Year: 1871

verdict. coming from such jury, he considered
compliment to the defendant. The startling PROPOSE
hon in the case was the conviction OF man OF
perjury the testimony of one witness. After
esony Se nrsea Sa1 he e Court Of Appeals re-
Himself 9e on S his man own es
mony, much less convict another OF tnls
crime on his unsupported evidence. One Of the
cardinal theories Of the plaintiff was that Dominl-
cardinal theory was entirely overthrown by the ey
dence. Ii based on the allegation that Captain
neeasd cUuu nez pees ns
was disproven by two Witnesses MILAN said that
Captain Graham always spoke TO MIN IN Englssh
and pretended that he did not understand Spanish
aud that the object was to draw him into his plans
He referred to the inquiries made by Captain Graham
their negotiations s' and ana the report from Peru
that he was a noted gambler and an unsafe
oS.ansS eS deal wa q and s or damages
20 hs character, stigma having been cast upon Sn
e Ds Of @s ns fs verdict Sooa
circuitous verdict for slander which would nold IN
no court. He read letter from the Plainun to Do
minq uez and insisted that 1t showed the latter 70
have been the agent OF the plaintf and not Of the
defendant One OF the most inhuman features Of the
trial attempt TO backen the character OF the
late James b. Taylor. Alter referring TO the con-
tract made with Mr.. Taylor. which paper could not
be obtained at the time or the trial, on account OF
the confusion OF Mr. Taylor,s papers growing out
OF the litigation regarding his win, but could be
and showing the s,o Of
the basis upen which the motion was brought,
laid down in the code and also cited authorities
giving, as he claimed an innate power to the Court
10 grant the application which he now made. HIS
argument which was continued at great length.
embodied the three pOints-nrst that the argument
OF the counsel at the trial was peryersion OF the
facts in the case secondly, that the jury paid no
kind Of respect to the charge OF the Court upon the
most important points; and thirdly, that the verdict
OF damages rendered was most contumaclous to the
Court and in absolute defiance OF the oaths OF the
jury. He strongly urged, In conclusion, that the
verdict was preconcerted one, ana, therefore, the
more ab0minable


Ex-Judge Fullerton, in opposition to the motion,
pronounced the argument OF the previous counsel as
OF the most marvellous features OF this most mar
veilous case He did not propose TO go over the
facts before his Honor as II he was addressing
jury but simply some points OF law bearing on the
case. He defended, however, first the character OF
the jury, and thought the assault on them 1uly as
base any possible attack on the dead. Finishing
up tins point OF his opening, he complimented the
character Of the plaintiff and portrayed him as
patriotic Peruvian who, when his country was
threatened by Spatn came here TO help TO defend
his country The letter setting forth the plaintiff as
a gambler he insisted was written by some
one, no one knew whom, and from some place.
the defendant possessing himself OF $500 GOO
ali the money MILAN had in the world-coOly and
mallciously thrust him into prison through false
statement The Jury had meted out q punishment
that the defendant would remember. This verdict
was not the result OF prejudice passion infu'
ence. but based simply and solely on the evidence.
Passing from this lie animadverted upon the iestl-
mony OF the defendant, that ne deposited $l25,000
with James B. Taylor To he forfeited in the pur
mated. The story could not be believed. Captain
Graham did not believe it, The jury did not believe
IL, and hence their verdict He insisted that the
case was fairly presented TO the jurythat no case
was ever more fairy presented


The senior counsel for the defendant responded at
great length, to which Mr.. Fullerton rejoined at like
length. MIR. Vanderpool closed the argument for
the defendant


The Court reserved its decision.