National Republican., 1877-10-01

which M y; I5aiyidn.i. carried @ !SIcnsh 4 x
presented refsrsnces were made % he heads Of Ss
~ II q AZ So GSS
| examination and settlement; and
YOUR PARTICULAR ATTENTION
must he called to this incident in the case. Under
what circumstance was that reference madcr Be
fore the reference was made, II remember the
missioner Of Customs, in which report This claim
had been held good against the Government 1t
port he ssn paineipies' RRSISh Y aS rS
nounced were at all correct II was re.
port which decided every question against
the proper order in which that claim should have
gone through was not to be referred TO the Auditor
that he might audit the account; and the First Au.
,iitor informs us that that was the only duty tho
law imposed upon him. supposing that Mr.. saw.
he entirely reconcile his Innocence In this transnc
ton when the reference that this claim had did not
CONFORM 70 what II should have had in the frst In
slancc. 1t Is most unfortunate Circumstance that
,he order was not mrie conformably TO what Is the
presumed custom Of the Department in the first In
stance The alterations that wore made have In
VOWED Mr.. Sawyer In humiliation aud diShonor
ever since i Is quite possible, however, that act
Catoms he might haze made % S these "l"rsions S @
noccnlly and In conformity with the practice of the
Department for tho purpose OF having the claim
frd It IN your hearts to give Mr. Sawyer the benefit
OF That construction Of his conduct from the high
honorable history which he has made for himself.
trust VIII be your pleasure to acqult him Of this
nncnSc and relieve him from this terrible accusa-
tion.
THERE is NOTHING OF SPECIAL IMPORTANCE
IN this case which think should attach to the dc.
isniant Barstow. It Is the duty OF the Court when
the facts presented In testimony do not amount to
case against the defendant to intcrpose for his
protection. and the that ha aCt
guilty.
l symrathIzc very much with the observations Of
the District Attorney with regard to this Young
man. You Will take the case so far as he Il con.
crrnc'l, and dispose OF this testimony upon nn I'M
partial consideration Of the facts, The consldera.
ttons which have expressed In regard to the last
Two defcndants can apply to none Of tho Others.
PAID against all law aud ail conscience. III II be
possible, upon the facts IN this case for the Jury 70
"wHrc Gre Of nI ner SS conJn nsr rre, were not y
they mistakenly took wrong view OF their rights
IN the matter, these defendants are not criminals
Jury think that they paSscl th. claim. pressed It
upon the Governmental claim that wa. utterly not
~ kreping rs have explained Z, you. with the
law. nnd rccklcssy and criminally procured It's
payment. 1t Is your duty To convict them. no mat.
ter what may be the consequences of your verdict
TIsAsAD SPECTACLE TO SEE
individuals who have occupied respectable posi.
ttons in society arrnigncd for crime. and when
there Is any doubt Of the criminal conduct of in.
diyiluhlS who have heretofore borne good char.
nCcr 1t is the duty of tho Jury to ncuut them aud
give them the bcncHt Of that character: but if the
circumstances Of the case point clearly aud con-
cln,ivcly beyond any reasonable doubt to their
giilt, every consideration Of duty and conscience
duty.
overlooked one point Of great Importance In
this case. think ought tn relieve YOU entirely
from the consideration or the second count aud tn
olnhnc Your deliberations to the first count. IfyOu
find the defendants guilty under Il first count or
my Of them, you viii name any aud each Or them;
ifyou acqnt amy ofthcm, you will also name them
in your verdict and yOu viii coniine the verdict If
Is uniayorable to any Of the defendants to the
first count. If you have n reasonable doubt a, TO
the guilt or innocence Of the dcfendants or any or
MI OF them your verdict will simply be ncquittnl
Gentlemen. will submit this case to You for
your consideration with the simple remark that
you mus review this testimony In all it, details,
tial trial
AZ the close Of the Judges charge the Jury retired
to their room. under the Jury bailln-s charge.
Judge Macarthur remained on the hcnch until
halfpAst four o'clock. Tho crowd, which hnd
filled the room waited . short while, bu, in los
than iilccn minutes nfter the jury had left the
room the conviction bccamc general that there
would he no verdict. aud the room was clear OF
spectators before the judge len tho bcnch
Soon afterward the Jury announced tb the haIlfr
that there WAS no probability VI M agreement and |
nt lg'n q: the disagreement tin continued they
were locked up for the Night II Is understood |
that shortly hcforc midnight they TO an agree.
men eit was then too late to obtain the attend.
early hour Sunday morning.
SUNDAY COURT.
The court opened at o'clock on Sunday and
there We're prcscut all the accused Sawyer IIaIncs
BhrStnw and Brooks.
The t'nItrl States was represented by General
Wells and son, and the defense by Colonel W. A.
Cook and General Jcffrcs.
Very soon the jury came In, ani, having been
pollcd, handed In their verdict.
THE CONVICTION.
They find the prisoners. SAWYER IIaines aud
ErnnkS, guilty Of conspiracy to obtain Payment oC
falSr claim against tho United States. as charged
in the first count of The Indictment They find
DARsTow NOT GUILTY.
The convicted persons seemed little affected and
twas commonly said In the bar that there would
bc q new trial
Mr., lhrstow was warmly congratulated. and let
for his homo. Mes>rs. Sawyer. lIaincS and Brooks
were carried to jail, and the court adjourned.
FOITNDRY CUIrRCU