The New York Herald Newspaper, April 2, 1843, Page 1

THE NEW YORK HERALD. Vol. Ix, No, 93,-—=Whole No, 3305. NEW YORK, SUNDAY MORN NG, APRIL 2, 1843. Priee Two Cents, - ——— ———) counsel would here attempt to make capital there. from. Te the Public, 1 r SEEAH. | sible for me to have known the amount he had.on | Jury, in comparing the facts of this case, all known | General, priest, layman, and all have duties to per- THE NEW YORK HERALD—daily newspaper—pub- MR, JACOB BARKER'S SPEECH, hand—the denomination of the notes, or of what | to the plaintiff’s counse! when he drew up those vile | form, and are alike responsible to the law. These “ bank they were, if he had more than he himself | charges, with the exception that it was not proven | lawyers are not to be allowed toecreen themselves What my course in Louisiana has been isknownt Ushed every day of the year exeept New Year's day and Pe SAR Or . had stated 2 If that was not the true amount, why crimi i i hi fram responsibility by the {aise notion of profeasion- | all. I found it expedient to read sufficient law to Fourth of July. Price 2 cents per copy—or $7 26 per an- BARKER vs. BARKER, did he state a false amount? Why did he ask the H i ,as well | al duty, because they have a license to plead in | be admitted to practice in all your courts, for which admigsion I feel very grateful to the Judges of the Supreme Court, and to all the Judges, tor the kind- ness received at their hand: num—postages paid—cash in advance. — clerk in the clothing store to show him where to | as the Cashier of the office in Common street, kept | Court; too many of them, I am sorry to say, forget THE WEEKLY HERALD—published every Saturday find a broker’s office, when he had come {rom one, | arecord of the different descriptionsof the uncurrent | ful of the dignity which belongs to their profession morning—price 6 cents per copy, or $3 12perannum— | THE PARISH COURT. | and passed twenty within an hour? Why did he | money bought and sold, and seitled their eash every | the most, lolty and honorable in the world bo Ido not follow the ; 7 only offer $400, when he had 3510 in his pocket, | night, and that they neither had, from the day pre- | the habit of slandering suitors and witnesses indis- | practice of the law as a profession. Circumstances bpd Sere that the circulation of | Zhe Speech of Jacob Barker, before the Parish Court, | if he was not atraid that offering the exact amount | vious tothe day after, sold a dollar of the notes of | criminately, and thereby in most cases, sacrifice the | have compelled me to pursue a more humble eceu- in his own Defence, against a Claim Preferred by akon, repmn ‘ould expose him tosuspicion? wie the Bank of Orleans; that atthe Canal street office, | interests of avi id It cine such practices ny Dama- | deny to Mr.>mith to whom he sold the four hundred | nota single note of that bank of the demonination | were restrained, and the geatlemen tought to sus Sioepit Har oe fer ‘Tin ToMsona eae of said ) dollars, that he had any gold or silver 1. Why such | of $100 had been purchased, and that all the pur- | tain their own clan by a more deernt and dignitied age, for an Alledged Malicious Prosecuti haste to change his clothes before he appeared again | chases during the time, in ‘the aggregate, did not | course of conduct, and so far a8 | am concerned, | patio Tam not a candidate for fees, although I sometimes accept a fee; but generally when | de appear, itis a case in which | am, or some particu- lar friend is interested, or where the party is unable the Herald is over THIRTY THOUSAND, and increasing ast. Ithas the largest circulation of any paper in this city, or the werld, and i therefore, the best channel for business men inthe city ur country. Prices moderate—cash insd- | Hosea for Felony, 8th Feb. 1843. among the brokers, if concealment was not his ob- | amount to more than one half the sum in queation; | willteach the counsel for the plainnff, that his li- | to pay counsel. fn such cases, I do not allow my- vance, ‘ May it please the Court—Gentlemen of the Jury— | ject? It was not for the want of money, as he did | which forbids the idea that in the confusion arising j cense to practise law, furnishes no authority for him | self to re(use, when applied to by free men, although ny. Dicase Sietene not use in the purchase any part of that taken from | from a great press of business, the notes had been | toslander me. In doing this I hope 1 am not com- | the applicant's blood should be of mixed character. PRINTING ofall kinds, executed at the most moderate | ] had expected the services of the honorable Randall le. : me ; for you will remember that he paid for his new | placed in the drawer at the office and forgotten by | mitting the same fault myself; this depends on how | On this subject my sentiments are too well known prices, and in the most elegant sty Hunt in she condug athe Couey penne a aux’ | clothes, which cost $16, half in Alabama money | me. Fans ; ” | farthe testimony sustains the charges { make against | and too highly appreciated by the New Orleanseom- ‘ae JAMES GORDON BENNETT, hog he a uiiis aflaitverminated’ Boal bronght be- | and half in Municipality, showing the discount on With this exception, said Mr. Barker, all the facts | them, it being the indisputable right as well as the | munity, for wicked and designing meno, by their felling pana TOT poe ron poe the publi Mt rill proceed, painful and mortity- | both. This was one of the many fortunate circum- | now known to you were known to the plaintiff’s | imperious duty of counsel to present all the evidence | misrepresentations, longer to be able to turn them “ street : ape it Fro be obliged to talk about one’s self, stances which attended the whole transactien ; for- | counsel when he trimmed his midnight lamp, dipped | to the Jury in the strongest possible light. to my prejudice, Although my palmy days have passed aways I prize more Toenty the proud dis- tinction of having a right to appearas an Adyo- cate in all the Courts of Louisianathan any position Tever before occupied. aeons H H tunate because it left the $510 in the notes of the n in gall, and indited the calumnies which he To refute the falsehoods which have been proved Pa Ean 70 LET AT YORKVIULE.<2 ree Baprine ta well es rl saosin ark Bank of Orleaas cinohedtnel fortunate because | alt frvardss on my failingto contribute to his inordi- | to have been brought before the Criminal Court, s calculated for a public house, grocery or pri- | 2788¢) W ie in court hasa fool for a client,” Istill | it | dire that he might have purchased his new suit | nate appetite for gold, places on file in this Court, | evidence has been adduced to you from the public, ei before he sold the notes of the Bank of Orleans. where they mustremain in perpetuity, to the preju- ] records, that my purchases of real estate were made e his own cause u garden. chr et ae Pit anes eee iett hope to convinze you,before 1 have done with these b a st A i i i fami i i Gentlemen of the Ji e thes K ¥ t wit And what could have been my object for wasting | dice of myself and my family, as long as ink and | in my own name—my bank books with three banks Jeni ury, you are now called on to prea eh ter eet HN’ A. MORRILL, Esq., eye Saas thie aa neenios A araaeags wrsthiout time in the pursuit? the chances of fo ing a person | paper endure. . were produced, and feote that I did business in my | believe that an individual, in the autumn ot his lite me 2wr No. 11 Chainbers st. ] 80 50Cting. to your indulgence, I shall assume | Whose name or residence I did not know, a man I hat can you think, gentlemen, of a member of | ewn name, and Mr. Bean told you that the only rea- | who has occupied all those positions, with a large Pei Copy RO poi No.7 New | that the plaintiff is a man of impulse. It is not | had never before seen, were ten to one against me « | this honorable profession, who will proceed thus | son my name did not appear in the firm of Horace, treet, a fe rom Wal 4 the sec sf ond story 3 d if I did find him, my getting back the moen: against another member, with whom he is on terms } Bean & Co., was that | wasnot a partner unti! seve- has two offices, and it is adapted for amerchant or law- | necessary for my purpose to enquire whether or not | and if? di pea Sack la: Fa 4 i i ily ii Ay H t fi Fe lias ater cies Vir stay ie ie ui He was coonfired ief and gambler, asa virtuous pate reat | roved. rie er Pena having at Pf soe cent et daily interned pre terine i fronite alter Sheemablighment, pl shes firms san MGuui Raia aieatetaencighinn'be thes eourthe: and Chinreh an excellent situation fora ‘genteel family, oc- | course of life usually precedes the first offence of all Ad Eatitanin Doane bans; aba ee Weak becca nal omer Tai aR Tue tare eVenne CPNILITET CORE TGRE eaT'G temeven note ae chant he told tI | sion he would have violaied, his most imperative eupied by Mr. Verplance sinners. Whose character stood better than that of | —conducting a heavy business, which required con- | fair tame in the evening of his life, and render eve: ¥ ner ever since; and, what’s more, he told you tha 3 he aio sae Ee a perati The brick store corner of Pike and Cherry strects, occupi- | the numerous officers of the banks, who are now | stant personal attention—to leave all this and go in | ry member of his large family miserable—a family | had not furnished any capital, and that I had applied | dutv to his God as well as to histellow men. The ed by, Messrs. Valentine & Co., as a teed atore, a desirable | ie eee the severest imputations? Who could | search, and when found, to attend at the Police Of- | who are breathless with solicitude whenever the | my share of the earnings to pay old debts, and in | Workings of the human heart bemg inscrutible, it be yee Soo pegs wearin LORIN rs ON tore procured more testimony of their spotless cha. | fice, and then before the Grand Jury, and then be- | slightest whisper of suspicion is uttered against any | the support of my family. Mr. Hennin and Mr. becomes your duty to consider probabilities. The and counter celler, No. 229 Nineteenth street, occupied by Mr. | racter, before the recent criminal disclosurest—and | fore the petty jury, for weeks aud ‘months, which | one of them. e Wood told you of large sums thay had received | counsel for the plaintiff takes exception at my hav- Werke i dont would such testimony of previous good character | Was to have been anticipated, would certainly, ina} Gentlemen of the Jury, you must, on hearing the | from me for old debts. Had there been more they | ing propounded to the witnesses he had examined ‘The two story brick house, No. 73 Gold street, one door from . d the | pecuniary point of view, have been far more detri- | proofs, have involuntarily exclaimed, in your hearts, | would have been applied tothe same purpose. I | under n commission, the question whether or not pruce st., formerly ewnea by Mr. Miles Hitchcock. The | convince you that they have not improperly used the detri- | pi ny 4 ‘i f ii I hes rents will be moderate. Appiy to money of the banks? mental to me than the value of all the money in dis- } in the language of the Doge of Venice, “does he | am poor—the counsel say I state this and other | the plaintiff was a gambler, and wishes you to infer Mi. DELAPLAINE, 68 Wall street, The counsel for the plaintiff tells you that he does | pute. Gentlemen ofthe Jury, was there ever before | yet live t” things by way of an appeal to your sympathies, in | malice therefrom. The proof, agit most toriunately m6 Im*r in.offige No. 9, cor, of Water st. not think {intended to steal the man’s money— | Such an array of facts and corroborating circum- |” Now, Gentlemen of the Jary, I have not any thing | which he is totally mistaken. He cannot compre- | Came out, exonerates me from that charge ; and Ta Dean street, near Besith street, Breok- |} © ive malicious presecution, stances—ever before such perfect harmony? No- | to say about the private character or nee prac- | hend an honorable impulse. 1 state<it for a very Bp be innit a farthey oxi dénes of boa ote hep Pd bmaapers me ‘two lots of ground aitached. Also, coach | #* How could I have felt malice towards an entire | thing but the result of truth could have produced | tice of the Duncans, oreither of them. Ihave not, | different purpose. Mortifying as the disclosure is, T {dee eel repens eee cea leis om poise away without retaining the notes. family, and under the most lasting obligations to # generous public, would, without motive, have been sully of crimes that would have rendered bim in- "a A varie most choice grave vines. | stranger in humble life, whom I had never before | them—human ingenuity is not equal tothe task—it | 1 shall not attempt to enquire in the other Courts, | prefer for you to now all, rather than submit to the or ith t t ty . x . Fr : Siew pene lig arte atte AA ER aC reelient | seen—whose name I did not then know, and whose | is impossible, as the work of man—with God, noth- | or elsewhere, whether any attempt has been made | slightest imputation. Nothing can be so valuable , : pe ji 8 toe: t ing is impossible, as is evidenced by the perfection | toimpeachthem. In this particular I will requite | to aman of correct feeling and true dignity asa good | You have heard what Mr. Waterman told you, saiiec forte year co tire se ceosoamtetegtescan breepie | Ran wee nok marDas tp excite Auimosity, ct lead.) ry mtendor of his gioriots, creation fhe would their evil with good, while I shall handle dem | reputation, and I shall defend mine to the umost of | when under oath, on that subject. Comment from ing to Jounen wWeMURRAY, traordinary feeling to have. existed towards a profil- | and all things therein, down to the smallest insect th the utmost severity for what appertains to this | mycapacity,and preserve it as morejdear to me than | me is unnecessary—you must approve of all I said pita Soormesrreet. | able customer at his first visit, with whom there had | which fills the air we inhale; yet while I donot | suit. : the apple of my eye. Although poor, according to | On that occasion ; and further, you canuot but sup- ] TO LET—4 pleasant two story house. containing 3 | not been an unpleasant word. It would have been | doubt his power, Iam not a believer in Divine inter- | The angry passions of men have been excited by | the proofs and the facts, [amin possesion of health | pose }then considered the bank notes to have been bed rooms, an open garset, two sitting rooms, froutand | ihe most unnatural feeling in the werld. No, Gen- | positionin the ordinary affairs of men. It would | the cry of Abolition principles. My most praise- | and asufficient capacity and knowledge of the busi- | Improperly taken away by the plaintiff. back basement. ood cistern of water, grass platt front | 1° 20 ‘Of the Jury, Lam either faultless or guilty of greatly diminish our responsibility, and do away | worthy acts have been tortured into misdeeds be- | neas in which I am embarked, which, although | _ The counsel have read to youjtestimony from Red tear. | Inquire at 95 Eldni the proposition—there is good and evil, take | fore the Court where Hosea Barker was crimiually | greatly diminished by the times, is yet large and | River, telling you that said Hosea left there to go to ig hy v 5, enquire at 242 jury, with the attempt to defraud a poor man out | with 3 ig pai sohinaAnai ns S08 calles mnt bwsee pr Uns been greatest oHences man ob ee commit. | Which you will, and abide the consequences. If | tried, and before the public through the press; have | profitable, and I am perfectly willing to labor on, TO LET—The fire proof brick store, No. 10 ouch | There is no middle course—no mitigating circum- | there is such interferences, it wasnot likely to have | therefore a rightto apprehend a repetition of this | and to apoly the fruits to the payment of the plain- wath Trnme diate ponerse be jt reanireds SORT «2 stances, and you have to decide the single question | been exerted to protect me in sin. No, Gentlemen | dishonorable course when too late to reply. Mr. | tiff, if you should be of the opinion that I have done mi ber ikibetah i a" ack etait of my guilt or innocence—it can neither be compro- | of the Jury, this wonderful harmony of the corrobo- | Duncan has the closing argument, he has the last | him any injury. =e TO CET=The two story trick House and vemnex; | mised nor divided. rating circumstances, sustaining my oath, which T word, when I am bound to submit ia silence. Gen- In combating prejudices at the North, Toffered to No. 45 Wooster street. fnished in the most modern M went onto say, in support of Hosea | has burst in from all quarters, is the result of truth, | tlemen of the Jury, 1 beseech you to watch this | expose my life in single combat, and suffered the pe- Mr. Barker Y> PP . ‘ ten | (3 atyle, with marble mantel-pieces and folding doors | Barker being a man efimpulee, that the testimony | Of cause and effect: it cannot have been any thing | man closely, and to follow him through all his wind- | nalties of the law therefor. thronshout.” Apoly to JOSEPH MeM@RRAY: | exhibited him to have been an overseer of a plan- | else. It mustremindyou of your exercises in child- | ingsand fallacies. You have seen how unscrupu- | I came here poor in 1884, amidst cholera and yel- eae *é acai <i, | tation on Red River for three years, at a salary of | hood, putting together the may. which had been di- | lously he substituted fiction for fact, how solemnly | low fever, and have not been North since 1836. I BE tad po dng bers eter a per annum; that he bore a good character with vided into many pieces, to call into activity your | he averred that the plaintiff was not arrested till the | pacsed through the yellow fever in 1837, and have i JOHN HERDMAN, his employer and his BeieEDONs that he had saved | infant faculties: for a long time you thought some | fellowing day after his visit to the Canal street of- | ever devoted myself studiously to bu-iness, and yet t Georgia to visit his mother—that his neighbors fre- acanly entrusied him with money—and that in 1889 he had a draft on New Orleans for nine hundred dollars ; but they have failed, utterly failed, to ea tablish that he had in his possession, at any time within two years, a single dollar beyond the $710 Ihave accounted for. ; The witness who saw him at the gaming table, stated that when Rewpallad, out his money to pay the amount lost, he said ‘ vou have not got all ; | have plenty more ; I have $1200.” This declaration of mir jo-the premises. with which he left for New Orleans; that he | Pieces had been lost, er some pieces added that did | fice, and thathe waited a half hour in that office af- | expect the Gaverament to relieve me from want, by | the plaiutiff cannot in any case be considered testi- OFFICES TO LETSIn store No. Sree took the boat on which he came here at the mouth | Not belong there, as you could not make them fit ; | ter the money was brought round from Common | fulfilling the contract which has been introduced in | mony in his favor; and much less so when made averse JOBE TH aE enwet, | of Red River; that he joined a set of gamblers on | at length they were all made sto fit, at which you | street; when the proof was most positive that he | evidence in this cause. while smarting under heavy losses, and pronounced i board of said boat, and took his seat at the table im | were electrified and instantly called out—they are | wasarrested in aboutnn hour from his first inter- | ‘The counsel puts a most unfavorable construction | ii! {hat exulting manner to fellow-gamblers. TO GARDENERS—To Let, thre miles from | mediately alter breakfast and gambled all day and | all here, they are all right, nota piece lost! So in | view with the defendant, and that he went off with | on my every act, and in reference to the proof of- this testimony about visiting his mother has [isp Boston, a Cotwrge, with sufficient greund for's market | until they reached the neighborhood of the city, this case, the $510 were found, no more, no less, of | the specie without counting it in two minutes or less | fered in relation to my family, age, past position, | PeeM Introduced, if not to excite your sympathy, Teen house of grape vi 00 character, the rent will I do not know; that occurrence was in January, and the one under consideration took place at the end of March ; and I am still more puzzled to know what is meant by offering as testimony, that the plaintiff received $900 in 1839. I think the gentle- man must have mistaken the date—he had better examine the documents; the interest of his client requires to have the mistake corrected, ifthere hag been one anal 4 capacity is not equal to disco- ver what was intended by po sina that proof—it de- fies my powers of perception ; perhaps the ingenious mind of the opposing counsel will be enabled to surprise us all by exhibiting its entire applicabili- where a settlement teok place among the parties— | the precise denominations described by me, and of | afier it was brought into the Canal street office—this 0 that to one of them, the said Hosea paid a hundred | the Bank described—fitting as perfectly as the pieces | is sufficient to put me and you on our guard as to | Not so. 1 ask not your sympathy. You have each m3 St cod re J. WINSLOWH, 30 Southstreet._ | dollar note of the Orleans Bank; and presented ano- | of the child’s, map. 5 9 gy any statemeat he may make. You will recollect | and every one taken an oath to render a verdict ac- AY. ther, of same denomination, but of what baak did} It was Eatin, says my Anjaronist,aadings Ido | that in the pleadings, I amheld answerable for the | cording to the law and evidence—this oath I de- ASE ets ot tee es ngfet, one op mere not appear, frem which several others were paid | not believe the defendant intended to steal the poor | treatment of the prisoner during his detention. Is | mund of you to redeem, and I know you will re- il Consi:tiug #f two buildings, euch two stores hizh, one | small sums which they had won from the said Ho: | man’s money.” Malice, indeed! could. there be | not this monstrous? Tamnot your law maker, nor | deem it without fear or faver, or the hove of any 0 vy 30 feet. the other 33 by 45 feet, aud connected together by | sea, Now I contend that we are bound to consider, | ®8y malice against a m had never before seen 7 | your jailor. That he was illy treated when a priso- | other reward than the satisfaction which will aw Aplizra, Also/barne, CAringe nods at nei eal twelte | from the good charactertestified to, that it was the | Invoking your recollectionas to whatall the witnes- | ner, I am ready to believe from my own observation | gurediy flow {rom the reflection of having done and very superior, kit absat Awenewn Eagle runs | result of impulse, from sudden temptation, that he | 8¢8 have enid about eee disposition and freedom | in other cases. On one occasion 1 was employed | right—of having done your duty. My object in pre- to the. village three times per week; stages twice per ‘lay to | went to the gaming table, and that he was not are- | from malice from my boyhood, I will proceed to de- | professionally to icterpose for the release of six men | ducing all such proot, as well as of the integrity of who had been long contined, and made to work on | mypast life, was two-lold; first, to repel false and Hickrille, the railroad depot.” Th hes Wig Se ad gular gambler. lineate the wicked character of these proceedings, A q welt Any ft aration ean be ob- | On landing he found that the Bank of Orleans, in | emanating from the single passion of avarice. for | your highway in chains, and this too without a | tngenerous’ accusations, as well as dark aud mys- ne whose paper his whole funds, or nearly so,had been | Which Ishall not attempt to hold the plaintiff an- earing, and in direct violation of the Constitution, | terious surmises, and then to exhibit to your view man code ey TONS D Renee site mae y, | vested, had failed, and the notes only worth filty | swerable. No one can suppose him capable of | which declares in effect that no man shall be pun- | the immense stake I had in the matter, asking of : cents on the dollar, and the whole community cry- | Sach proceedings, or that he would have thought of | ished without a trial oy his peers. Five of those | you to censider whether or not any man could be ing out fraud against the banks, and holding the bro- them had he not been instigated ‘thereto by others. | men were,by the Recorder, from their complexion, 30 lost 10 every consideration which dignifies hu- kers answerable for the depreciation of the paper of | He was in haste to go home, and well he might | pronounced free without any other evidence—an | manity as to throw the whole away for 0 con- the banks and ofthe municipalities, accusing them | be; he had come away with $710, the savings of | imperishable certificate, which should have protec- temptible an object as that of the chance of defraud- Seeeitio isds inrryovad| snd; pasaived thesar hoe of robbing the poor and the laboring part of the com. three years’ hard work, two hundred of which, with | ted them from_ arrest, and if errested in the night, ing a poor man out of only $255, which chance was dent, f f years. Apply to ity. Under these impressions he goes to a bro- | & trifling exception, he gamblesaway, in the passage | should have liberated them at the first dawn of jaiy Wneeitins veasiiats a Wevente'tiie , day. JOSEFH B. TOWNSEND, f Orleans; with the change he gets from the gam- K twithstandimg the wrong which had been done | 4; ted by malice nor enmity towards me, nor by the mat 209 A: Orleans to the amount of $510, and sells them at 50 | 0! 5 a gal otwithstanding ig which ha time. ; lice 1 r A ae none ies Swe ae ‘Dwelliag | cents on thedollar, exhibiting the same, consisting | blers, be purchases a new suit of clothes, leaving | them, their detention was continued for the pay- | "This would be a zeal in favor of old creditors of angry passions; but by that all absorbing passion, ‘Nos 33 nnd 85 Front street. Brooklyn, ve- | of five one hundred dollar notes, and the residue in | him in poseession of a three dollar Municipality note, | ment of their jail fees and board, which they were | no ordinary character; the amount of debts would | ®Y8rice. and occupation, says it is te excite your sympathy. apiazza, Also brs, carr ‘ys These men know that I am in the daily practice of handling very large sums soll ntumegethey have tasted of it, and this has sharpened their appetites for more ; you see to what lengths they go to obtain that on which their hearts are bent. Gold 1s the idol of their worship—they know no other god — tween Fu'ton and Catherine Werries. Euanire of » bank. i ie in | exclusive of the specie taken from Canal street. | totally unable topay. I hadsome of them brought i ‘. A PE Gentlemen of the Jury, you all remember the at- fice, I ded to my own effice and sent it | of instituting these proceedings, if he had not been | gument, decreed their release without any such aba be Ito th bi ingui 2 | on most of the offices ef the money brokers, includ- Also, store No, 314 and 16 Water si that office, I proceeded to my ee: OF i m q . wou e equal to that to be extinguished by the m3t 3t*r round to the clerk of my son, in whose office, and instigated by others; and, Gentlemen of the Jury, payment, the detention having been unlawful—and money thus acquired. ing the one in Canal street, from which he took the money. I happened at the time,to be standing on the South-East corner of Canal st. and saw several hun- dred men come out of Chartr reet, on the run, at noon day, cross Canal street and make the assault on the office of Messrs. Valentine & Wiiliams. T saw their leader pas his foot through the firat pane of glass that was broken. I saw the mob thereupon seize and pocket the gold and silver, as well as the bank notes—the work of destruction went on apace —the whole town knew of these things, there were hundreds of witnesses, yet noone of the offenders has, tomy knowledge, been punished. It I had one forward and made complaint, it would have urnished these Duncans with another opportunity to harass me in the law. Most of the men compos- ing the mob had not any idea that they were com- mitting felony ; they were led into excesees by the PENNSYLVANIA HOTEL—This excelent ha for whose account the bargain was made; the money roe Oe eee that have baga clon, iat onl this remeron act om geet a sd es isnow tolet. It ¥ ng | ed on the counter, and the clerk called said | YU had the power you would, by your verdict, make | by the press, and in the cause betore the Criminal ‘ Adee SUM foo np Laer tree, eid le feged to.any 0d | ore rite ful hs bargain’ “Elessid he was to heve | Creer B. Duncan disgorge his ill-gotten gaine; but | Court, of abuse of Jacob Barker, when. it should edratasteial tribes is New York: [or TOR Ears wd snd improved, and, is cabrignus to the dettey Fery, had one hundred dollars in dimes, ten to the dollar, | YOu have not that power; yet you cannot resist the | have commended him to the wise and the good. acai ky y ae Unived Piktes hy 4a Western Hiilroad Dele AN, No. 160 | When two hundred dollars had been sent in quarters | Conviction that Mr. Duncan compares most unfavor- | So far from being favorably disposed towards Abo- Hs “Ap at sen alte dunis senalithicoaes New Yor m3l"iwem- | and the residue in gold. ‘The clerk told Hosea that | ably with Hosea Barker, Suppose the latter was the | htionista, I would hang them as quick as any man in | laden with foreign commo Lyi eae pease faba he House No, i¢ Frankfort si he did not understand it so, but that if that was the | Unoffending, hard working, poor, and unfortunate | Louisiana, if they came here to interfere with our | Vane r ntener Uuere sen ane the Harspangied ban. ic House, that basin 4 bargain, he had better go and see Mr. Barker, who | Overseer, in a strange feat urncesend By 24205 Bar- | i ications. Your Grand J rorehave often enquired | Oot ay comnay nonlee om tree, Bast Heads ia me, *nd the situation is very ‘ould correct the mistake, offering to send t er, ag represented by Mr Duncan, was it kind, was | into the treatment of priseners, your newspapers cole nd the house ‘lready established. Apply oa the flckies Rint alice Meieteeriwaer he meer 1t just, was it liberal to take from this poor stranger | have teemed with reports of weir improper treat- | 1, sae bis b peptone olsen ae hel you a] WOKGALE canoes toe. go, saying the old man, meaning Mr. Barker, had | hisall, $250, in a case where the whole amount in | ment, which no man deplores more than! do, and no | that 4 a ee oo eatctieds te bestia Mee Lia 9 rt of which is meadow and plough land, ‘ood | got his money, and he supposed he should not see | dispute was oat $255, and which was ended in six | man would go further to correct those abuses; and ‘und be Find 4 ang bef "the rene cy 0m . roung apple orehard, with a variety of che £m againthat day. The clerk again urged on him | Or eight days? It is the counsel I shall hold answer- | yet the p eadings in this cause say, that Hosea Bar- | © "Ee Rie Glo’ Utes mebven that the Gen Lape Sbarslambe, and other fruit, The buildings, coos to go. telling himitwas only round the corner, a | able for all hat has been done, and all thatshall yet | ker was marched through the street twice, hand. | . {has aldo been proven that the Government.o Hercattles togetige wh a good dwelling fesse end wellot | few hundred yards off. He persisted in his refusal | be done in the matter. Lucius C Duncan, Esq., | cuffed, and that Jacob Barker ought to be made to | tie United States, in their ey. viele lacy ial j there ine sever | and took the specie from the counter and went tells you he was not at the criminal trial, and knows psy therefor. Monstrous! I never knew that such | 4 through my instrumentality, with many millions . wi ne Huling Meare cuont three miles frock eaten tata, away with it, without counting, repeating that he | nothing about the facts. Ido not hold him answer- | had been the tact until I read the pleadings in this | °f, dollars, to carry on the glorious war of 1812, It has been proven to youthat I conducted a large ee he ings in thi when allothers competent to supply the sums want- te dice sby usfowaded m1 t] tl tes of the Bank of Or- | able for the pleadings in this cause—it was Greer B. | cause. They say also, that I caused the Attorne o 4 monster, prejudice ;'by unfounded reports ; by news- is Sola ace ‘a ie Eaabethores ad Somer le peers ater aor thet be should a Duncan that I came here to batile, and I am very | General to file the information to put him on his se Tele iocnetisaiaced Oe Aser of Chae paper tublicstinas; by the insinuations inuen- Any further descripuon is net necessary, as i ‘i di t R sorry he is absent. He, however, went away, know- | trial; in which there is not one word of truth, fur- 3. meee foe tpameal res. ee aly boats Se eon ed yar Mg Giesencs ing, if he was here, that Ishould hurl at him defiance | ther than that euch measures were the | ont that the Government could not borrow in all Ame- CLR wala i nike Ts onney nent pel AS ig but not eus- | a8 | row do at his brother, and bid him go on and | oftmythaving made the complaint on which he | Ticaa single mulliond : : jon for'a persnn doing ‘ 7, hay § pp ree pelea spare not; exerting all his eloquence and all his was arrested. Not content with this intendment of | ,. At thistime President Madison received from Mr. in New two honra thie of the | pectin se Dad senbaiag. aa! aie, GCMR GR of | Zenuity inthis unholy cause, which I know he will | lew, lam charged. especially with, these dete ang | Gallatin, at Ghent, one of the American Commis- SSE ee he did not interpose any objection; the whole time | 40; and although I accept the gentleman’s disclaim- | thev are said to have been done for a wicked and ri eh arg peat Gai tet MORANGE having taken the Marshall House, corner | he remained in the office after the specie came was | &T of all yah knowledge, he now knows all | malicious purpose. It was my duty to make the vies thal ihe Goeamieant phen cit “Sitges H.. Brondway a Reed street, and fitted ic up comme | proved not to have exceeded two minutes, a portion fete his brother Suet an weeks Gentlemen of ae nt, agit saa da es good Mishk when open another campaign, entreating them is Mies jiously for the reception of boarders, would most respectfully : sod indi ‘i 4 e Jury, you now know; and as he now goes on » is knowing to any offence having been commit- prs iv annuntice to the I inthe United Staten, that he ha | he trae snl ore ee ere Of upholding him therein to the utmost of his capacity, gainst he Iawe, You, Gentlemen of the Jury, | Sil negotiations until the fate of the. loan taken by Or without their wives, during pulee of the moment, and not a premeditated, pre- | Lhold him answerable equally with his brother—one equally liable to this misfortune, if either ol 1: tee oe Piven altatin canals yom Te ihe Aslewee the concerted fraud. The whole atmosphere being fill- al Lap aoe Ns — Mar pect ae rte you shouldbe robbed, andcomplain, and the Rect baat ih he be maye ne ‘of cialimeneie bole 4 o attention or expel al by ae G ave done with them, ope, Gentlemen of the | should, by technicality, or for the want of sufficient ° ‘f j spared w render them comfortable, td the prices maderaig ed with geanciatlons, sa stsat jag beaks sp the'| Tuty, to.couvince you thet! have paid them princi- | proof, happen to escape convietion, which often | {ome to induce me tom ake the contract, although I ME. ¥. FURLONG, “Gir Broadway, one door above | fering condition, partook of the same feeling, and | pal and interest, for this debt they have imposed on happenstrom the sacred. principle which declares it | ite Hlouaherook wAuttiaetiete deere vena treet, and 6% Bowery, (Succtwsor to A. J-En | may not have reflected on the enormity of his offence | me, whether! pay my other debts or not. better for one hundred guilty to escapg than for one | S™all portion thereof. Scie Wann (maaan inan does of evil disposed persons. Prejudice has always been the curee of the land, and by the last New York Herald received, I notice an account of the town council of Liver, i by a large majority, denied the right of public cation in worldly matters, to unoffending children of Cathelic parentage, born as pure and spotless as the mountain snow. [am_ not a believer in origi- nalsin. The unfortunate Jews have been persecut- ed all over the werld. The first cvlonists of theee U, States, the Puritans, fled from religious persecu- tion to the wilds of America, encountering the sa- vage and enduring hardships and rrivations of every kind. They in turnbecame persecutors themselves, hanging the Quakers for witches. The Catholics and the Protestants, as they found themeelves in el, formerly A. A. Mott,) will opel Parle i 4 They have chosen this place for their battle field— | i b hed— fi any money in the Treasury to pay the enlisting boun- } the ascendant, persecuted each other. All this is any more than the mob did, who soon after follow- ey have chosen this place for their battle fiele innocent man to be punished—as well as from mis- 2 , oP ul fey, Arn wh. SEMENTGNGReT Mase ot edi theattaohvon tiie beakers generally. let them not complain at the consequences. It is a | taken lenity. Once establish the doctrine that a Fe ae ae Loc Mae ate much le#s to | wrong—the unfortunate effect of intolerance and tin Liverpool ou business or plea- ith the specie the said Hosea proceeded to a | War of extermination, at thistime of life, three score | simple acquittal furnishes the foundation for a civil | ve and sustain the tA esp hen prejudice. I consider all true religion to be a re- of the is = 7 ney that sustained the memorable defence | public in every man’s bosom—a secret converse with his Creator. Ido not interfere with any one’s religion, nor allow any one to interfere with mine. [leave all men to go to heaven in their own way. Gentlemen of the Jury, you have seen all the facts clearly established. If you will compare them with the report of the trial published in a morning paper two days after Mr. Greer B. Duncan wrote his cele- are.— Gorweh, ‘ashington Hotel. steamboat, where he engaged a passage to go up | @nd three, and without a professional education I | suit and heavy damages, and society would be un- . : Tparectially ta, taform er numerous Ameriogn friends, that Rad Hivez.” Woanct the sacthen moter impulse? | connot compete on equal terms with the grave logic | hinged; there would be no security tor life, liberty, pen ceretred Uy tay Daria) Ret: ‘eit iverpool, afew minutes walk from the Custom House, which | he left the specie with the clerk of the boat, and pro- | oF eloquence of this master spirit; but I may teach | or property. Observe in this there has not been | eet ove, y Wha ferta tinier inl wba ons re'4 private house is fitted up with every comfort and coavenience, | ind store am ‘i ire | him some lessons of decorum in his profession. You | a tittle of proof in support of the prosecution beyond | &Y theGovernment ina large financial operation—he ceeded to aclothi re and procured an entire 4 " A : p PPI P y was elected a SenatoroftheE! State,and as such and trusts to be favored with & continnance of that sapport *° | new suit of light colored clothes, including hat, leay | 2oticed the{convulsive twitch of his muscles,how he | the mere fact of the acqnittal. Had I any thing peda ed a ae not eee ean tami ™ BILLIARD SALOON ing his old dare colored suit, and asked the clerk | hopped across the floor before you, when a vener. | more to do withthe trial than toattend asa witness: | 5 cat Coahiversial question Was beret toe’ Celebre NO. 5 BARCLAY STREET, THithe DOORS BELOW | Where he could sell some notes of the bank of Or- | #ble oldman on the stand, alter telling you he had | in obedience to the mandate of the Court? I never bred pnalicenionatdetie was Settied, the celebra- 4 TO eiae CENA The clerk told him he was going to | known Jacob Barker for fifty years, that his char- | did, to my recollection, speak to the Attorney Ge cot Ape spy asp pa teat te hi i Np ie tbe i Fy id. i 4 5 id the defendant on the other—the only two 7 Hundred, from $ ‘Go with me to sell the mone: ] | acter for truth Veracity was good, said, in an- | eral on the subject; I did not give any fee to t side, and the ‘ t y brated letter, naming $10,600 as hush money, the in general, that ine rhe ‘Reblessta | Will go with you to the races.” Was not this ano. | Swer io, the York’ ¥ of this gentleman, “What, | Distriet Attorney; I did not employ Counsel to asciet | °PiBions delivered;—and that ef the defendant was | one dated on the 8th the other on the 10th of April, ‘ou will not have any difficulty in knowing how r. Muh became prejudiced against the defendant, to whom, he told you, he was an entire stranger.— The petition in this cause wes filed on the 9h April. (Here, the article in questions was read by the Clerk, at the request of Mr. Barker, Triat or Hosea Bai ‘The Criminal Court was thronged turday by per sone anxiou' trialof Hosea Barker, charged by Jacoh efrauding him of $250! From the peculiar circumstances of the case, considerable in- terest was feit for the issue, and it is with feelings of gra tification we ennounce the complete triumph of inne cence over villainy—of honesty over the hellish machi- nations of a veteran in wniqnity, whose heart is as black asthe colored gentleman” fer whom he expresses so much regard. , Honest Jacob’s testimony was positive. He swore that he counted th. prisoner's money, and agreed to buy it at 60 per cent. discount, which was assented to by his name- snke, Not having the spelter on hand, Jacob went to his office in Common atreet, taking with him a negro boy to ry the funds, Mr. H. Barker remained in his son’s of- In a few moments, the negro boy returned with the hich was paid Mr. B. by Mr. Waterman. He je some objections to the kind of money he received, which, he said, was different from that stipulated for—Ja mn to the dollar. haracter of the . * “ ed by a majority of the members of the Court ‘apartinents—two in the ur per front saloon—two ther sudden impulse?—to go to the races with so | 800d in New York? Yes, gos din New York—none | in the prosecution, I gave my testimony, and left | S¥stain hy and one inthe front roym—all_ in fret ate’ order. | much money, witha fata he never before saw?— | better; his word, without his oath, was enough;” | the Court before the trial was Over Afidevite had | - le hohe fi Wen Lea Wa lend, ane has been Ele the eatsblishment will be furnished | the clerk trom the clothing store takes him to a bro- | and so said all the witnesses, with two trifling ex- | been taken under a commission to which I was not | Te rane h y a i if oat Dilan oan Rngland,as ne apartments, the proprietor thinks it "will Tender at more {| ker where I had lodged notice of his having wrong- | ceptions; the one, Randall Ccrell, Eeq in hiscross- | a party; Thad no opportunity of croas-questioningithe | W¢!! @8 those of the United States, Cyeremce. select and agreeable eet omen visiting his hous fully taken off five one hundred dollar notes of the examination said that he was in New York in 1826, | witnesses. A corrupt witness was called on the The defendant was also extensively engaged in ALSO, TWO FINE BOWLING ALLEYS IN THE | Orleans Bank,and $10 of the notes of small denomi- | during certain trials, in which Barker was interesi- | stand who swore that my character was bad, and | the Banking business in New York, which he con- His Bar will always be stocued with the choicest W: 4 | nation of same bank; and he there sold four hun- | €d; that there were at that time various opinions | that 1 w not to be believed on oath. It was sta- | ducted with great usefulness to the community, un- and Segars to be had—also Sherry lges, dred dollars of eaid bank—the man’s dress being about Mr. Barker, but asto his character for truth | ted that for the purpose of concealing my property, | tl broken down by the hostility of the incorporated NN BetEie uperyencate are aaanner Bot to be stirpasee so totally different from that described an hour | 4nd veracity, he had never heard any. one doubt it— | my purchases of real estate we1e not made in my | Banks, which he resisted for a long time. He was abatings een? Uadergone a thorough refitting | He/ore by me, the broker's suspicion was not at first | tat he would believe him with or without his oath; | own name, and that it was withheld from the firm of | harrassed through all the Courts with litigation, as [gh ay will please to communicate any negleet of | excited ; a partner coming in, caused notice to be that he had known him a long time—that his word | Horace Bean & Co. for the same unworthy purpose. | has been proven to you from the books read, and by igaie dendergy aunt ot MON’ given to me, while said Hosea was counting the | “88 sufficient for him. You have heard what the witness said on these | legislative proceedings, session after session, until mehi6 tm?r TEVERDE. .. | specie received for these $400, and which he did not | _ The other, Mr. Muh, a gentleman brought here | subjects, 1 was not a party to these proceedings, | he had finally to yield’ to powertoo mighty for one METALLIC RAZOR STROP =| as before take away without counting. I repaired | Several times to give testimony against his will, and | and if Lam to be held answerable tor the result, | Manto resist; andin turn these monied aristocracies wits FOUR SIDES, invented by - OR immediately to the broker's office, and demanded required by the Court to answer aqu jon propound- ¢ 1 certainly should have an opportunity to | have had to yield tothe pressure of public opinion. for keeping Razors always orde: produces | the notes; he insisted that he had left them with | €¢ by me, indulged in a mortifying expression | contest the matter from beginning to end. _ Agai which bids fair to root themall out, and theirdown- me ; the four one hundred dollar notes and the spe- which he atterwards explained, by saying he did not | the testimony did not sustain the pleadings.— | fall is as much to be ascribed to legislative action, Tas 4 cie were left with the broker, and the said Hosea | know anything to the prejudice of Mr. Barker, that | The plaintiff was charged: with felomously ta- | publications, stockholders’ meetings aad injudicious of, having been for the lat twe accompanied me to the office of the Recorder, | ‘he opinion he expressed was founded on report, | king away the money of Jacob Barker. My | interference, aste the mismanagement and frauds se in eeeny 4 a, cutlery Let Ki where I made oath of the facta, describing the | that he had nothad any dealings with him, and you, | testimony, and that of all othera, went to prove that | of the managers; and those institutions, as mine re acknowle: equal, notes as well as the bank which had issued them, | ¢atlemen of the Jury, witnessed the unfortunate | it was the money of my son which he took away. | was, are considered free plunder—the debtors in which had been taken away by said Hosea. He | state of feeling the witness was under for the mo- | For this variation, although purely technical, he | most cases avoiding the payment of their debts aw was then taken to another room apart {rom me, and | Ment. _ With these two exceptions, the whole test - vee ‘ rs 4 was eau ese aie coastal, Surely tnis was not Ue . vee Nal = Le rman) case oH searched by order of the Recorder, and there were | Mony in my favor was triumphant, to my heart’s | my fait. ‘The affidavit I made betore the Recorder | the United States Bank, which would certainly ‘possess! from the | found on tifa ‘one note of the Bank of Orleans of | content. rom my varied ‘and large operations dor- | on wich be was contined, expressly stated it was have been able 19, have peid its fei pas Joe woh aghoctag te pay nian 9}00 in Reukey mn taking into consideration the wor, | (ke denomination of one hundred dollars, and | Ins seven years, It was strange that not @ man | from the office of my son that the money was taken. | the famous stockholders’ meeting, and the exciting | co? as sinatehed oe siteemen eunuiiond we 10 interest in the sale af the article: aed | Small notes of the same bank to the amount of ten | Could be found in this city to say aught against | Whether his counsel perceived or urged this objec- | publications and occurrences which followed in ra- | | As we sta proven te be imreproachable by gentlemen ie thefrterinony without olicittion, speaks volumes in it dollars, the exact amount including the {our hundred | ™€- ase close uf theteatl , tion or not, is totally immaterial; it is enough to | pid succession. These co as rote he ihe of the highest respectability, ‘Shoes, depositions were te- . ly Bt t n deemed worthy of | dollars, left at the broker’s office, all of the Bank of | | Att! app ink bade ait A Mita of the pro- | show how unsafe it would be to consider any ac- | best interests of the Bank as was the ripanke cre | Ke before Judge Jackson. "The evidence for the defence i the on pe “y Orleans, and of the precise denominations described | Scution, Mr. Duncan offered himself asa witness, | quittal justifiable cause of prosecution. If it was | ment of Mr. Biddle and his successors. Banks are | also went to show that the accused had about $1000 in factory to the public, the names of | by Mr. Barker to the broker betore the arrest of | (0 Prove that Hosea Barker had paid his brother, | proper to introduce the Attorney General and the | the mere creatures of credit—it is a work requiring | Orleans Bank notes, afew days previous to his arrest. ven caruifcates upto the, merits of losea, and to the Recorder before he was search- | Greer B. Chea E ay su or bee nd counsel, That megs eeaiael they syst both state Woes ant peat cate fe fet upa = be gerne Hes ee evidence closed, an honest Jacob dountlens be et cp pm ed. $250 to get him clear. | objected to his being sworn; | that from the evidence adduced on that hi the public individually have no interestin maintain- | imagined he had made out a clear case. His ev! A Griscom, Dr. 5 b that t et ed fail st dispute, with the exception of five dol- } too good to be lost, saying, “they have got the whole | of the general panel but not on the particular panel? | will ruin any bank dependant on circulation, ne jalldcy fommowapmer ete not enough to pay the | except five dollars leit with Licesa Barker—not | That he, with very many others of the general panel, er generally are. Wall street. ‘te | man’s being a man of impr easaet evidence of the } enough to pay. his passage home, or the jailor’s fee | sat in Court and beard all the evidence, and that it ‘inding myself unable to. meet my engageme ralea tune aor | hands of gamblers, then found hoy firat fell into the | for releasing him—take that down.” Nopart of tne | was his, and the unanimous opinion of all those | puoctually, [threw open my storehouses to my er bank paper. and then into the hee with broken | testimony, no circumstance which has occurred in | about him, that the plaintifl was guilty. ditors, and handed out my teas, iron, salt, hemp, licernen, and finally into the joe's of the brokers, | the case, ‘so much surprised me asthe offering of | If Captain Harper did wrong in handeufling the | dry goods, and other commodities, and at one time he must indeed, said Mr. Barker fe tte lawyers; | this testimony by Mr. Duncan, without having Geen | plaintifi orin marching him in irons tw ¢ through | ad 48 many assix auctioneers selling for Exchange had fallen into the hands of the Phils ese ete | required to. do so, or in any way, by imputation or | the streets—if the jailortreated him inhumanely—it | Bank Notes; and what was not paid in that way notice had been sent me by Mr. Smith ter foe tic | otherwise, interrogated on the subject. Take this, | the Attorney General or District Attorney toted im: | has been since paid from my new earnings, so far as ANA SEGARS—The lovers of varppee of ascertaining wheter orn » he, for the | with the letter of Greer B. Duncan, asking me for properly, their acts do not furnish any reason for | has been in my power; and as to my New Orleans F would do well to eall wt 190 Brose te Pate that Thad described. inquired of te he was the } ten thousand dollars, and the numerous abusive ar- | your putting your hand into my pocket and taking | debts they have all been paid, with the exception of De dayne Wp ty verty and Cedar atr whether or not he had any gold or alte Hosea } ticles which a peared in the ne pers, all from } out 10,000 dollars, and transferring it to that of the | perhapsa single thousand dol'ars. ue Soaps temeed fenaree all ey te the city FP replied that he had not any. Now pan which | their tenor and import appearing to emanate from | Duncans; and if you should give any such verdict, {tis not to be disguised that { was unfortunate in mis meer A wa even. [ihe jury, said Mr. Barker, whlelwas VOU to emol | the same source, furnishes sirong evidence of at-| you cannot doubt what would be done with the grannies (a VERIO BLACK A> | the ‘said Hosea’s conduct with all possible liberali nang to levy black “t yy aoe be ; ey, when yes. ie how that already taken | accepting a discharge fram my debts, further ae ‘ea, 20 highly celebrated » ead tea oparai I ty,1 ask you to say,on your oaths, whether in the face sueceed—not the first picayune was ob- | has been appropriated, it Ot D the protection of my person trom imprisoumen yz iust im Tot these fa proved by the most indisputable teat; tained by either the editor or the counsel, except the Gentlemen of the Jury, men in high places are | and these misfortunes have subjected mr to preyi- it Chinese mony, youcan doubt that he took away the specie O20, thro feria tostremmanvality of ie pleintift i prseeys to co wees with pnp ane are | dice at the North, and these prejudices have been mi imer B wi G thefbank notes? How was i 1 petition written and signed by Greer | all amenable to the law. e bave no king, ne | connected with this affair, and but for the over 6 ko ital bate i) i. Duncan, Mr, Barker said, ‘Gentlemen of the | other master than the law. Judge, Jury, Attorney | whelming testimony in my favor, the plainull’s vei twelve men could be emp: inth ria waren be Induced to belive honest Ja- ob’ asseverations. So much for character. oor ne Distriat Attorney read the law applicable to the case. made a brief but pertinent address, in We panetvelthe absurdity of the idea that the’ ae- cused conid have “headed” Honest Jacob Barker. Felix Huston, dhe caivalrous and talented Kentuckian, followed in the defence, aod overhauled honest Jacob’s character in a manner perfectly ‘killing.’ He said it was a race between the Barkers, aud ifone was to receivethe penality of the law—if one was to be steiped- why, in all conscience, let Jacob get it—he was better able to bear it, for he was already streaked aud striped! It was anovel notion, he said, that an honest man from the country shonld attempt to swindle a broker, and that broker Ja- cob Barker! We have never listened to a more ¢ clear and caustic adress, and houest Jacob will remem ber it through life. ‘The District Attorney closed the case,and after acharge business, gave ¥ all ny property without asking or G