, 1874-12-04
Arguments Of Messrs. Dexter and
Searles for the Defendant.
Strong Personal Appeals in Behalf
Of Mr.. Gage.
Sidney Smith, for tho People, Handles
the Case Without
Glovcs.
Tho Case to BE Given to the o'sry
IO-Dny.
MORNING SESSION.

WA1wEoAs. Doc, 9,-Tho Criminal Court
ppcuol Mt o O'Clock this inofning. very few peo~
ple be,ng present. Tho attcodapco, lowovor, iu-
creased during tho session, quite d ns.tnber Of
ladce coming In to hcar tho speeches Of counsel.
Nothing additional wa learned by the 6tato'B
Attorney IN regard to the movements OF tho ill.,
d,vldua who was supposed to be onlcavorlng to
lutlrenre tho jury, uad, us intinatca In tho dis
patch last pieht, there was douhtlcsg no grouud'
whatever for tho r,,tnors, they hayluS originatod
III tho mind Of como osorsuspicious person.
Ill. DEXTER RESUMED Ills ARGUMENT.
Ho sald it would bo remembered that at tho
clo'o OF tho sesHion yesterday ho was TALKING
shout tho character OF tho fund. HIS position
was tLat tho law Of 1858 (uuder which aff. Gago
was iudlcted couton lated public f'1nd,--a
fund established by law,--ana tlat from Its
general scope its contcmporancoua history. tho
objects to be accomplished, 1t was very clenr to
bis mind that 1t was never intended to apply to
caso Of tlis kind that tho funds thorcin &C.
fcrred to, established by expross act Of luz,
wcro in tue nature OF appropriations
Tor Slate buildings or for an asylum.
Tho jcfontiunt had boon Indicted undor
That Inv, though thore WIS later aud uearcr
law ADAPTED to bis case. A decision was quoted
showing that public funds woro Bi!ch a. wcro
necessary to carry on tho Government, and the
question aslcd whether tho "Jonathan Burr
rund," tho "police fund.- j." tho wharang private
privileges" aud tho "suspeuso ACCOUNT" woro
neoessary 10 carry Oh tho Government. He
clainlcd that thcao seo-callcd fund.-" aud tho
interest paid by Mr.. Gage, wero not funds os-
tabishcd by law. and, therefore. tho de-
maid failed, sinco no nitro could DO DO
nlanded thai. 1t was his duty. TO ray over.
Authorities wero then quoted Oh tue cons'ruo-
lion Of statutes that stand together, bis view
being TINT sho defendant was entitled to
TEN DAYS AfIEh DEMAND IT,,
In which to par over. This, ho"oVer Was de-
Hicd him. Dcuiautt WIS 1nsco On tho Oil OF Jun
uaiy, and ho wns Indicted Oh the 9th, When tho
6tato's Attorney said that Gage had uacd tho
money for hs own purposes ho 'nato tho most
solemn declaration that Ao had not 30 usol it by
ootindfctin, him unter tin comboxzlemout stat,,to.
~. ,,-orun,,,,, l,1 .n,on+ N o,ts1, HI. ,l;,n,
luo paoso.uo" ~ eous 40 ,s.:as
upon " Pln-oooa 10" "a'c't WIS ''os ues'saea
for such caao and was not drafted H1sh refer
cnee to any such olllce. 1Io asserted that tho
ao,,aa m,hsov o,,d crosnc,,n,m narl,cnnted.
es"ss "o4.'vs aoa -.'''. - ..tss..s ..'
II IL Heu not ue1n, aeh'ou oll'y huo" "ao4o tno
indictments would have etoppod; the wholo City
Government would hayo boon ewo1,t.
INTENTION st1,sr ne TIE Gu1p1So erAn
l.. w -, A.. ,or,,,a. ~. ,,.;r,,7
- ap 'u,tl ~
TINT "reaiiy' tnefe-"as Dbl Si9.,Vo9 DUO tho
city,-the interest, etc.. being deducted from the
s5Os. 900; md TINT h1r. Gage hui nut In tho
1,onaa ~ tho r,tv h;s rrivato astnta ,vhioh ,.os
4aaa 1aa1 IT, H.. s.ouo ,,as;~a ~ ,.1aa.
t"'ee Eno toas' O.a .rsut r p4o'o uoe'o ~ p1on'
vented by objection the showing TINT money WIS
Jonucd Ey Gocc's predecessors, and that $685.
mn nm IN hmm IN 1osncd lin citv 1oan., tin
.as,uost ,.,,nr;ioa ,r.o reforrad ~ a,,,,
IL
port this Wow that, oven II tho loa,stng was not
sanctioned by tho city, tho reception
of tle interest amounted to su puproyal
- rs.,s1 ~, o1.in,y o,o,,.t 7rr 49,