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

April 2, 1843 Tarihli The New York Herald Gazetesi Sayfa 1
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wmmm TH Vol. IX.?Ho. M.?WkoU Ho. 3303. To the Public. THE NEW YORK HERALD?daily newspaper?pub llshe-1 every day ot the year except New Year's day end Fourth of July. Price 3 cents per copy?or g7 3# per annum? postagos paid?cash in advance. THE WEEKLY HERALD-published every Saturday morning?price 8J cents per copy, or (3 19 per annumpostages paid?cash in advance. ADVERTISERS are informed that the circulation ol the Herald is over THIRTY THOUSAND, and increasing ast. It hat the largeit circulation of any paper t'n thit city, or the world, and it therefore, the best channel for butineti men in the city or country. Prices moderate?cash in advance. PRINTING of all kinds, executed at the most moderati prices, and in the most elegant style. JAMES GORDON BENNETT, Proprietor er the Hkbai.d EiTtiLiiHMcirr, Northweat cornet of Fulton and Nassau street*. MA HOUSES TO LET AT YORKV1LLE.-* large houses oil the corner of ttlh street and 3d avenue; eithei .InA&o.f then is calculated for a public house, grocery or priv,je " "'ur.'ice. On the premises is a fine stable, towliug alley and a hue garden, consisting of 8 iota, with (rape vines and fruit trees thereon. For terms, man ire of JOHN A. MORRILL, Esq., 2wr No. 11 Chambers St. JM TO LET?The Upper part ot the store No. 7 New flreot, a few doors from Wall street; the second stori e^hBLhas two offices, and it is adapted for a merchant or law. rer. Alio, the three story house 34 Walker at, between Broidwat and t.hnrch at, an eacellen: situation for a genteel family, oc cupted by Mr. Verphnck. The brick store corner of Pike and Cherry streets, oceupi ed by Messrs. Valentine 11 Co., as a teed store, a aesirabli situation. The convenient two story house with attic rooms, basement and counter celler, No. (29 Nineteenth street, occupied by Mr Weeks The two story brick house, No. 73 Gold street, one doorfrou Spruce St., formerly ewuea by Mr. Miles Hitchcock. Tht reats will be moderate. Appiy to MR. DELAPLA1NE, 68 Wall street, m6 lm*r in cfliec No. 9, cor, ef Water st. M TO LET.?In Deau street, near Smith street, Brook lyn, the splendid three story home, finished in the besi manner, with two lots ef (round attached. Also, coacl house, stables, kc. A variety of the most choice grape vines Also, several Irnit treets, with a well end pump of excellent spring water on the premises. This property is well calculater or the accommodation of a respectable family, te whom it wM be let for one year or more on accommodating terms, by apply ingto JOSEPH McMURRAY, _ mS r IIHI P?ne street. k|A ' TO LET? \ pleasant two story house, containing ! pr!V bed rmms, anopengariet, two sitting rooms, front an< ijyLbick basement. > ood cis'ern ol water, grass platt frost and ienr. Inquire ar95 Eldridge st. Also, to lei, two r->oms, basement and cellar, enquire at 24 Division st mil Iw'rc JML TO LET?The Are proof brick slore. No. 105 duud ffrW St, with immediate ro?*a?ion if reunited. app'y to JbilSL WOODHULL & MINI URN, m'tsr S7 South street. TO I.ET?The two story trick House and premnes No. 143 Wooster street, finished in the most modctl style, with maible mantel-pirces sad folding door houi. Apply to JOSEPH McMVHRAY, m2Dr 100 Pipe sireet. MTO LET?A Sail Loft >n store No. 01 South street ou reasonable terms. Apply to JOHN HKRDMAN. m'Mr On-the piemiset. kd OFFICES TO LET?In store No. 6? Sooth street ffil Apply to JOSEPH McMURRAY, "II 100 Tine street. f flee MTO GAHDENKRS?To Lit, three miles Iron Boston, a Cottage, with sufficient grcund for a marke Garden, including a large greenhouse of grape vinrs 'I o a person of small meant ana good character, the rent wili be 'aw. App'y to m* 3t end re J. W|NSU)WH, 30 Bouth street. oVsTkR b*V. ?. i. JmL VILLAGE HOTEL TO LET, for one or moti ]?? years. The premises of ihe late Towmend Pariah .^ilL'Oinitiug of two building', tiich two stones high, oni ill I'V 30 feet the other 33 by <5 feet, aid connected together b; a pi :77. i. Altohrrnv c image house and hone sheds, a largi anil v*rv superior kitchen g.ivV n. and orchard, and twelvi acres of en client laud. The W-mb at Atretic ?n Eagle run to the village three times per week; stages twice |ier day li Hickrille, the railroad depot. The roads in the vicinity so good and scenery nosnrp.siiuglr romantic. The hay is a nonl oae in every particular. Any further information can be oil tained by applying to 8. H TOWV3EMD, near the premises, mS#eodSt*r orofE LUOLAM, '2 Suffolk si, N. V. SPACIOUS AND KAhHIONABLE HOTEL IN PHILADELPHIA. AaA THE faahian ble Hotel, Marshall House, capable o WvJ accommod tling ISO persons, situate in Chestnut streel pill h,i?.?, 6tn and Tth streets in fhilydelphia,having bcei re re nil V much improved and repaired throughout, is to be le at a reduced rent, fur a term of years. Apply to SAMUEL POWEL. 207 Chestnut street, or to JOSEPH B. TOWN8END, m21 ?taw lm*r 309 Arch street. ~jii T() LET?The two thiee story Brick Dwelliu Louses Nos 33 and 35 Front street. Brooklyn, u< JlliL tween Fu'ton anil Catherine ferries. Eiiqnireof JOHN BKNSOil, 17 Front at, Brooult n. or 81 Water Street, New Y"tk Also, store No. 3H and 1C Water street. Apply as above. m3' 3tT PENNSYLVANIA HOTEL?This ex-silent h>u. is novr to let. It is situated on the cor er of Washing fou an I Liberty strcrtr, end will be leased to any g io main. torn the lirst of nest May. It has lately bteu muco en larg.il i nd improved, and is con'igur us to the Jersey Ferry Albany boat Pier, aid Western R'ilroad Depots. F"r turther t srticulers, enquire el E. KULKM AN, No. 18 Washington sure*.. New York. ^ m31 I warn TO LET?The House No. 14 Frankfort street, suit fffrW able for a Public House, that bur mess having bee I"lM rirrieH nn for uime timp. fid ih? kiMimIioii it i-mtv nd vau.ayeotia, and the hou>e already established. Apply oa th premies,op stairs, in 'he buck room. inji 4l*r FAnM Full bALK confining 33 acres, we grcste pCqil'ari or which is meadow and plough land, with a g oo< ^A?.eoung aprle orchard, with a variety of cherr.es, pea.i and plauibs, aud other fruit. The buildings, consisting o| good bars, cuts hopse, carriage house, corn crib, andsnedi lor cattle, togeUtgr WiJi a good dwelling l.wuse and will i water at me doona sufficiency of firewood; there is a neve (ailing stream of water running through the laud. The abov farm * aitna'ed about three miles from Elizabeth town, N.J en the main road to Westlield, aud within two hundred yard ol the stopping place of the Elizabelhtown and Somervill Kxilroad cart. Any further description n net necessary, persous wishing to purchase will view for themselves. Fc price laruculais, arply to John D. Murdoch, on tl.e pr< mis. s, or Jame. Duff. No. 141 Rivington street, N. Y. N B?This would be a desirable location for a person dcin business in New Yo.lt, being within two hours ride of th city. March Itth. 1813. m?0 2w*ec TOD HMORANUE having uken the Marshall House, corue of Broadway and Heed street, and fitted it uo comma diously for the reception ofboardere. would most respectfull announce to the lirarlities in the United States, that be ha ample accommodation for a large number of gentlemen, wit or without their wives, during the Paitover Holidays. Pel tons feeling desirous of making the Marshall House thtir horn for any period, will find th*t uo att.-nncn or expense thai* b spared to reader them comfortable, and the prices moderate t suit the times. n?21 2w*r MRS. N. FURLONG, 461 Broadway, one door aboi Giaud street, and l-GH Bowery, (Succt ssor to A. J. El Sel, formerly A. A. Molt,) will open Paris Millinery on Tnei ay, April 4ih. mil 6:?r YMiLlsH AUV EH'l ISEMSNT?Notice to Maulers a V Vessels and oth. rs visiting Liverpool ou business or plea sure?Mrs. Uoraueh, late of the Washington Hotel, beg respectfully ta inform her numerous American friends, the the has removed from Saint fan I. Square to No. 36 Duke atreel Liverpool, a few minutes walk from the Custom House, whic private house is fitted up with every comfort and convenience and trusts to be favored with a continnauce of that support t many years afforded in her. tn4 lent BILLIARD SALOON. NO. 3 BARCLAY STREET, THREE DOORS BELOV THE AMERICAN HOTEL. DR1CE REDUCED to Oue Shilling per Hundred, from * AM. P M.?The subscriber informs his friends an the m hlig? in ownanl rl.ar mm I... la. sr.. M,.m R.ll.sa.. 'T .LI 2. 1 separate apaitineu's?two in iheui per front saloon?two iu th rear saloon, anil on* in the front room?all in first rate oider. Rach get tlrmau visiting the establishment will be luruishe with a private Cue, for hiaeapecial nae?the tablet being in ail lerent apartment*. Uie proprietor thinki it will render itmor select and agreeable to gentlemen visiting Ins house. ALSO. TWO FINE BOW LINO ALLKYH IN THI BABR-MEM'. , His Bar will always he stocsed with the choicest Winn am Liquors and the beat Brgars to be had?also Sherry (Jobbings Mint Juleps, ('undies; mule in n manner uotto he surpassed N 'The apartments hare undergone a thorough relitum ?new paper, panning, die.. Q^7"0entlenien will please to communicate aev neglect o I duty of the attendants, at the bar. b'MANCifl MONTKVKRDE. I mchl* 1m*r t Bsrcay street. METALLIC RAZOR STROP WITH FOUK SIDRB, imeuted by O BAUNDRHB I Vv lor keeping Haaors always in order?it produce la smooth and thin edge to a laaor in a tenth parr of th Itime required on a hone, without using oil or water No othe lame r of the kind haa aver been to uniiersallv known and at Iproved of, having b? n for the laal twenty-live yeara in cons tan lust in nearly all the cutlery establiahmenie in K.arnpe, am there acknowledged to have no equal. In New York Kiin it waa invented, it reewved first premiums at the ?mrri Iran Institute every time it was presented for competition, am Inuuaiiy t witnoutine aia nr pamng,) established rrpuuitioi a ill nana of America, ef being the oolr Kaior Swop that wil ie?p raters in perfect order. Certificate* are n tho potiea?ioo or the inventor from lb mini scientific gentlemen of both eoantnei, speakmg highly o heir superiority. When taking into consideration that thoa rntlemsn haee no interest in, the tale nf .he article, sw :i?e tltrir testimony without solicitation, simake volumes in it avor. It is the only Strop that has been deemed worthy o miration and counterfeiting. The great number of those alooi sonlu stamp it at being the climax ol perfection. Tknt It may be moie satisfactory to the public, the names o hose gentlemen who have giveu certificates as to the merits o he Strop are here imblishcd?General James Tallinadge, Presi lent of the Americeu lustitnte ; Prof. John Uriscom, Dr. Va euline Mott, and Mr. Millikeu, cntler to the Royal Navy, 10 ttrand. Mannfacloty HI Broadwny. New York ml lm*r London and Manchester, inuia huh ber hoods. IITHOLkiSALE AND RETAIL, No. Wall tire: I. Tb ft subscriber hit received aud offers foi tale a large assort kent of Imported India Rnbber Water Prool tioods, nr: I Gouts and Capes, of snnrrwr Lama, CasVtmor* L&ma, Persian Marino and Cotton, ol all colors and ?iv * [Cloth?India Rubber, Water Proof, sonar Lama, f.aira Tel tan and Cotton. MMM for t. ilora. I ludia Rubber Webbiuas for >?'tpenders, eoreeta, lie | t?tm'i CHAW. ABRAHAM:-nM Ly.AL HAVANA S EG AIW.?The lovers ol n genuiin Tnrtoni, between Lifetrly am) Cedu afraMji t which place they eaa hnd the larireet Maerlment In the cit? r the ehf.ee named Iniury. Oil ami he ealiefied 1 A Nnt.TiCMr.YKH. PO THK LOVKHM OK m I h-KIOIl BLACK~FkT.T UttJ"' Miitnre?Thi? ritreinjiy dclicn,ne and nnparai WT?, ?o hiKhly cele hinted in Ch.na end Karope, jue t U ?rU<Ll.I.,..n?W..for *' ^ TeaCompe.V'itJenerl M Ketahliehmcnt, 111 Chailiamet. New Ye? i?in Chinei. ickecee. Prion M oenu end |k ml* InS? [E NE N MR. JACOB BARKER'S SPEECH, II* THE CAIE OF BARKER vs. BARKER, IN THE PARISH COURT. , The Speech of Jacob Barker, before the Parish Court, in his own Defence, against a Claim Preferred by Hosea Barker, for Ten Thousanti Dollars Duma* is rret /'rtf /1M All*.l r ?*.! TWf* I i/m'/x , m Pf/Iifl/1 tit I fftl Ctf Std id Hotea for Felony, S(h Feb. 1843. May it please the Court?Gentlemen of the Jury? i 1 had expected the. services of the honorable Randall Hunt in the conduct of this cause, but his legislative duties detain him elsewhere; and being very anxious to have this affair terminated and brought before the public, I will proceed, painful aud mortily( ing as it is to be obliged to talk about one's self, i Knowing full well the force and application of the r adage, which says, "he who attempts to conduct his own cause in court has a fool for a client," I still [ hope to convince you,before lhave done with these men, that this rule like most others is not without an exception Trusting to your indulgence, J shall assume r that the plaintiff is a man of impulse. It is not necessary for my purpose to enquire whether or not r he was a confirmed thief and gambler, as a virtuous . course of life usually precedes the first offence of all sinners. Whose character stood better than that of J the numerous officers of the banks, who are now subject to the severest imputations! Who could t have procured more testimony of their spotless cha racter, before the recent criminal disclosures!?and , would such testimony of previous good character > convince you that they have not improperly used the money of the banks! The counsel for tlie plaintiff tells you that he doca ; not think I intended to steal the man's money? t only.a malicious prosecution. ' ^How could I have felt malice towards an entire j stranger in humble life, whom 1 had never before l seen?whose name I did not then know, and whose position was not such as to excite animosity, or lead " to fear of rivalry. It would have been a most extraordinary feeling to have existed towards a profitable customer at his first visit, with whom there had J not been an unpleasant word. It would have been [ the most unnatural feeling in the world. No, Gentlemen of the Jury, I am either faultless or guilty of l perjury, with the attempt to defraud a poor man out _ of $255? the greatest offences man cannot commit. 1 There is no middle course?no mitigating circumstances, and you have to decide the single question of my guilt or innocence?it can neither be comproi mined nor divided. ? *Mr. Barker went onto say, in support of Hosea Barker bejng a man ef impulse, that the testimony exhibited him to have been an overseer of a plan\ tation on Red River for three years, at a salary of $600 per annum; that he bore a good character with his employer and his neighbors; that he had saved - money with which he left for New Orleans; that he ' took the boat on which he came here at the mouth of Red River; that he joined a set of gamblers on ? board of said boat, and took his seat at the table im> mediately after breakfast and gambled all day and ' until they reached the neighborhood of the city, i where a settlement took phtce among the parties? that to one of (hem, the said Hosea paid a hundred dollar note of the Orleans Bank; and presented ano ther, ot same denomination, but ot what bank did e, not appear, fram which several others were paid s small sums which they had won Irom the said Ho r sea. Now I contend that we are bound to considet, e from the good charactertestified to, that it was the * result of impulse, from sudden temptation, that he 0 went to the (taming table, and that he was not a ree gular gambler. e On landing he found that the Bank of Orleans, in whose paper his whole funds, or nearly so,had been vested, had tailed, and the notes only worth filty - cents on the dollar, and the whole community crying out fraud against the banks, and holding the bro>f kers answerable tor the depreciation of the paper of ' the banks and of the municipalities, accusing them Jt of robbing the poor and the laboring part of the community Under these impressions he goes to a broker's office, and says he has notes ot the Bank of Orleans to the amount of $510, and sells them at 50 ( cents on the dollar, exhibiting the same, consisting of five one hundred dollar notes, and the residue in emallar notes of same bank. He required specie in payment, and there not being a sufficient amount in that office, I proceeded to my own office and sent it _ round to the clerk of my son, in whose office, and * for whose account the bargain was made; the money d was placed on the counter, and the clerk called said i- Hoses to fuffii his bargain. He said he was to have ' had one hundred dollars in dimes, ten to the dollar, 0 when two hundred dollars had been sent in quarters and the residue in gold. The clerk told Hosea that " he did not understand it so, but that if that was the ii bargain, he had better go and see Mr. Barker, who J would correct the mistake, offering to send the boy to show him where Mr. Barker was- he refused to ^ go, saying the old man, meaning Mr. Barker, had 1 got his money, and he supposed he should not see him again that day. The clerk again urged on him * to go, telling him it was only round the corner, a >r tew nunareu yaras on. ne persisted in nis retusai " and took the specie from the counter and went c away with it, without counting, repeating that he ( ' had given the old man the notes of the Bank of Ore leans. The clerk was surprised that he should so " easily yield the question of dimes?the diflerence, ! as they were going, worth twenty-five dollars, and take the money without counting; but not sus* pecting fraud, and confiding in the declaration of said Hosea, that he had delivered the notes to me, he did not interpose any objection; the whole time ir he remained in the office after the specie came was h proved not to have exceeded two minutes, a portion J of which was occupied in discussing the question of h dimes; consequently this was an action from the imr pulse of the moment, and not a premeditated, prel concerted fraud. The whole atmosphere being fillo ed with denunciations against the banks and the brokers, tnis man, no doubt, from his peculiarly sufe fering condition, partook of the same feeling, and J. may not have reflected on the enormity of his offence any more than the mob did. who soon after followr. ed tin the attack on the brokers cenerallv. i- With the specie the said Hosea proceeded to a * steamboat, where he engaged a passage to go up ? Red River. Was not this another act of impulse?? b he left the specie with the clerk of the boat, and pro' ceeded to a clothing store and procured an entire 0 new suit of light colored clothes, including hat, leav ing his old dara colored suit, and asked the clerk p where he could sell some notes of the bank of Orleans cheapest. The clerk told him he was going to ? the races. "Go with me to sell the money ana 1 J will go with you to the races." Was not this anot ther sudden impulse??to go to the races with so much money, with a person he never before saw?? i. the clerk from the clothing store takes him to a broe ker where I had lodged notice of his having wrongfully taken off five one hundred dollar notes of the ? Orleans Bank.and #10 of the notes of small denomit nation of same bank; and he there sold four hun >. dred dollars of paid bank?the man's dress being so totally different from that described an hour 1 before by me, the broker's suspicion was not at first >1 excited ; a partner coming in, caused notice to hs given to me, while said Hosea was counting the , B|>ecie received for these 9-tOO, and which he did not as before take away without counting. I repaired i immediately to the broker's office, and demanded the notes; he insisted that lie had left them with f me ; the four one hundred dollar notes and the spe' cie were left with the broker, and the said Hosea t accompanied me to the office of the Recorder, ' where I made oath of the facts, describing the ; notes as well as the bank which had issued them, i which had been taken away by said Hosea. He > was then taken to another room apart trom me, and searched by order of the Recorder, and there were ? found on him one note of the Hank of Orleans of t the denomination of one hundred dollars, and J small notes of the same bank to the amount often ? dollars,tha exact amount including the four hundred J dollars, left at the broker's office, all of the Hank of ' P m""' an<* P"ciee denominations described I by Mr. Harker to the broker before the arrest of I Hosea, and to ths Recorder before he was searchI ed. ) To get clear he gives to nis counsel the whole amount in riisntit* u>iik >i. -c r? . 11 - 1 IUC rAVCpiUn UI IITC U?llars, a single Jackson piece, not enough to pay the jailor's fees?wan not this another evidence of the man's being a man of impulse 1 He first fell into the hands of gamblers, then found himself with broken bank paper, and then into the hands of the brokers, ' policemen, and finally into the hands of the lawyers; 1 he must indeed, said Mr. Marker, have thought lie had fallen into the hands of the Philistines. After notice had hven sent me by Mr. Smith, he, for the purpose of ascertaining whether ?r not he was the , man that 1 haddesenbed, inquired of the said Hnsea whether or not he had any gold or silver, to which ' he replied that he had not any Now gentlemen of the jury, said Mr. Marker, while I wish you to view the said Hosea's conduct with all possible liberali iy,I ask you to say,on your oaths,whether in the face of these facts, proved by the most indisputable testi, mony, you can doubt that lie taok away the specie without leaving thejbank notes 1 How was it poaM a *t wr f WJf I 1 EW YORK, SUNDAY M sible for me to have known the amount he had on hand?the denomination of the notes, or of what bank they were, if he had more than he himself had stated 1 If that was not the true amount, why did lie state a false amount 1 Why did he ask the clerk in the clothing store to show him where to find u broker's office, when he had come Irom one, and passed twenty within an hour 1 Why did he only offer $400, when he had $910 in his pocket, if he was not afraid thut oflenng the exact amount t jken from me would expose him tosuspicionl Why deny to Mr.fmith to whom he sold the four hundred dollars, that he had any gold or silver 1 Why such haste to change his clothes before he appeared again among the brokers, if concealment was not his object 1 It was not for the wunt of money, as he did not use in the purchase any part of that taken trorn me : for you will remember that he paid for his new clothes, which cost $16, half in Alabama money and half in Municipality, ullowing the discount on both. This wa9 one ot the many fortunate circumstances which attended the whole transaction ; fortunate because it left the $510 in the notes of the Rank of Orleans untouched, and fortunate because it proves that he might have purchased his new suit before he sold the notes of the Bank of Orleans And what could have been my object for wasting time in the pursuit? the chances of finding a person whose name or residence I did not know, a man I had never before seen, were ten to one against me i and if I did find him, my getting back the moeny, as the result nroved, was very uncertain; having at th? time, us the whole city knows, full occupation ?conducting a heavy business, which required constant personal atteniion?to leave all this and go in search, and when found, to attend at the Police Office, and then before the Grand Jury, and then before the petty jury, for weeks aud "months, which was to have been anticipated, would certainly, in a pecuniary point of view, have been far more detrimental to me than the value ot all the money in dispute. Gentlemen of the Jury, was there ever before such an array ot facts and corroborating circumstances?ever before such perfect harmony? Nothing but the result of truth could have produced them?human ingenuity is not equal to the task?it is impossible, as the work of man?with God, nothing is impossible, as is evidenced by the perfection and splendor of his glorious creation of the world and all tUiugs therein, down to the smallest insect which fills the air we inhale; yet while 1 do not doubt his power, I am not a believer in Divine interposition in the ordinary affairs of men. It would greatly diminish our responsibility, and do away with the proposition?there is good and evil, take which you will, and abide the consequences. If there is such interferences, it was not likely to hav? been exerted to protect me in sin. No, Gentlemen ot the Jury, this wonderful harmony of the corroborating circumstances, sustaining my oath, which ' has burnt in from all quarters, is the result ol truth, ot causi' and etlect: it cannot have been any thing else. It must reniindyou of your exercises in childhood, putting together the map which had been divided into many pieces, to call into activity your infant faculties: for a long time you thought some pieces had been lost, ?r some pieces added that did not belong there, aByou could not make them fit; at length they were all made kto fit, at which you were electrified and instantly called out?they are all here, they are all right, not a piece lost! So in this case, the $510 were found, no more, no less, of the precise denominations described by me, and of the flank described?fitting as perfectly as the pieces of the child's map. It was malice, says my antagonist, adding, "Ida not believe the defendant intended to steal the poor man's money." Malice, indeed ! could there be any malice against a man I had never before seen 1 Invoking your recollection as to what all the witnesses have said about my kind disposition and freedom from malice from my boyhood, I will proceed to delineate the wicked character of these proceedings, emanating from the single passion of avarice, for which I shall not attempt to hold the plaintiffanswerable. No one can suppose him capable ot snch proceedings, or that he would have thought of them had he not been instigated' thereto by others. He was in haste to go home, and well lie might be; he had come away with $710, the savings ol three years' hard work, two hundred of which, with a trifling exception, he gambles away, in the passage down: one half he loses by the failure of the Bank of Orleans; with the change he gets from the gamblers, be purchases a new suit of clothes, leaving him in |K>secssion of a three dollar Municipality nrte, exclusive of the specie taken from ('anal street. Under such circumstances he could Dot have thouhgt of instituting these proceedings, if he had not been instigated by others; and, Gentlemen of the Jury, from the facts that have been disclosed, I am sure it you had the power you would, by your verdict, make Greer B Duncan disgorge his ill-gotten gains; but you have not that power; yet you cannot resist the conviction that Mr. Duncan compares most unfavorably with Hosea Barker. Suppose the latter was ihe unoffending, hard working, poor, and unfortunate overseer, in estrange land, oppressed by Jacob Barker, a9 represented by Mr Duncan, was it kind, was u just, was it liberal to take from this poor stranger his all, $250, in a case where the whole amount in dispute whs only $235, and which was ended in six or eight days? It is the counsel I shall hold answerable tor all that has been done, and all that shall yet be done in the matter. Lucius C Duncan, Esq., tells you he was not at the criminal trial, and knows nothing about the tacts. 1 do not hold him answerable for the pleadings in this cause?it wus Greer B. Duncan that I came here to battle, and I am very sorry he is absent. He, however, went away, knowing, if he was hero, that I should hurl at him defiance as I cow do at his brothor, and bid him go on and spare not; exerting all his eloquence and all his inSenuity in this unholy cause, which 1 know he will o; and although 1 accept the gentleman's disclaimer of all previous knowledge, he now knows all which his brother knew, ana which, Gentlemen ol the Jury, von now know; and as he now goes on upholding him therein to the utmost of his capacity, I hold him answerable equally with his brother?one the principal, the other the endorser?and before 1 have done with them, 1 hope, Gentlemen of the Jury, to convince yon that I have paid them principal and interest, for this debt they have imposed on me, whether T pay my other debts or not. They have chosen this place lor their battle field? let them not complain at the consequences. It is a war of extermination, at this time of life, threescore and three, and without a professional education I connot compete on equal terms with the grave logic or eloquence of this master spirit; but I may teach him some lessons of decorum in Ins profession. You noticed thefconvulsive twitch of his muscles,bow he noppra across ine noor netore you, wnen a venerable old man on the stand, after telling you he had known Jacob Barker for fifty years, that his character for truth and veracity was good, said, in answer io the auestion of this gentleman, "What, good in New Ynrkl Yes, got din New York?none better; his word, without his oath, was enough;" and so said all the witnesses, with two trifling exceptions; the one, RandallC<rell, Etq .in hiscrnssexamination said that he was in New York in 1826, during certain trials, in which Barker was interested; that there were at that time various opinions about N'.r Barker, but as to his character for truth and veracity, he had never heard any one doubt it? that he would believe him with or without his oath; that he had known him a long time?that his word was sufficient lor him. The other, Mr. Mult, a gentleman brought here several times to give testimony against his will, and required by the Court to answer aquestion propounded by me indulged in a mortifying expression which he afterwards explained, by saying ho did not know anything to the prejudice of Mr Barker, that the opinion he expressed was founded on report, that he had not had any dealings with him, und you, Gentlemen of the Jutyr, witnessed the unfortunate state of feeling the witness was under lor the moment. With these two exceptions, the whole testimony in mv favor was triumphant, to my heart's content From my varied and large operations during seven years, it was strange that not a man could be found in this city to say aught against me. At the close of the testimony on the part of the prooi>ntirinn Mr Dnnr?an n flpri?n Itintaoll na a I to prove that Hosea Barker had paid his brother, Greer B. Duncan, Esq ., and his associate counsel, #2fi0 to get hiin clear. 1 objected to his being sworn; it was enough that he stated the tact, and I requested the clerk to take it down immediately, as being too good to be lost, snying, "they have got the whole except Hve dollars lelt with Hosea Barker?not enough to pay his passage home, or the jailor'a fee

lor releasing him? take that down." Nopart ol tne testimony, no circumstance which has occurred in the case, so much surprised me as the ollering of this testimony by Mr. Duncan, without having been required to do so, or in any way, by imputation or otherwise, interrogated on the subject. Take this, with the letter of Greer B. Duncan, asking me for irn innusuna collars, sun me numerous auusive ariicl?*n which appeared in the newspapers, all 1 rom their tenor ami import appearing to emanate from thenHine source, furnishes slroriK evidence of attempting to levy black mail with a vengeance. Hut it did not succeed?not the lirst picayune eras obtained by either the editor or the counsel, except the WW. through the instrumentality of ilie plaictift". Heading the |ietii|on written and signed by (freer B. Duncan, Mr. Barker said, "Gentlemet oi the >rk : ORNING, APRIL 2, 184 Jury, in comparing the faclsof iliin cti9e, all known to tne plaintiff's counsel when h? drew up those vile charges, with the exception that it was not proven on the criminal trial, as it has h?en here, that the Cashier of the establishment in Canalstreet, as well as the Cashier of the offiee in Common street, kept a record of the different description* of the uncurr^-nt money bought ami sold, and settled their eaih every night,and that tln-y neitlu-r had, from the day previous to the day altrr, sold a dollar of the notes <>l the Bank of Orb-ana; that at the Canal street office, not a single note of that bank of the demoninution of $100 had been purchased, and that all the purchases during the time, in the aggregate, did not amount to more than one halt the sum in question; which forbids the idea that in the confusion arising front a preat press of business, the notes had been placed in the drawer at the office and forgotten by me. With this exception, said Mr Barker, all the facts now known to you were known to the plaintiffs counsel when he trimmed his midnight lamp, dipped his pen in gall, and indited the calumnies which lie aftsrwards, on my failingto contribute to his inordinate appetite fur goldt places on file in this Court, where they must remain in perpetuity, to the prejudice of myself and my family, as long as ink. and paper endure. What can you think, gentlemen, of a member of this honorable profession, who will proceed thus against another member, with whom he is on t-rnis of friendship, and daily intercourse?preferring charges, which, if true, would forever blight his fair name in the evening of his life, and render eve ry member of his large family miserable?a family who are breathless with solicitude whenever the slightest whisper of suspicion is uttered against any one ol them. Gentlemen of the Jury, you must, on hearing the proofs, have involunturily exclaimed, in your hearts, in the language of the Doge of Venice, "does he yet live 1" Now, Gentlemen of the Jary, I have not any thing to say about the private character or general practice of the Duncans, oreither of them. I have not, I shall not attempt to enquire in the other Courts, or elsewhere, whether any attempt has been made to impeach them. In this particular I will requite their evil with good, while I ahull handle them with the utmost severity for what appertains to this suit. The anjtry passions of men have been excited by the cry of Abolition principles. My most praiseworthy acts hare been tortured into misdeeds before the Court where Hosea Barker was criminally tried, and before the public through the press; I have therefore a right to apprehend a repetition of this dishonorable course when too late to reply. Mr. Duncan has the closing argument, he has the last word, when I ani bound to submit in silence. Gentlemen of the Jury,! beseech you to watch this man closely, and to follow him through all his windings and fallacies. You have seen liovv unscrupulously he substituted fiction for fact, how solemnly he averred that the plaintiff was not arrested till the (allowing day after his visit to the Canal eiret-t office, and that he waited a half hour in that oflicr after the money was brought round from Common street; when the proof was most positive that he wasarrested in about an hour from h;s first interview with the defendant, and thn< he went off with the specie without counting it in two minutes or less eiier it was brought into the Canal street office?this is sufficient to put me and you on our guard as tc any statement he may make. You will recollect that in the pleadings, I am held answerable for the treatment of the prisoner during his detention. Is not this monstrous 1 1 am not your law maker, nor your jailor. That he was illy treated when a prisoner, I am ready to oelieve from my own observation in other cases. On one occasion I was employed professionally to interpose for the release of six men who had been long confined, and made to work on your highway in chains, and this too without j hearing, and in direct violation of the Constitution which declares in effect that no man shall he pun ished without a trial oy his peers. Five of thosi men were,by the Recorder, from their complexion pronounced free without any other evidence?ar imperishable certificate, winch should have prptec ted them from arrest, and if errested in the night should have liberated them at the first dawn oi day. Notwithstanding the wrong which had been donr them, their detention was continued for the pay ment of their jail fees and board, which they were totally unable to pay. I had some of them brought before his Honor Judge Walts, who after a full argument, decreed their release without any such payment, the detention having been unlawful?and this praiseworthy act has beenfrnadea fruitful|*ource by the press, and in the cause before the Criminal Court, of abuse of Jacob Barker, when it should have commended him to the wise and the pood. So far from being favorably disposed towards Abolitionists, I would hang them as quick as any man in Louisiana, if they came here to interfere with our institutions. Your Grand Jurors have often enquired into the treatmrnt of prisoners, your newspapers have teemed with reports of their improper treat ment, which no man deplore* more than I do, and no man would go further to correct those abuses; and yet the p endings in this cause say, that Hosea Barker was marched through the street twice, handcuffed, and that Jacob Barker ought to be made to nay therelor. Monstrous! I never knew that such had been the tact until I read the pleadings in thif cause. They say also, that I caused the Attorney General to hie the information to put him on hu trial; in which there is not one word of truth, further than that such mensures were the legal result oftmyfhaving made the complaint on which he was arrested. Not content with this intendment ol law, I am charged especially with these acts, and thev are said to have been done for a wicked and malicious purpose. It was my duty to make the complaint, as it is that nt every good citizen, when he is knowing to any offence having been committed against the laws You, Gentlemen of the Jury, are all equally liable to this misfortune, if either of you should be robbed, and complain, and the robber should, by technicality, or for the want of sufficient nroof, happen to escape conviction, which otten happens from the sacred principle which declares it better for one hundred guilty to escajy than for one innocent man to he punished?as well as from mistaken lenity. Once establish the doctrine that a simple acquittal furnishes the foundation for a civil suit and heavy damages, and society would be unhinged; there would be no security for life, liberty, or property. Observe in this case there has not been a tittle of proof in support of ihe prosecution beyond the mere fact of the acquittal. Had I any thing more to do withthe trial than toattend asa witness, in obedience to the mandate of the Courtl I n-vei did. to my recollection, speak to the Attorney General on the subject; I did not give any lee to tin Distrist Attorney; I did not employ Counsel to as-i?t in the prosecution, I gave my testimony, and lefi the Court before the trial was over. Affidavits had heen tiiKen under a commission to which I was noi a party; I had no opportunity of cross qtiestioningjthe witnesses A corrupt witness was called on tha stand who swore that my character was bad, and that 1 w a not to be believed on oath. It was stated that for the purpose of concealing: my property, my purchases of real estate weie not made in my own name, and that it was withheld from the firm ol Horace Bean Ac Co. for the same unworthy purpose, You have heard what the witness said on these subjects. 1 was not a party to these proceedings, and if 1 am to be held answerable lor the result, I certainly should have had an opportunity to contest the matter from beginning to end. Again the testimony did not suvlain the pleadings.? The plaintiff was charged, with feloniously taking away the money of Jacob Barker. My testimony, and that of all others, went to prove that it was the money of my son which he took away. For this variation, although purely technical, he was emitted to his acquittal. Surely tnis was not my limit. The affidavit I made before the Recorder on wWch he was confined, expressly stated it was from the office of my son that the money was taken. Whether his counsel perceived or urged this objection or not, is totally immaterial; it is enough to show how unsafe it would be to consider any acquittal justifiable cause of prosecution. If it was proper to introduce the Attorney General and the District Attorney as witnesses, they would both slats that from the evidence adduced on that trial, thev had not the least doubt of the plaintiff's guift. And what said Mr. Durrive, a witness in this easel one of the general panel but not on the particular panel! That he, with very many others ol the general i>nnel, sat in Court and heard all the evidence, and that it whs his, and the unanimous opinion of all those aboat him, that the plaintiff was guilty. U' Haitfain llarnpr r)t/i ti-rnnt* m hon<loi?fl!r.? *U? plmnnri, orin marching linn in irons twice through the streets?if ill" jailor treated him inhumanely?it the Attorney General or District Attorney acted im properly, their acta do not furnish any reason for your putting your hand into my pocket and taking out 10,HOU dollars, and transferring it to that o( the Duncans; and it you should give any such verdict, you cannot doubt what would be done with ihe money, when you reflect how that already taken has been appropriated. Gentlemen ol the Jury, men in high places are not licensed to do wrong wiih impun'ty. We are all amenable to the law. We have no king, ne other master than the law. Judge, Jury, Attorney HKRA '4 M. Generat,priest, layman, nnd all have duties to perform, and are alike responsible io the law. These lawyers are not to be allowed to screen themselves Irem responsibility by the talae notion of profewional duty, because they have a license to plead in Court , too many of them, I am sorry to say, forget lul of the dignity which belongs to their profession the most loltv and honorable in the world--are in the habit ot slandering suitors and witnesses indiscriminately, and thereby hi most cases, sacrifice the interests ot their clients. It is time such practices were restrained, and the gentlemen taught to mis tain their own clan by a more decent and digmtieri course of conduct, and so far as I am concerned. 1 will teach the counsel for the plaintiff, that bis license to practise law, furnishes no auihority lor hirn to slander me. In doing this 1 hope I am not committing the same fault myself; this depends on how far the testimony sustains the charges I make against them, it being the indisputibh? right as well as the imperious duly of counsel to present all the evidence to the Jury in the strongest ismsible light. To refute the falsehoods which have been proved to have been brought before the Criminal Court, evidence has been adduced to you from the public, records, that my purchases of real estate were made in my own name?my bankbooks with three banks were produced, and prove that I did business in my own name, and Mr. Hean told you that the only reason mv name did not appear in the firm of Horace, Bean if Co., was that 1 was not a partner until several months after the establishment of that firm, and that I have been an open, avowed and active partner ever since; and, whaCs more, he t-dd you that I had not furnished any capital, and that I had applied my share of the earnings to pay old debt', and in the support of my family. Mr. Ilennin and Mr. Wood told you of large sums they had received from me for old debts. Hud there been more they would have been applied to the same purpose. I am poor?the counsel say I state this and other things by way of an appeal to vour sympathies, in which lie is totally mistaken. He cannot comprehend an honorable impulse. I state it for a very different purpose. Mortifying as the disclosure is, I prefer for you to know all, rather than submit to the slightest imputation. Nothinyr cun be so valuable to a man of correct feeling and true dignity as a good reputation, and I shall defend mine to the utmost of my capacity,and preserve it as more/dear to ma than the apple of my eye. Although poor, according to the proofs and the facts, I am in posses-ion of health and a sufficient capacity and knowledge of the business in which 1 am embarked, which, although greatly diminished by the timeB, is yet large and profitable, and 1 am perfectly willing to labor on, and to apply the fruits to the payment of the plaintiff, if you should be of the opinion that I have done him any injury. In combating prejudicesat the North, loffered to expose my life in single combat, and suffered the penalties of the law therefor. I cams here poor in 1831, amidst cholera and yellow fever, and have not been North since 1836. I pa-sed through the yellow fever in 1837, and have ever devoted myself studiously to bu iness, und yet exi>ect the Government in relieve me from want, by fulfilling the contract which has been introduced in evidence in this cause. The counsel puts n most unfavorable construction on my; every act, and in reference to the proof offered in relation to my family, age, past position, and occupation, says it is to excite your sympathy. 1 Not so. I ask not your sympathy. You have each and every one taken an oath to render a verdict according to the law and evidence?this oath I demand of you to redeem, and I know you will redeem it without tear or favor, or the ho;>e of any other reward than ihe satisfaction which will assured y flow from the reflection of having done right?of having done your duty. My object in pr? ducing all Buch proof, as well as of the integrity of myp*9t life, waB two-lold; hrst, to repel false and ungenerous accusations, as well as dark and mysterious surmises, and then to exhibit to your view the immense stake I had in the matter, asking of you to consider whether or not nny man could he so lost to every consideration which dignifies humanity as to throw the wh?|?i away for so contemptible an object as that of the chance of defraud ing a poor man out of only #255, which chance was ' so very uncertain; and at all events the money was I not to be acquired without great trouble and loss of time. This would he a zeal in favor of old creditors of no ordinary character; the amount of debts would remain mc same; me moral oongation to the plain till", for the new debt that would be thus ereated, ' would be equal to that to be extinguished by the money thus acquired. It ha9 been proven to you that I conducted a large commercial business in New York for many yeura was the owner of twenty or thirty ships, which returned almost weekly to the United States richly laden with foreign commodities?their swelling canvass whitened everv sea, and the star-spangled banner of my country floated from their mast heads in ! every clime. One of the witnesses, Robert Waterman, told you | that he had, thirty-seven years since, as master of j one of niy ships, unfurled my private signal, the three-colored bunting, before the Crescent City. It has also been proven that the Government of | the United States, in their utmost need, was furnished through my instrumentality, with many millions ' of dollars, to carry on the glorious war of 1812, when all others competent to supply the sums wanted, drew tight their purse strings, and ihe leuders of the Federal party declared on the floor of Congress that the Government could not borrow in all America a single million} At thistime President Madison received from Mr. I Gallatin, nt Ghent, one of the American Commissioners treating for peace, information that ihe British Ministry had learned from their friends in America that the Governn*enl could not raise money to open another campaign, entreating them to defer ah negotiations until the fate of the loan taken by Mr. Barker was known. Mr. Gallatin superadding, that if the loan should fail there would not he any chance of peace. This was officially made known lo me to induce me to m ike the contract, although I had repaired to Washington to supply only a very small portion thereof. At this lime there was not any money in the Treasury to pay the enlisting bounty to the soldiers necessaiyfornnariny, much less to | move and sustain thein when enlisted. The money that sustained the memorable defence of this city, was furnished by Mr. Barker; and it is in proof that two years after this he was employed by tlieGovernment in a large financial operation?he was elected a Senator.of theEmpire State,and as such Senator a member of the Court of Errors, where a 1 great Commercial question was settled, the celebrated Chancellor Kent delivering an opinion on one side, aid the defendant on the other?the only two opinions delivered;?and that el the defendant was sustained by a majority of the members of the Court I and it has become the law of tlia land, and has been respected by all the Courts ol France and E ngland,ua well as those of the United Slates, ever since. The defendant was nlso extensively engaged in | the Banking business in New York, which he conducted with great usefulness to the community, until broken down by ihe hostility of the iucor|M>rated Banks, which he resisted for a long lime. He was harrassed through all the Courts with litigation, as has been proven to you Irom the books read, and by legislative proceedings, session alter session, until he had finally to yield to powertoo mighty for one mantore?ist; and in turn these monied aristocracies 1 U. U...J ... .....I.J I Iiafr HSU mj jririu iu m*- |'irw?iic ui |'ihhiu U|m(ll(>n. winch hula lair to root tlicmall out, and theirdownf?lI is as much to he ascribed to legislative action, publications, stockholders* meetings and injudicious interference, as te the mismanagement and frauds n| the managers; and those institutions, as mine was, are considered tree plunder?the debtors in most cases avoiding the payment of their debts as far as possible, winch is peculiarly the case with the United States Hank, which would certainly have been able to have paid its debts, but for the famous stockholders' meeting, and the exciting publications and occurrences which followed in rapid succession. These were as prejudicial to the best interests of the Hank as was rlit* mismanage, ment of Mr. Riddle and his successors. Hanks are the mere creatures of credit?it is a work requiring time and great care to get up a good circulation? the public individually have no interest in maintaining it?a breath to the prejudice of a hank will therefore send it home apace ; this, often related, will ruia any bank de|>endant on circulation, as they generally are. Finding myself unable to meet my engagements punctually, Iihrew < (>en my storehouses to mv ere ditors, nixl handed out my teas, ir? n, salt, fiemp, dry goods, and other commodities, and at one time had hh many as six auctioneers selling tor Exchange Hank Notes; and what was not pant in that way ha? been since paid troin my new earnings, eo far tie has been in my |*>wrr ; and as to my New Orleans debts they have all been paid, with the exception of perhaps a single thousand dolors. It is not to be disguised that f was unfortunate in business, gave no all <ny properly without asking <>r accepting a discharge fr<?m mv debts, fnriher "hen the protection ot mv person trom imprisonrnvn'f; and these mislortunes have subjected me to preju- I dice at the North, and these prejudices have been I connected with this aflkir, and bat for the over i whelming testimony in my fsvor, the plain' ' | LD. PrlM Two UnMi counsel would here attempt to make capital therefrom. What my course in Louisiana lias been m known to nil. I fomd it expedient lo read sufficient law to be admitted to practice in all your court*, f?r which admission I feel very grai? lul to tiie Judges nl the Supreme Court, and to all the Judges, tor ihe kindness received at their hands. 1 do not follow the practice ol the law as a profession. Circums'Hnccs have compelled me to pursue a more humhle occupation 1 am not u candidate for fees, although I Home times accept a fee ; hut generally when 1 do I appear, it is a caae in which I am, or some particular Iriend is interested, or where the party is unable I to pay counsel. In such cases, I do not allow my*e|l to retuse, when applied to by free men, although the applicant's hlood should be of mixed character. On this subject my sentiments are too well known and too highly appreciated by the New Orleans community, for wicked and designing men, by their misrepresentations, longer to be able to turn them to my prejudice. Although jmy palmy days have passed away, I prize more highly the proud di?- r tinction of having a right to u|ipear as an Advocate in all the Courts ol Louiaianathnn any position I ever before occupied. Gentlemen of the Jury, you are now cnlled on to believe that an individual, in the autumn ot his life ? who bus occupied all those positions, with a large family, and under the most lasting obligations to a generous public, would, without motive, have been guilty of crimes that would have rendered him inFamous in the highest degree ; lor by ineir commission lie would have violated, his most imperative dutvto liia God as well as to hia tellow men. The workings of the human heart being im-cruiible, it becomes your duty to consider probabilities. The counsel lor the plaintiff takea exception at my having propounded to the witnesses he had examined under n commission, the question whether or not the pluintiff was a gambler, and wishes you to inter malice therelrum. The proof, aait moat fortunately Came out, exoneratea me from that charge ; ana then lie insists as further evidence of malice, that I outraged the feelings of the Canal street clerk when I discovered he had allowed the specie to be taken away without retaining the notes. You have heard what Mr. Waterman told you, when under oath, on that subject. Comment trom me is unnecessary?you must approve of all I said on that occasion ; and further, you canuot but suppose I then considered the bank notes to have been improperly taken away by the plaintiff. The counsel have read to you|teatimony from Red R iver, telling you tliut said 1 loses left there to go to Georgia to visit hiH mother?that his neighbors frequently entrusted him with money? and that in 188> he had a draft on New Orleans for nine hundred dollars ; but they have failed, utterly failed, to establish that he had in his possession, at any time within two yeara, a single dollar beyond the #710 I have accouuted for. The witness who saw him at the gamingtable, stated that when he pulled out his money to pay the amount lost, he said " vou have not got all ; I nave plenty more ; I have $1200 " Thia declaration of the plaiutifl cannot iu any case be considered testimony in hie favor ; and much less so when made while smarting under heavy losses, and pronounced iu that exulting manner to lellow-gamblers. Why this testimony ahout visiting his mother has been introduced, if not to excite your sympathy, I do not know ; that occurrence was in January, aad 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 $9(K) in 1830. I think the gentleman must have mistaken the date?he had better examine the documents; the interest of his client requires to have the mistake corrected, if there has been one made?mv capacity is not equal to discover what was intended by offering that proof?it defies my powers of perception ; perhaps the ingenious mind of the opposing counsel will he enabled to surprise us all by exhibiting its entire applicability These men know that I am in the daily practice of handling very large sums of money?tney 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 benf. Gold is the idol of their worehi;>?they know no other god ? What you have here witnessed has not been dictated by malice nor enmity towards me, nor by the angry passions; but by that all absorbing passion, avarice. Gentlemen of the Jury, you all remember the attack which was made, aoon after Hosea'a exploit, on most o( the offices ef the money brokers, including the one in Canal street, trom which he took the money. I Happened at the time,to be standing on the South East corner of Canal si. and saw several hundred men come out of Chartres street, on the run, at noon day, cross Canal street and make the assault on the office of Messrs. Valentine & Williams. I saw their leader nut his foot through the first pane of glass that was broken. I saw the mob thereupon seir.>' and pocket the gold and silver, as well as the bunk notes?the work of destruction went on apace ?the whole town knew of these things, there were hundreds of witnewjes, yet notane of the offender* has, to my knowledge, been punished. If I had gone forward and made complaint, it would have furnished these Duncans with another opportunity to hnrass me in the law. Most of the men composing the mob had not any idea that they were committing felony; they were led into excesses by the monster, prejudice -.'by unfounded reports ; bv newspaper publications; by the insinuations ana inuendoes of evil disposed persons. Prejudice has always been the curse of the land, and by the la*t New York Herald rsceived. I notice an account of the town council of Liverpool having, by a large majority, denied the right of public education in worldly matters, to unoffending children of Catholic parentage, born as pure and spotless aa the mountain snow. I am not a believer in original stn. The unfortunate Jews have been persecuted all over the world. The first colonists of these U. States. the Puritans, fled from religious persecution to the wildsol America, encountering the savage and enduring hardships and privations of every kind. They in turn became persecutors themselves, hanging the Quakers for witches. The Catholics and the Protestants, as they found themselves in the ascendant, persecuted each other- All this is wrong?the unfortunate effect of intolerance and prejudice. 1 consider all true religion to be a republic in every man's bosom?a secret converge with his Creator. I do not interfere with any one'* religion, nor allow anv one to interfere with mine. [ leave ull men mgo lo heaven in their own wav. Gentlemen of the Jury, you have veen all ihefacln cleur'y established. If you will compare them with the report ol the trial published in a morning paper two rt iys after Mr. Greer B. Duncan wrote his celebrated letter, naming $10,900 as hush mon*y, the one dated on the 8th the other on th? 10th of April, vou will not have any difficulty in knowing how Mr Muh became prejudiced against the defendant, to whom, he told you, he was an entire stranger ? The petition in this cause was tiled on the 9 h April. [Here, the article in questions was read by the Clerk, at the request of Mr. Barker, viz: Trial or Hoska Barbkb. TheCrimtnal Court was throng.d on Saturday by persons anxious to witness the trial of H"*ea Barker, rbarged bv Jacob Birkir with defrauding him of $'110 : From the peculiar circumstance* ol the case, considerable inteiest wis felt for the itMie, and it i* with leellnga of gra , titles'ion we announce the complete triumph of innocence over villainy?of honesty over the hellish machinations of a veteran in iniquity, whose hesrt is as black ns the '-colored gentleman" for wham he expresses so much regard. Honest Jacob's testimony was positive. He swore that he counted th - prisoner's money, and agret <1 to buy It at 60 per cent discount, which was a'.scated to by hit namesake. Not baring the spelter on hand, Jacob went to hia office iu Common street, taking with him a negro boy to carry the funds. Mr. H- Barker remain'd iu his son's offlee [n a few moments,the negro hov returned with the stlrer, which was paid Mr. B. hy Mr. Waterman. He made sime objection* to the kind of money he receired, which, he aai-t, was different from that atiptilated for?Ja cob agreeing to pay him $100 in dimes?ten to the dollar. As we stated on a former occasion,the character of lha accused was proven to be irreproachable hy gentlemen ol the highest respectability, whose depositions ware tokeu belorc Judge Jackson. The evidence for the defence also went to show that the accuaed hail shout >1000 in Orleans Bank notes, a few days previous to his arrest. Here the evidence closed, and n mest Jacob doubtless imagined he had made out a clear case. His evidence w as strong?very strong?and the only thing in our opinion, that prevented its having full force, was 'be fact thntnoone in thecrowded court believed one word at it. Thejury, bejond doubt, regarded it as falsa.nnd w?d?ubt very much whether twelve men coui.l be pmpai nailed I in this city, who could be induced to be leva honest Jaj cob's asseverations. So much for character. The District A Horner re m messe. Mr. Duncan made a brief but pertinent address, In which h??h>'wel the absurdity of the idea that the socured coni I hive "headed" Hon eat Jacob Barker. Fell* Huston, Jhe caivalrous and talent* d Rentnekian, [ follow.-d in the deiance, and overhauled honest Jacob's character in a manner perfectly killing.' He Said it was a race between the Barkers, and if one was to receivetha penality of the law?il 'tie was to be striped- why, in all conscience, let Jacob get it -he was better able to bear H, ibr he was already streaked and striped! It was asosei notion, he said, that an honest man Irons the countryshould attempt to swindle a broker, an.I that broker Jacob Barker ! Wo have never Intoned to a more cloao, clear and caustic address, and honest Jacob will reuem ber it through life. The Piatt ict Attorney closed the case,and after a charge

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