Morning herald., 1839-12-24

DEC. g Conpiction for Forgery.-Ihc People
vs. Albert l.. Merriam on an iau'cfhent Jor Forge
~ sn the third degree This case, winch mas occu'
pied the Court and jury for tAe last ten Gays, "a
king the testimony, pro and con, was brought 10
close on FRIDAY nj ght The accused was partner
in the firm Of Merriam & Kellogg, commission
house dong large business IN TINS cny. lnsy wets IRE
ected in the way Of their business, with the
firm Of Miller & Bancker, who had assisted tnem
with loans ofpapsr aud money In the spring OF tne
year, a large amount Of the paper oi tnese TWO
houses got aoat, and suspicious circumstances
having raised ling against the house ot Merriam
s. CO., the endorsers applied 70 and they pro-
pounccd all the notes to be forgerles Information
was then given to the Police, and Merriam arrested
The testimony in support Of the accusation was very
contradictory. On the one hand. several witnesses
adduced to prove the forgerles, but they iaed
in picking out the genuine from the false endorse
ments.. Mr. Miller swore positively tnat the en-
dorsement the note, for which the prisoner was
then his tr all forged, and also all tae othcrs
on which Merriam had been indicted were fictitious,
yet several witnesses, who professedt to De perfect
1y acquainted with the signatures OF Miller q Back
err swore that they could not discern any difference
in the writing Of the genuine and the false sigma
lures
A whole mass Of accounts and mercantile books
were adduced spondence read, and histories OF
operations entered nto for the purpose oi support
ing the testimony of Miller, with CO lateral circum-
stances arising out OF bargains, and sales made In
der to get accommodation paper into circulation,
and other strange matters brought forward, which
had bat little do with the main question before the
Court.
On Saturday John A. Morrill, commenced sum-
ming up ON the part Of the prisoner, and maae one
ofthe most f-ctous and logical orations tAat was
ever listened to in court of Justice The learned
gentleman laid open the whole history OF the trans
action disc The testimony from the extrane-
Gus matier-showed how cautiously the testimony
Of Miller must be taken, while he had such deep
interest in the event Of conviction, and concuded
by most orcible and touching appeal to the sympa,
thies of the Jury which drew from The eyes Oi
every person in the Court.
Mr.. George Wilson, his associate counsel, also
reviewed the testimony, and earnestly dweit upon
the strong probabilities which existed In favor OF
the innoc nee of the accused.
The Counsel for the prosecution having replied,
the case went to the jury, under the charge Oh ths
Recorder, and. at about ii o'clock, a verdict OF
guilty was recorded .
Exceptions having been taken to several parts Of
the testimony and, particularly to the introduction
Of Miller as witness, because In the event OF
conviction, his liabili would be nearly nall,hed-
4 motion was made to hberate Merriam on ball. but
refused by the Court without cedent IN case OF
forgery.
VIC do not know how different accusations may be
regarded in the eye Of the law but remember that
Sill & Aaron were liberated after conviction. That
Trust, guilty Of manslaughter, was permitted TO
bail and that Charles Harrington also was, alter one
or two motions had been made and refused This
matter having been disposed Of aud Merriam locked
mp, the co art adjourned sine die