The daily gazette., 1877-09-15
MRSTnEDITTON!lo.
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U. s. DlSTRIeTs COURT.

companion, Revis, attempted to pass
counterfeit money, and the objection of
the defendants counsel to the admission
OF this kind of evidence, the Court ruled
tnat the evidence was not sufficient,
elt9er on principle or authority to es.
taDhsn guilt, and therefore was not ad-
The District Attorney here rested his
case.
Mr.. Lore, defendants counsel. then
addressed the jury substantially as fol-
lows:
You have been empanelled, gentlemen.
to try person on a charge Of trying to
pass or utter counterfeit coin. Now.
what ID the oHense that must be proved
by the United StatesP They must pre- We
that the money he passed was counters
fsit. We shall rely on the fact that the
United States has not proved Its case.
They must prove it conclusively, or, in
tae language of the law, they must prove
1t beyond reasonable doubt that IN
7olves the liberty and life of fellow
man. The facts the United States have
proved are utterly inconsistent with
each other. Aside from the connection
with this man, Revis, it will stand on
the mere charge of passing money on
Edward j. Haughey.
In opening this case l expect to be
able to prove this: That Peter Mccall
q young man 81 years of age, has lived
here in this city all his life, known to
our people. We shall show that he and
his father were engaged in buying
calves, and that on the 28th of May,
Peter Mccall went out in his wagon to
buy calves of Mr.. Lebright. He die not
ma Lebright at home; coming back he
met man who took up with him and
rode with him 10 Mr.. Haughey's. At this
time Mccall did not know who this Re-
Wis was. While at the hotel they took
three drinks together. At that time he
did pay Haughey SIS. He did pay him two
! fifty cent pieces, but utterly denies
that they were counterfeit. If they were
he did not know it, That he had no
conversation with Haughey, and on this
point we expect to prove to you that
this mans, Haughey's reputation for
telling the truth is very bad.
We shall follow it up by showing that
Peter McCalPs character is beyond re-
proach and that his only fault is that he
/ sometimes drinks perhaps too deeply of
the intoxicating cup. 1t is no legal
crime. The law OF man looks upon it as
an intirmity, and the law of God as a
a crime. If we show this man, Haughey,
is unworthy OF credit, if we show that
Peter Mccall has been here for 80 years,
has character beyond reproach, shall
ask OF you that you let this man go free,
Mr.. Lore then proceeded with the ex-
animation of his witnesses. to prove the
facts recited in his opening remarks.
His testimony in regard to the unrelia
bility OF Haughey's character induced
the District Attorney to reopen the case
on the part of the Government, and, 10
produce testimony to prove that Haugh-
ey's character was unimpeachable.
AFTERNOON SESSION.
Court opened at p. M, Judge Brad
ford on the bench.
District Attorney Spruance opened the
case for the Government, and spoke as
follows: Gentlemen of the jury, l have
no doubt You are tired, and what l say
now l shall endeavor to say as briefly as
possible. 1t is no easy task to perform
but I endeavor to perform the duties OF
the Office with fidelity. We could have
no government we could have no so,
iciety were it not for the laws. You
gentlemen of the jury, for the time, are
officers of the law as much as l am. l dc
ask that you let no consideration Of pity
induce your Judgment TO mitigate this
mans offense.
Until very recently the crime Of coun.
feiting was, in England, a capital oBense
Now it is changed, though the penalties
have always been extremely severe. II
the first place | have got to prove an at
tempt to sell Edward J. Haughey, things
representing counterfeit half dollars.
claim that have proved that those tive
so cent pieces were counterfeit so cent
pieces. l have got to prove that the
passing Of those SO cent pieces vas moi
ignorantly done. 1t is not crime t
pass it lgnorantly- He must know it to b,
false. Enough for me TO say that mar
who perpetrates a fraud is either silen
or he does something to conceal what he
is about to do. We must look at his con-
duct at the time. If he passes as true
what he knows to be false, that is suf.
cient.
The principal witness the State brings
np is one Edward j. Haughey, because
Edward J. Haughey is the only witness
who proves the counterfeit money, and
the only one who teslifies he received
those two so cent coins, and the only one
who tested them. If he has told you the
truth you must convict Peter Mccall
If he told you lie you must aequit the
defendant. Who is this Edward J
Haughey ? He is man who all his life
has lived near Wilmington. He deals in
business in this city coming here every
week, selling what b , has to sell ano
buying the articles he has to buy. There
are hundred men in stones throw Of
this building who can prove Edward
J. Haughey's character. There is but one
witness who has spoken against the
character of Mr.. Haughey.
, After making a resume Of the evidence
adduced by the prosecution. and care
fully analy zing the same, to show that
it conclusively proved the defendant
, guilt, Mr.. Spruance proceeded as follows
This man Mccall had exhibited TO Haugh'
, ey some money under circumstances which
. caused him to think it was false. Ht
then told him he had coins. did mos
completely account for the absrnce of these
, coins. It was not my fault they were no
8 here. 1 am sorry they were thrown away
They were thrown away in the interest OF
/ and to save and protect Peter Nc Call.
do not mean to. say that Mr.. Haugney
, acted in more than a.kind manner. SO faI
ias the vile is concerned it was the mos
; natural thing she could do He tells hel
ali about it and she takes the false COIN
, and tosses them out of the window.
8 never saw them after that, nor DO
ever want to see them. Why Dldn'
; Won want to convict Peter Mccall ? NO