The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-07
CHARTER OAK CONSPIRACY.

THE coUBr FAVORABLE TO THE DEPENDANT
THE CASE TO BE CONTINUED NEXT WEEK.
By TELEGRAPH TO THE HERALD.
HARTFORD Conn, Dec. s, 1873.
The proceedings in the Charter Oak Insurance
Company trial to-day of much interest. The
rulings of the Court largely in favor Of the de-
PENDANTS and an amendment Of the indictment Was
ordered under which the introduction of much i'm
the statute of limitations.
ON the meeting Of the court this morning Judge
Hovey announced. in remarks occupying over an
hour. his ruling the.question rs to whether the
alleged conspixncy Ia q simple misdemeanor or
a high msdencanor under Connecticut law. He
said that the Supreme Court OF Errors OF this
STATE had decided that high misdemcanor is
ono allied to and nearly equal in guilt
to felony. yet while many felonies are
specified in the statutes the Legislature has not up
to this time made any provision for tho punishment
OF the overt which the accused alleged have
COMMUNICATING in conspiracy. II such acts arc
not punishable the Court questioned whether q con-
spirary those acts be regarded high msde-
meanor. Whatever overt acts there may have been,
instead Of being criminal therefore, rather in the
nature Of private wrongs sustained by the insurance
company and its policy holders. and which must be
reiressed by civil suits The Legislature not speci
flying criminal it IL not for the Court to
anticipate legislation, and as the law does not
define what shall constitute high misde-
meanors il is not for the Judicial department
to extend tho construction to new matters with
out great care. In conclusion Judge Hovey said
that . ruling by him that the conspiracy only
Q simple nisdemeanor would result in preventing
the admission of much OF the evidence relied upon
by the prosecution he thought. upon the whole,
that il would be better to go with
the evidence. and leave it to the higher
tribunal 10 decide the nature Of the offence.
Counsel for the defence suggested that the question
might 80 to the supreme Court now. on agreement,
and thus the expense Of witnesses, &c, and Mr.
Dorsheimer followed in similar vein, suggesting
that the ruling by which evidence could DE intro
duced at the bes. pro fovm0. full indulgence
should be accorded the respondent. After recess
for consultation the prosecution declined entering
upon the proposed agreement 10 let the question go
to the Supreme Court before the evidence taken.
THR INDICTMENT AMESDED
The Court stated that amendments in the fourth
and fifth counts Of the Indictment necessary.
the company being wrongly named. and these
promptly objected 10 the further consideration Of
these counts in tho case. the ground
that the amendmsmts practically made them
being alleged have occurred three years ago
in November. 1875. the statute OF limitations barred
any prosecution under them. In reply. tho prosccu-
ton claimed that this point was enormously taken
for the that the amendments only made
immateria change that they alleged new offences.
and that could be made In the discretion the
Court. 49,. -....t .ys. -....t Z. ,4
The arguments were continued through the after
benent Of tho legal right 10 suggestion that the
amendments would work injury TO the respondents
COUNSEL rejoned that IL they were beneficial to tho
prosecution they necesssrly be injuyious the
respondents AVID interference with their rights.
Those rights they proposed TO insist upon. and cited
numeroae authorities TO prove that the made
In the indictment WAS Of fatal nature. decision
on the matter not given up TO the hour
OF adjournment 20 Monday next. Thus for in tho
trial tho defence has gained important advantages
and although they had hoped that Judge Hovey's
ruling this morning would them the expense Of
putting In their Witnesses they place strong reliance
on the favorable testimony they have ~ their com
mand. Included in this Is reported TO be evidence
that Furbor's famous investment in Broadway prop
erty chararterized a. the time ruinous has really
proven to Afford all the benefits 10 the present com
pany that he claimed for IL.