Year: 1873

Yesterday the second actual day ofthe third trial
Of ex-Mayor A. Oakley Hall, the case was given to
the jury. The defence called witnesses. The pro-
ceedings OF the day were therefore entirely con-
fined to the summing up Of counsel on either side
and the charge OF the jury The addresses Of
counsel were pretty lengthy, that for the prose-
cuti0n occupying three hours The court room was
crowded throughout the day up to the moment
that the jury retired to deliberate upon the ver-
dct-six O'Clock The addresses of counsel and
the charge OF the Judge were listened to with the
deepest attention. At ten O'Clock Mr.. Stoughton
commenced


SUMMING UP FOR THE DEFENCE.


Mr.. Stoughton said he had come to the conclu-
mon, after an examination OF the evidence, in
view Of the fact that the prosecution did not even
Intimate any connection with these frauds except
the technical one, that no evidence called for
ON their part. Men had come before them with the
hardiho0d to avow their own guilt and their own
participation In the profits OF that guilt. He sup
posed they spoke the truth. Had there been an
Intimation that Mr. Hall was o party to these
frauds, or shared in the profits, they would have
felt bound to answer the vaguest suggestions Of
that kind. But the prosecution did not even init.
mate such On idea On their own theory,
It was narrowed down to simple
technical question, whether Mr.. Hall,





been intended to make distinct motion for q di-
recton Of acquitta but in Difference to the desire
Of the jury to hasten through the cause, 1t had
been resolved to present together tnar argument
70 the Court and the direct argument to the jury,
intervening them as the matter should require.
He quoted the case OF The People VS.. Bennett, in
- New York Reports, to the effect that the Court
may direct an acquittal, and might IN cases where
the evidence was weak, upon the facts, and should
where the evidence did not in any view warrant a
conviction. He desired the jury to consider who
Mr.. Hall was. What were his relations to the
cityf For IL years he was District Attorney.
During that time his official life was STAIN
less. No one had ever charged him with
conduct unbecoming an officer charged with
10 grave an office. Examining every case,
and never gully Of oppression. he had led
. stainless official life. They might search the
past in vain for a single utterance during that
period to his dscredit. Friends had grown up
around him; children had grown up around him.
His reputation stood high. There was everything
to induce him to continue the course which had SO
far marked hun. He became the Chief Magistrate
of the city. In 1870 the whole framework OF the
city was changed He had to launch the new city
government. Imagine his constant duties during
that period with constant routine work, constant
consultations, constant work OF every Kind full OF
pride that he was inaugurating new era In 1871
there were charges spread abroad. At once he
went to the Comptroler's ONCE to inquire into
them, and what did he do? He appointed COM
mlttee half Of taxpayers, half Of officials that they
had from the prosecution. Did they be-
heve that he felt then that he was
more guilty than any OF themf Monday was
the day fixed by them ior the examination OF the
accounts. The Sunday previous the vouchers were
stolen. At once Mayor Hall invited Connolly to
resign, incurrlng, OF course, his enmlty, willing,
In his trust in his own honesty, to incur such
enmity. Time went on, and, partly under the in
nuence Of political feelings, partly under feelings
less creditable, this Indictment was found. Mr..
Hall went In the discharge OF his duties fearless
In the consciousness Of his own innocence. The
trial came, and then-whatever appeared before-it
then appeared that not one dollar OF this money
had ever stained his hand. Then cleared before
the public, the counsel had supposed, with many
others, that the case was ended. But now, in this
season OF peace and good viii. they were called


@ nss Re
Withdraw, any objection II the evidence was to
nesses had they here Keyser, most respectable
looking; Garvey, not qnite SO respectable looking.
TSe With watson his 6H ong nome
and Woodward who was absent sfor his health,n
sat down to weave web o. fraud to make up . bin





or Connolly. The only man that must be deceived
st Gensts Genet trial they would remember that
ne was convicted of deceiving Mayor Hall.
Another general T anv was
tent must concur with the evil act. What
earthly motive had Mr.. Hall for this actf Avarice
and necessity were common motives for crimes.
Those who had been convicted were convicted be-
cause they had been shown to have done these
fhing Of the kind hereY Garvey had told them OF
the distribution OF the moneys, but was Mayor Hall
sv an ey nd he At IN
20 the effect that the oicer to be responsible CIV
lily or criminally must have done the act wiiully-
mistake In Judgment was not enough; he must
have knowingly and intentionally perverted his
three frst counts were framed used this word
sswilfullythat is Intentionally, Knowing it to be
wrong. with criminal intent. and he quoted cases


Counsel then discussed the section OF the act OF
1870 creating the Board Of Audit. He called atten-
tion to the fact that the Legislature gave the Board
no power to call swear witnesses; it prescribed
no measure OF proof. II lett TO their discretion
sncm the right S as would e pass


bill OF items presented TO himself, on the theory
that the man who presented the bill was honest.
IL they believed the bill was honest could they be
held criminay liable for auditing it2 Was each
Judge diversely to decide what evidence was neces
It to be the ex parte oath Of the claimantp Such
Oaths, Custom House oaths were byword. Ehey
were discontinued rightfuly enough some years
before. How did the Comptroller now dor He
sent round an agent, ana, on his report,
paid the money. Was Mr.. Hall to sit down
and examine each BILL ana strip from 1t the fraudu-
lent garb bill by bilp 1t was easy to be wise after
the facts. The late great Emperor who sent out
hts armies. believing them fully equipped, TO meet
great people, could after his defeats, easily see
what frauds had sapped the strength OF the army
ON which he relied. wisdom that came after the
iact was always to be dstrusted. ii Mr.. Hall
allowed only such bills as he then believed to be
honest, ne was In no sense liable criminaly. and
snow anirmativcly, Knowledge that they were not
honest The three first counts he had no doubt
Notwithstanding the use OF the word corruptly IN
tne third count, were framed on the theory OF q
simple refusal to audit these accounts The fourth
count was the common law count for corruptly
auditing That he did not think Its friends on tn
other side intended to insist on.


ttOn intended to rely on ali.


Mr.. Stoughton expressed his surprise at this as
neither IN the opening nor the testimony had any
thing OF this kind been suggested. He proceeded