National Republican. (Washington City (D.C.)) 1872-1888, 1875-12-23
The BOGUS BoNDsMAN.
Opening Speech Of Judge wilsoA-Arguusnt
ofw.A. Cook for the Dsfsnse-case Goes to

Opening Speech Of Judge wilsoA-Argumsnt
ofW.A A. Cook for the Dsfsnse-case Goes to
the Jury To-day.
At the opening Of the Criminal Court yesterday
morning Judge Jeremiah s. Wilson, who is asso-
ciated with District Attorney Wells in the prose-
eution of John Green for false Acknowledge mt Of
bail, in personating MIR. David Edes, OF George.
town, in the Snyder-release case, addressed the
Jury on behalf of the Government. His argument
was marked for its force Of reason and clearness
of expression. He spoke of the gravity OF the Of
Tense with which the prisoner was charged He
tnep reviewed the case, and trace the evidence
from Nhe time Of the robbery OF Perry's store, on
Pennsylvania avenue, by Snyder, to the time the
Court. SSsebodT had falsely personated David
Edes. TheseYere facts undenied by the defense.
The only question for the jury to determine is
whether Green Rss the man.
He then summed up the evidence OF the wit
nesses on both sides, and said they must throw
out Of their minds all that was bad and weigh
carefully all that was good. In considering the
evidence most weight should be given to the
statements of persons who haSa had the best op-
pnrtunity for observing the facts. The Testimony
OF Barton, whose business It was to watch about
the Police Court, and who identified Green as the
man who went Snyder's security on the bail bond,
was the most convincing 10 the whole case. In
addition TO this there was the positive testimony
OF Eddie Slater and Samuel b. Rendig, Henry
the defense had only produced the testimony of
Walter ID. Plowden, who admitted upon cross
examination that he had never seen Green but
The testimony of Henry d. Oler, who only had
passing three-Quarter glance at the man as he
passed his ottce door, and the CONNECTING testl-
mony Of Clement Brooks and RoZier Bender one
of whom stated that the man he saw In Evans
office was a heavy, brown-sktnned man, and the
other atnrming that he was spare man.
Judge Wilson said at this point in the taking
of the testimony the defense had become desper-
ate, and had to resort to that rogues' Defense an
dibi, because it was the easiest to establish, and
when fairly proven was the most conclusive Of all
proof. The Jury must receive the testimony Of
the defense in regard to the abb with the great
est caution. The testimony on this point was 50
weak that they, as q last resort, had sought that
refuge which every man can seek when all other
means Of defense fail, namely, that Of good char
acter: but the character OF the witnesses brought
to prove this were not above suspicion. Ole had
admitted that he was raised up in a house OF ILL.,
fame, and another was a restaurant Keeper In a
disreputable portion OF Baltimore. To reout this
the Government had produced the testimony of
Baltimore detectives-whose opportunities for
reputation OF the accused in the locality in which
he resides, for honor and integrity, was bad.
Mr.. Wilson closed by claiming that the Govern
menJ had made out their case beyond q shadow OF
q doubt, and claimed q verdict Of guilty. His
speech occupied about an hour and thirty min
utes At the conclusion Of his remarks Colonel
Cook submitted prayers tor tue usual instructions
to the Jury, and also several legal propositions
apart from the ordinary ones, which may be sub
mitted in a criminal case, the latter Of which he
stated be would not press at this time, but might
have occasion to refer TO hereafter. These were
in reference TO the questions which he purposes to
raise as to the legality Of tie appointment of
Judge Mills and of the records Of the Police
Court, and also of the taking of bail in the alb.
sence Of the judge when the court is not 10 sss-
sion.
when the court reopened after recess, Mr..
Cook commenced his argument on behalf of the
defendant. He had Hoped that this case might
have been submitted 10 the jury without discus
sion, but the United States preferred TO have
IL otherwise. He thanked the Jury for their
patience and said the single question Of import
ance for them to determine was the fact as to
whether the defendant is the mao who pers0nated
Edes on Snyder's bail bond. Opinions were not
to enter into the case. The presumption of inno-
cence must follow the accused throughout the en-
tire consideration Of the evidence. 1t is not tor
the prisoner to establish his innocence, but the
Government to prove his guilt. The testimony
of the witnesses who testified that Green was at
home sick on the Goth Of August was as much to
be relied upon as that presented by the witnesses
on behalf of the Government, and unless the
jury were satisfied beyond q reasonable doubt
Edes they must give him the full benefit Of that
doubt and acquit him. The slightest wavering in
their mind was sufficient doubt.
Mr.. Cook then continued his review Of the tes-
timo1y tearing upon the question of identity, and
dwelt at considerable length upon the evidence
Of Barton TO show that he had either been mis-
taken or was deceptive. He reviewed the tesIi-
mony Of other witnesses bearing upon this point,
and was preparing to take up another thread In
lourned to meet again this morning, Mr.. Cook
having spoken about two hours and thirty
minutes.
After Mr.. Cook finishes this morning, District
Attorney Wells will close. The case will propa-
bly, 20 to the jury by noon.