New-York tribune., 1874-10-30
THE COURTS.
RESPONSIBILITY OF BROKERS.
PROCEEDINGS AGAINST POLHEMUs 4 JACKSON

PROCEEDINGS AGAINST P0LHEMUS JACKSON
LETTER FROM PAYMAsTER HODGE.
At the resumption yesterday in the United
circuit Court of the trial of tho suit of the United
States against Polhemus & Jackson to recover about
100000 alleged have been used by them in stock specu
lations for exPaymaster Hodge, when they knew that
IL belonged to the Government, Gen. Pryor recalled
Mr. Jackson, one OF the defendants, and asked him IL
during the years which his firm had speculated fol
Hodge, he knew how paymasters' accounts with the
Government we're kept and settled. Mr. Treman OBJ
jected the ground Of immaterality and Gen. Pryor
said he wanted to show that the firm supposed thai
paymasters' accounts settled every two OF three
months, and that therefore 1t under the impress
sion that Hodges accounts settled and all
right. After some further discussion the Court ex
cuded the question for the reason that 1t would be
going far to allow it," The Examination de-
veloped nothing new and Mr. Tremain put In evidence
letter from Hodge to Pohemus Jackson The letter
is dated Washington Oct. l. 1884, and the following
are the important parts Off
Mr. John B. Murray Of New-York, whois I believe
an operator through your house. has for long time
entertained an inyeterate spite and hatred for me-
the following question "Is officer OF your depart
ment possessing your confidence and near your person.
Of correspondence conversations held by with
the Secretary OF the Treasury and In avalng himself OF
such knowledge specuations In stocks thereby spec
uating fact upon the necessities Of the Governmentf
'' fear that not knowing his relations TO me. you
may have n my m name ee and Paas n
form at whether he has any knowledge OF yonr
having acted my brokers, and whether you have od
him snytbins, and let him know from whom the in;
formation came. would like, also, II you would
letters relating to financial military news, and the
copies OF yours to Letters merely orders
perfect right to operate In stocks with my private
funds, and shall Of state that nave done 50 II
me- and my eterpress book and return you destroy
any you or think desirable
An examination of the papers showing the transac-
tions OF Polhemus & Jackson with Hodge was then
had and it corroborated what Mr. Jackson testified to
in that spec Wednesday At the close of the ex
animation of the papers Gen. Pryor said that he would
the for the Defense and Mr. Treman recalled
Mr. Hodge as rebuting witness. He testified that he
had told Mr.. Jackson anything about MS re, !,
sources except that he owned q house which he had
cleared 10 real estate transactions.
Q. Did you know that the defendants knew That tne
Say WSch yoa sney received as pay the
Gen. Pryor objected to lthe question on the ground
aaa pst tns bs obssep ae and Mr.
nounced tht he had no further evidence TO offer Gen
to the Jury on the judges charge. Mr. Treman re-
piled that he had been instructed to try the case thor
Oughly he could not assent TO the proposition. .
Judge Shpman stated that it would be better for both
counsel to sum up, and Gen. Pryor began his closing
argument. As the Judge incidentally remarked, the
only question in this case s did the defendants know
when they were specuating Tor Mr.. Hodge that they
ment confined to that question. and he contended
that the evidence adduced would warrant the jury in
answering It other way than the negative. At the
conclusion OF Gen. Pryors argument. the Court
adjourned till to-day.
PHYSICIANS TESTIFY IN REGARD TO HER MENTAL
CONDITION-sHE Is PRONOUNCED TO BE AN EPI-
LEPTIC.
The interest in the trial of Mrs. Sarah Mer-
rgan is undated If the crowds which daily throng the
nfv Of Nv nd Terminer affords
any evidence. For long before the doors opened
yesterday. eager Of people filled the hall and
pressed upon the doors. Five minutes after they were
opened every seat occupied. TIE prisoner, who Is
a very pleasant looking woman, sat most OF the time
with her head resting one hand occasionally look
ing up when the witness testified to something which
seemed to her specially. Chas H. Miller testi-
fed that the evening Of May TO- 1871 when he
police officer, he saw the defendant at the
Sixth Precinct Station. He said she was
sent-mnded-uncOnscious of what was taking
place around her TO great extent !;
could scarcely walk. and assisted In by the police
officer she a state OF supor and there dif
Guilty Of articulation Daniel Dougherty. father Of Mrs.
Merrgan testified that his daughter very delicate
and sick when she arrested and was sick for week
afterward The witness continued; She disappeared
before looked for two hours for her. and then
found her North Second and Frststs; IL about
o'clock in the morning; she said she didn't know
where she going; she didn't seem to know what she
was doing; she unconscious when got her home ;
she wouldn't pay any attention to what could say
knew her to have fts before this-after she
ried she often complained to me Of headache; my
wifes brother was confined in the Lunatic Asylum
Flatbush for nearly year; his name John Nc
Carron.
The Rev. John G.. Base testified that he was in the
habit Of visiting prisoners missionary had
the accused Raymondst. Jail on average Of
Ii.
demonstrated the fact that she
he did not know that he had met such absent
minded woman before DR.. Byrne of Cnton-st,
Brooklyn, gave testimony concerning the effect OF
child. birth the mind Of u mother. He said If
there was any hereditary taInt OF insanity
about mother, it was likely to develop
in woman when with child. DR.. Carlos +. Mcdonald
testified that he was until recently In charge Of the
Lunatic Asylum at Flatbush he had given great atten
ton to subject Of mental diseases insanity he knew
frequently resulted from epilepsy; most writer's, he
claimed agree that epeptcs not responsible during
their paroxysms and both before and after the attack
particularly after. not respOnslbe the recovery
from the stupor is frequently gradual while In that
condition the victim Of attack might about but In
weakened condition; the t described by the father
of the accused entirely consistent with epilepsy
The natural branch of the family seemed to be
rated with insanity. From whathe had heard his i'm
preston that the accused was an epileptc. On
being cross-examned Tue poctor said that epieptlc
tween. When he first visited Mrs. Merrigan at the Jail
he TO the conclusion that she was not insane he
did not think that the mind OF the accused was yet
permanently impaired.
DIR. Charles Of No. % South Oxford-st. Brooklyn.
swore that he had diseases 20 years
The witness gave testimony similar to Dr. McDonalds
in regard 10 the tendency OF epilepsy to produce
insanity. He said that where q crime had been
United without adequate motive by epieptc. he
should consider the act result Of the disease. EpepHc
mania was sudden, and often passed away suddenly.
Judging from the testimony he had heard he OF the
opinion that at the time Of the fire. the accused
suffering Of the 0bscurer forms OF epilepsy He
was led believe this for the additional that
she had strong tendency TO hereditary insanity. Being
crossexamined the Doctor said tnat ne had ex'