept the unsupported assertion or the defendants
counsel AS TO the assertion in the opening Tor
the defence, that the District Attorney was sick
and the gentleman acting for him had recently
suffered domestic calamity, which might account
for the asperity shown, he appealed TO the jury
whether they ever travelled outside that single
indictment, and whether every latitude was not
given TO the defence, allowing the counsel to
examine instead o: confining the examination to
one. IL was SAID the defendant was opposed TO
Tweed during his tight with the Young Democracy
but on the settlement OF that dispute the Harlem
Court House bill passes Mr.. Tweed, Commissioner.
and Immediately after, without scruple he signs a
bill Tor $4,000 fees 10 the defendant as his plum,
though no equivalent service was rendered.
The shadows OF advancing night having obscured
the court room, rendering 1t difficult discrimi-
nate between the Judge and the crer OF the Court,
between the Jury and the crowd filing the vacant
space behind them and between the accused and
his accusers, and, there being no mixing OF Mr..
Peckham having rot beyond the BEGINNING OF his