Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-06-15

Of the aucdcneers their selling parcel Of brass
nngs for gold ones their OBTAINING the prosecutors
money, and their subsequent arrest of Mr. Adolphus
for e5O0O under the preext that he had hbeed them
and injured Their business Mr.. Phoenix in conclusion
sad rms case Is one OF the greatest Importance
Too long have these impositons been suffered 10 re-
main unpunished and now call upon you centleu1ea
Of the Jury, if make out my against these men,
which am well enabled TO do, to find them guilty
without favor or remorse or without consider;ng The
consequences their departure from honestv and prin
ciple, may entail upon them.
Mr.. Morris replied TO Mr.. Phoenix. He said "He
did not consider by any means fair thus to atempb
prejudice the minds of the jury against his clients
He should be enabled to show that the fraud, if an
there was, had been attempted by Mr. Adolphus the
prosecutor 1t was not worth while to take up the
time of the jury now in indicating his clients cause.
lhey felt themselves innocent, and no doubt the jury
Mr.. Phoenix then called the following witnesses for
the prose cutiOn.
Joseph Adolphus examined.-I am resident of the
island ofJamaca; about the 18th of April went into
gold was knocked down for $50; no bidder appeared
and Sill charged It to me- said no, bid only $56;t
was then pat up again, and knocked down 10 me for
that sum- box was next put up said to contain
lady gold watch and chain, gold pencil case gold
breaches gold rings, &c; they were knocked down
at 10 cents each articles bidder appeared the boxes
was then put up again, aud knocked down 10 me for
so cents each article; when asked for the BILL two
the sandres, los pieces, at 80 cents each asked 70
count the ri ces andh they all gold, on which
Sill said do you suppose respectable house like this
would sell you one thing for another Sill then said
this man. pointing to the other defendant, Aaron;
counted the box and articles making 80 pieces;
Aa ron said he satsfed and directed the clerk to
make out BILL which was done, and warantee
wrote at the bottom with which was not satisfied,
and obectedit to paying, but they afterwards added
words to 1t which fully satisfied me Qheb and
rantee was here produced and shown the ury) then
handed $lO5 to the prisoner Aaron and the clerk with
out giving him the change asked me for the key
of the box, which was given to him, and then
Here the prisoners counsel objected to any evidence
being offered subsequent to the payment of the mo-
ney. The court Overruled the objection II gave two
notes for the $685. and asked for the things but Aaron
SAID had not paid the full amount; then referred
to the bill and warranty, and went of to get more
money and for friend; when returned, Aaron adj
mltted that the articles not gold; my friend
said ne had their bill in his pockets the prisoner asked
to it, but my friend refused 10 show it no delivery
of TIE box ofewelry has been made, or any mo-
ney given back at the time Of the sale, the prisoner
Sill warranted the articles TO be gold, or would not
have purchased them.
ross-exanined-I consider an oath binding when
taken uncovered; am wine merchant in Jamaica,
but follow occupation in the United States have
never dealt in ewelry think that each article passed
through my hands; when returned, the defendants
said they had not sold all the things gold, but emily
the watch and pencil case; Sill did not ask me if
wished those articles to be specified which were gold
Sill said, you may take the articles or leave Them,
and became very abusive; Sill was not there when
the warranty. was made out; the goods in the case
were held in the hands of Sill during the sale; Aaron
said the chain was not gold that was attached to the
adys watch.
Jacob c. Dellmarr, examined.-At the request of
Mr.. Adophus, went with him to the store of the de-
PENDANTS TO inquire into difficulty that had taken
place; asked 10 see the box being judge of metals
though not jewellers when saw the box, said d.
rectly, why my friend there is scarcely any gold ar
ticles there, except the small watch said that is
gold but the chain is not; there bead purse and
other articles also, but very few of them were gold
one of the prisoners said do you think we could i'm
pose upon the Judgment Of the community by selling
box ofjewery at fifty cents article he also sta
ted they were only selling on commission, and fthere
had been any mistaken could be represented to the
venders who might rectify it il they liked il was
then proposed take the box the number OF pieces
charged IN the BILL and put up with the loss bur the
defend ants required the whole two hundred and odd
dollars TO be paid for or they would give up either
the goods or The moneys taking the things to be gold
they might be got for sl04 and if they what sup
pose thea TO be- of base metal they might have been
bought at that time for about $40 at private sale.
AT the close Of this witness testimony the Cour.
adjourned.
PoLIcE, June l5th.-Raising the Wnd-Jarvis
Colt, an old Eastman, was on Monday arrested by
officers A. M. G. Smith and Bowyer on the folowina
charge The prisoner went 10 Mr. McArdlc and
represented TO him, that he had between ten and
twelve thousand dollars worth Of goods stored ii,
Belleville, New Jersey, which he wished Mr. McArdle
10 dispose Of He said the goods had been there
some time, and that there would he about $50 TO pay
for storage which he requested the loan of TO enable
hum 10 get the goods away. Mr.. McArdle would not
trust the prisoner with the money, but sent person
over with him to BeIleville TO do the ncedfu The
prisoner left the agent at tavern and went to make
his arrangements. After some time he came back
and sad the goods were ready but that he could not
get them without the money. The agent incautiously
gave him the $50, with which he departed, and was
seen more until arrested. Besides the $50 the an
fortunate agent found mis- pocket book missing CEN
timing over s25 which Colt had distracted during
his palayer about the goods. Cou Is an old one and
has duped several other persons by precisely the same
story He was fully committed Tor trial
BowERy THEATRE.-Mrs. Flynn's benefit is nm
nounced for tonight, with combination OF talet rare
interesting herself the chlees star in The galaxy
ofalent-s she is accompanied by the bright lights OF
Mitchell, Gates, Gabriel RaveI and all his wonderful
troupe. They produce the Bedouin Arabs, in which
they Guide themselves by their wonderful PERFORM
ances, and excite the astonishmcnt and interest Of