The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1875-07-16

accounts had been made, one by the
plnintitf and one by the defendant He
then proceeded to show that the defend
ants interest account was the true and
proper one; lie said that tho theory the
plaintiff had to adopt to prove its intc-
rest account WAS Islander and q libel on
human nature; that to Suppose that men
were universally actu.ted by their pecu-
mary interests was low and contemplate
Wow to take Of human nature; the plain
tiif's counsel allcge that all the legally
outstanding coupons were presented and
pnid because they were payable in gold,
while he said that the very fact that these
coupons were payable in gold, and be-
cause the holders Of them knew they
were certain t" he lnid when presented
they were held back by their owners;
they ltsSccurc, and this little paper slip
was to its owner as good as thirty gold
dollars; lie said that some of the coupons
the plaintiff had said were invalid were
valid, and that their classification, like
the classification of the blue and no-com-
mission bonds, was arbitrary and theo-
rcticnl; lie then read the Act validating
the blue commission bonds, and cxpa-
tlatou on the reasons set out in the pre-
ninblc of the Act; he said thnt when an
issue was made by the Comptroller Gen
General, i'll the Iorton-Bliss 7anntlumWs
case, the Supreme Court of the State had
decided that they were constitutional,
and valid obligation of the State; he
then read the duties of the Treasurer,
the checks the law puts upon him, &c.;
he said that men high in invor with the
Republlcan party, such rs Haync, Ran
sier and Kinney, had examined Parker's
books prior to and during 1872, and had
endorsed them, and reported to the
Legislature that they We're all right; that
everything corrcspondcd and was cor
rect; yet, tiiat three years later, this
charge Of corruption and nbstractinc
coupons IL made; he then read to the
jury FROM Stnrliie's Law Of Evidence On
clrcumstantial testimony; he said the
plaintiffs circumstantial testimony was
insufficient; the jury must hnve rs strong
circnmstantial testimony in this civil
case, where cmbczzlemcnt is charged, as
they would if it were n criminal prosecu-
ton for grand larceny; he defined cmbez-
element; as to the direct testimony, what
did it all amount to? their strongest wit
ness--their mere lad (Ladd)-who had
furnished the State the keystone in this
case, had testified that he knew nothing,
either of his own knowledge or from
anything Parker had told him, of Par
ker's having nbstracted any bonds or
coupons from the treasury; he then
| called attention to the uncertainty of
Lndd's account of the conversation of
May, 1873, in Pnrkcr's dining room; lie
said, take the whole of his testimony,
without the change of the dot Of an i or
the cross of n I, and the most direct
proof the State had produced WAS wholly
insufficient, because of it's vaguencss
and uncertainty; what settlement did
Ladd refer to? according to his testi-
mony, the settlement Mt which he got NIL
these S15O, 900 coupons from Kimpton
was in New York, while The plaintiff,
relying on this same testimony, have all
along supposed it to have been made in
Columbia; could they find " verdict on
any such proof MS that? Gould not Par
llcr, as an individual, have bought all
these coupons Ladd saw from other
dealers in stocks, &c? suppose, for ar
gumcnts sake, that ring had been
formed to buy up these coupons, is tkefe
ANYTHING morally wrong in that? suppose
Parker did not want it publicly known
that lie owned so much property, does
every one parade his financial affairs be-
fore the world? Parker did ask Ladd in
his letter not to mention that the cou-
nons he was to have funded belonged
to him, but this WAS because, MS he
snys in the letter. he has fought the
funding matter from the beginning, and
Mr. Cardozo, who claims the paternity Of
the whole FINDING scheme, wns not friend
ly towards him; and, besides, Owens was
not the only one who, rs agent, had cou-
pons! funded; Mr.. Zcaly, of the Bank
and Trust Company, had large amount
funded as agent. He then read from the
Arabian Nights the story in part imper-
fectly given by Col. Rion the previous
day, and said that the camel's right eye
was blind instead of the left, rs Col Rion
had quoted it. He. then. in the same
terms, characterized Ladd's testimony rs
the most ungrnteful Of acts, thanked the
jury and closed rs the clock struck P.
NJ. The Court called tho attention of
the jury to Col. Rion's remarks about in
flucnce That had been brought to bear on
two of them; said that they must
avoid the appearance of improper con-
duct; TINT the birds might fly over them
but they could prevent their building
nests in their hair; he again admonished
~ hat r., ~