, 1874-12-05

trcek down tho ,sa"feguanin surrounding tho
ordinary procoetilngs' and to resort to
s,}s sg}s3taoga 1a4 ~, whf0h worc deeraeofui un
place. And theao counsel, IT their ca'r1er hours,
would regret that they ind 40 acted es to bring
dttgraeo upon tho judiciary by anch nnHcan,lY
o1hhttl?nn' Tlioso romarks wcre not msde in
any sp!rt Of ,yindlctlveneae, but boceuao they
WeFo 5ustt becaNRo tho occasion do!nandoa
them; aud It was tino that they commence
nobetly, honestly, aud impartinlly to look tho
caae In tho fare. When flo Bhtd tl1fn chse,h llo
that waa hofofo tltem upon evidence wia,ol tilo
Court pronounced legal. Wero tho Jury preparna
to step Git OF tho Inc OF thoir duty. nntt icci|o
tho eaac, not upon the testimony, hut in conse-
ply because tho prosecution Ind insiated thAt
tho caao muBt p1ooee1, llte all other cases ,.pon
wollkuown and established p1luciplos? Surely
t9aey would not do IL.
= Il bad tson sa!a that tho people OF Cook
1EvEroIg6 THE DEFENDANT
into tho hazardous experiment Of attempting to
earu interest on tile oity funds, llad boon guilty
Of ~ !o'proprloty in agfa3n!ug him for tho loss
forts to obtain |nteSeat !; that tboy accepted tbs
fra1ttH while receiving the interest, and tl.en
turned around mud prosecuted Lin, for his "un-
fortunato fat,re " to return the fluids thuB
nazardoa ThGre Fss not particle 9t truth i
it had boon nald 1ua,,y times, It wan l,azartlous
and improper for any Government. municipal
Or State, TO attempt tho experiment. ;3 oS earning
it might not, and It was UNNECESSARY for him to
discuss queation OF ethics. 1t was Bufnciont
to guy TINT the defendant inaugnratea the sya-
tom IN Chicago. Flo {Gago) for first time IN
tho bssoy ao.9 Of she poK sa
proposed thai II the people wonlh oloct HIM, hs
would reward them by putting tho interests OH
tito funds Into tho City Treasury. Ito vas cicot-
cd on TINT issuo, md now, when nrtaignod for
experiment. his attorneys denounco tho System,
and tho prosecution for calling linn to accouns
because tho city nssentoa to It, Yet, if nlr. nnga
had placed tho funds in reasonably Rafe places
Of f d0poslt POI h9G Jury kasw what that tn eant
az 10 could easily have lonc, and
lad oarrsa Out ths arrangement 10 good faith;
and, II tho funds had boon unfortunately lost,
no one high or low. would have thought Of
charging hin with boing dela.sor.
NIL. nrED wA8 Abused
for disclosing tho Be0rela OF tito Grand jury,
when he had done nothing Of the Kind. Ito
{ReetD Ind spoken OF tho public scntimcnt in
Which prevailed thoro ns vol aB st Wauitegan,-
and notwithstanding, tho counsel ssllo CLOSED
tho argument (b1r. soarles} cited tic trial aeono
III tho " Merchant Of Fonico" as presenting u
CAHE. VII. lt0HA Il1hnH kAN KtHtAtha Iab
l!d knowing tint common aonso OF
juBtico would have t1racIudod the il0a Of an In
dictulent, ind IN that conclusion lso was entirely
correct tTLe remarks reforred to wore those
nbout failure to ndiot IT the funds 1iah n1i
beon doposltoa IN good banks} Mr.: Reed llasl
called nttontion to tho fact that tho dofonse had
brought Mr.. Graonebaum AZ q witness, and he,
ike atl tho others honl Chicago, had declared
J that hfr. Gago Was a gentleman Of tho highest
socal standing, hut tint even no (ta1eonebaum>,
IA n hn
wae no alternative, II civil government waa to
be continued, hnt to indict Mr. Gage for his DO
] faloatiou; and, as foreman Of the Grand jury.
despite hfs ac1uatntanco with him, aud hi"
IN tho dinohargo ot Ills duty, to present tte III.
| ensinout German banker-was callod up.
OH to-. prove MIR. Cages eharactor, aud
lock, sud called " sleek little jew" Did tic
jury suppose tia: It man in any other circum-
! atanceH tail tl.oRo Hheh characterized tho de-
fondant had boon arraisued for D similar crlme,
! he could havo gnHdad tho counsel Into such an
| unsaonl|y exhibition of tnemso[vaH.
! YNE 1SDlcTNEEr
very properly stated tho n'nonnt Of tbe defa!ca-
ton to bo the precise amount that Mr. Gage was
dofaulser; it was s507, ,703.dS, Which, az tech.
nical obligation, Ae was obliged 10 restore. Dn'
it Vas not necessary, in order to eHtablsh caEe
aghiust him. that tho dolascation should be aa
! large as tho sum named in tho Indictment, II
nlan sued him (Sn,it1l1 for III ,00o, and proved
| that he owed him but $500, would It bo fnlr to
drive him otit Of court, and compel him 10 loHe
| the $500?
| Tho nattor Of
was then advertetl to-. Mr. uass lad originated
| tho syatem OF paying interest upon deposits
going, into Office pledged to DO it and paying
| WAS by no MEATS tho nlnourt vi interest earucd
! III fact not over half. He put portion Of tue
citys money into banks, md took their bonds af
sesusity, aud had alt QUO 10 institutions which
@1a7 TOO. tho s1so, ,s29, md ts amount l,o turn.
cd oyar, aud ho was yot ~ ehort" S}l23, ,674. 10
THAT was a great deal of money, and It men. Off
eials Or otherwise, wera TO ba allowed to apj,so
reason. aud then be acquitted, ho wanted tt
kuaw 1t. 1t had been stated that. II tue peopit
| Of Chicago could vote, they would lot DIr. Gagt
80 free. Flo was not atrniguot III tho ns1no u
tho peoplo Of that city. but in tho na1no Of tht
prosecution wa called i barbarous7 p fol pro
su,niug to ask u jury to hold him responsible
It was said thaz III. Gago lost thu money
IN CONSEQUENCE OF A rASIc.
What Tns tho ovido.cof Did the case dopen!
Mr., Dona, a former Alderman, E uembor Of th'
Finnnoe Committee Of tho Common Council. unt
afterwards Actlug olaYor IN tho abaonco of Mr.
Modll, wRB upon tho stand, aud testified that
| EltGF kut pHHlG III kNo GNuHG'
| Committee, tho Comptroller. and tho Commits
aonera Of tho Board Of Public Works mat to
gctlor for tho purpose OF looking into tho tlnan
cnt condition ct tic eity, With q view Of dotor
.niuiu: whotllor pubIio improvements shorlld G
| on Or stop. Aud A1r. Bond eafd that ntr. Gag
was summoned bof0ie them auu cano with
list Of banks in which tho clty's fnn1s nero dc
posted. blr. Sherwood, another member Of th
Conlnitteo. took down the list aud tlo ansount
which Mr.. Gage Bnid he had III tAos
banks. Flo GSherWood) had been inyestigatln
tho condition Of tho Treasury, and, aMon
otl,er thugs, 10 ascartained what tho Trcasur,
wan supposed TO contaiu, not at tho tiino THU
list waH submitted, but On tho 1st Of September
eightean or twenty day8 prior to tho ncetln,
referred to; md hiB memorandum phowod tha
tho purportch amount wan 81. .4i4 .999.5I. Ta!i
ing tho Vouchers which Mr.. Gage had III hi
papor AZ paia, hotwocn the Int Of septemIbe
und TINT time, aud adding the amount on deposi
to 1t, the result wns tho exact nmollnt oil I'll
Suorwondh rnenorandum, nAd everything UP
poured oil right Int what did Gngo Aay abols
IL Tho Legislature Of the State, II year ago
gaw lit to o,lqratt tho Nov York lar upon on
statun BOOTS, aud IL went into cflca. in July last
! Under It man wNs permitted to
TESTIFY ~ Ills OWN BEHALF
in criminal case, tho Jury taking his teEti
ulony for Nllat It was wDrtll. Ilo tHhlita} iii
de,taok to 6ny that 1t wua nIoBt or'lnl law