Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-06-16

CoURT OF SESSIONS June 4-Before the Recorder
Aldermen Smith and Aker.
On the opening of the court the trial OF Sill q AarOn
the auctioneers ofPear street. against whom bill OF
Indictment found for swindlng, recommended.
SECOND Day PRocE EDINGs.
Mr.. Phoenix said " Before go any further INTO,
evidence give the counsel for the defendants
tee that shall require evidence of their general good
character, or shall submit to the jury the inference
to be drawn from his failing to do So
Ira Smith, examined am in the employ of Sill
q Aaron; was not in the store when the difficulty
occurred with Mr.. Adophus did not come that day
until the afternoon. The box watch, &C. here
shown 20 the witness and identified by him the
same that the dispute occurred about When came
into the store Mr.. Adolphus there; he look
ing at the goods the time have been in the jewelry
business about three years; the watch here produc-
eds worth about s32 wholesaler the chain is not gold
and not worth more than ten shngs; SO is the value
of the pencil case which is gold the gold rings six in
number, are worth sS75; the gold pin is worth "a
the wires ofthe earrings only gold the other parts
platcd there were variety of other articles i'll the box
of various values; the box is worth ST. Provided that
all the articles here exhibited were gold they would
be worth about $500.
Cross xamned.-Sill & Aaron commenced bas-
ness on the 18th January since when have been with
them; am employed as beokkeeper did not make
out the account for Mr. Adolphus [Theb bill was now
shown to the wtness] A part of that bill is in my
hand writing; other items written by Richard Bur-
re and part by Mr.. Sill; the words warranted solid
gold, arc in the hand writing of Aaron examined
the box before the sale; may have examined other
boxes; it is probable made calculations the average
would be 34 for 202 articles pieces; the box
is marked 202 pieces; have sworn to an affidavit
wherein is stated that heard Sill say 10 Mr.. Adolf
phus you may take the things or leave them You
chooses this said before the money paid; it
Is common for auctloneers to make up assorted lots.
John Polhemus ex amined-l have been in thejew-
elry business about eight months am by trade a
silver chaser estimate the box and contents 10 be
fairly worth S94 if the fictitious pieces were gold they
would be worth S3OO person who was not Judge
might be easily deceived by this method of auction.
Allan S. Wrightman examined am a jeweler; l
calculate the value ofhe box and contents be worth
500; have been often TO The store of Sill Aaron
am not employed by them
Several other witnesses here testified TO the value
of the bex-the average was SS5.
Benjamin Larker examined was in the employ
of Sill & Aaron the time Of this sale received 81
per day to attend at their store often bid for
| licles; l do not think bid on that box | do not
know who bid 70 cents each for the articles which
Mr. Adolphus bought if l made good bargain, 1
took the articles, if not, Sill q Aaron took them :;
l was not limited in the amounts bid / always
gave my own name; do not choose TO mention the
names of the persons who were at the sale bidders
Qucsto by MIR. Phnnix-Do you know of others
whs have not given their real names when goods have
been knocked down 10 them at Sill & Aaron's?
The witness was very reluctant to an answer this
question, but the Court compelled him to do it, After
some hesitation he answered yes"
Cross examined-I think Sill a. Aaron knew of this;
think they knew these fictitious persenages; they
used to talk together as if well acquainted.
Mr.. Adolphus recalled and examned-l am ac-
quainted with the first witness by sight who was cx-
amncd here today think he was behind the counter
when took out the SlO5 TO pay for the box after
had paid The money this young man asked me for
the bill, and took the articles to count it before
paid the money that was told to take the goods or
leave them; Aaron refused to the articles say
/ ing II am perfectly satisfied"
| Question by juryman-Did they offer 10 take the
goods and return the money after it was paid
Answer-On the csntrary they kept both the mo-
ney and the goods.
/ Ira Field recalled and examinedI cannot be mis-
taken as to the words used by Sill when he said,
these articles are solid gold he did net say that any
were not gold.
Norman A; Freeman, exarned-The box here was
put up for sale at Sill & Aarons day or two before
II was purchased by Mr.. Adolphus; the same false
representation was made then as made to him
Sill declared all the articles to be gold detected the
1 imposition and refused TO purchase them; 1 am n
jeweller- Another box containing sundres was here
produced and shown the witness THE pencil cases
here are not silver; the rings brass l have not
been employed as drummer; know what drum
mer means; IL means person who goes to auctions
and persuades persons not TO buy &c; have never
done this, not IN any store under heaven
George l.. Borland-I saw these article put up
Sill said, "a solid fine gold watch and chain, finger
rings" &c.
Cross examined Adolphus was there; heard
\ Sill say the earrings were solid gold have seen
man named Sam. Jones at Sill d AareS's; / have
heard him called the Rev. J. B. Pratt but will not
swear Jones gave that name himself
/ Ira Smith recalled-I believe the bill shown here
is IN Mr. Sips hand writing; Mr.. Adolphns assisted
me in counting the trinkels
| Cross~examned-I do not mean 10 swear that he
actually saw me count the articles only mean be
about the store.
Qucstion-You mean by assisting then that he
stood about?
Answer-fcs; can't say If he was locking at me
all the time not.
AT the close OF this witness examination the court
adjourned.
ConoSERs lSavEsT.-An inquest was held yesier-