New-York tribune., 1874-03-12
CoLNcLpENT INDICTMENTS.
MINER MOI 10 81 TRIED TWICE FOR rnF SAN
OFFENSE.


INNER mol 10 81 Tried TWICE FOR InF SAM
oFFENsE.
In December, 1871, Joshua ID. Miner VA
tried in the United states Circuit Court before Juln
BENEDICT for having unlawfully in his possession ps
for printing counterfeit s. bills. EKJudge Pierre poi
was employed AS special counsel for the GOyerDmel
and ex,Juige Fullerton conducted the defense ID
main witness for the prosecution WAS Henry {. ooe'
notorious counterfeter who had, rs he stated. bed
pardoned that he might testify against Miner. who afH
a hOtly contested trial. which excited general attenta
was speedily found not guilty" There was anois
Indictment charging Miner with having unlavfuly
his possession a plate for printing counieHa
g. bills and Assistant United states District Atorng
Purdy proposed to try him upon at the last tern
the Court, when ex-Judge Fullerton put in . pea
a,rsfois acqn alleging that Miner could not be lesi9
tried upon the indictment question, because the pAr
specified in It was up part OF the indictment upOa
which he had been tried lsnd acquitted The qleaon
which excited great interest among the profess0n az
argued before Judge Benedict. who reserved b. d'o
sion until yesterday, when. giving ono m hVH
Maer, and approving the verdict Of acqutiaL be aa'
In tins case the defendant has interposei plea q
former jeopardy. He is Ia the present inniciDens
charged with the possession OF certain " coun. H..
plate with an unlawful intent and the plea afet' us,
he has been once tired ana acquired 9i ne d a b,i
possession stated this indie tnenL it n aftrrn ,a
The evidence which the District Attorney piopOs,S,
give tue trial vi the present Indictment n ~ ~. 80.
espect substantially the same a. mat gNeu ulph ~
trial OF the former indictment, aud that u may NE y
ferrd TO upon tuls issue. Inc esllence SHOWS NV -,
ence Of TWO cOuntsrfe plates win the po>'e-,',
one OF which the defendant was charged IN ~
former indictment and ss 20 th9 p's"ssce p',ence Il.
court see that the act or possession charged va"
fart single act ana that the trial OF tbe former os
necessarily Involved determination OF the act 0. Ps
session charged IN this Indictment. The two pa2s ~
shown 10 have been SO connected az the time tbAi ~
pos OF one necessarily involved the pussessone
fi, her here w "A
piece OF metal. OtnersIse connected lss
form Ia substance single article aud the cnsrse -
Of unlawful possession, II would seem tha. bAe =.
OF bQtS may be made the basis Of single cah
aud that sefhrlte TRIALS for each engraving sh0aa |"
be permitted. -
my mind "a IN tavor Of the defendants plea. Bot
the law be otherwise. | have no hesitation 10 adNIt
the District Attorney that ~ ~ not e1pedIeut asus
prrsent TO Jury the testimony Exhibited upOn the "
q very intelligent jury refused upon the evidence ~
duced to lind that the defendant had the possession
the plates as charged fhe conclusion OF that llH 10
with the approval Of the Court, and II cannot WIN E
prety be impugned. IT, therefore, as matter OF law :.
Defendants plea he not sustalnsbie, the sternssy
would be 10 advise the DisirctAttorney 70 enter
prOsequi the ease. ln either event, there ~O1H Ve
trial OF this ind etment.
Kitchei 4 Jellne, attorneys, and Charles p hscLe"
and Vim. Fullerton tof counsel for .the dsfense M
NJ ner says that while the indictment pendDE w
preferred 10 say nothing about the charges made ssA
hm, except 10 insist that they were utterly oS'
and without any foundation IN fact. because be rev
ndent that. withoutany counter allegations on hs
the Court would establish bis Innocence. Tnat Inv"
been done Mr. Miner has no hesitation in ssyias "
the prosecution to which he has been subjected
nothing but a " squeezing process" by which eei~
Government detectives hoped 10 eItort money w