New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1841-11-20
TRIAL OF MITCHELL.
Before the Recorder Judges Lynch and Noah, aad AIS
Leonard and Hatfield.
COURT OF SESSIONS.
FRIDAY, NoTember 10.

I
Leonard and HATFIELD
Tp,,r oy THE E1-EoSoRAELE CHARLES F. MITCHELL
FOR FoscERY-The District Attorney called the Trial
of Charles 2 Mitchell formerly Member OF Congress- on
an indictment for forgery in the 81 degree IN forging
dr, purportirg be drawn by Alexis Ward President
of the Bank of Orleans for too A D. PatchiE, Esq.
Cashier OF the State Bank Albany, dated a Albion
March L. ISL, favor OF Hon Charles r Mitchell 0s
hin endorsed and cashed By rsona. un6e'hi, BIO
ker IL Wa-,;r.e who sent 10 Mr. PaichIn the Sash-
Of the State Bank at Albany where It Vas pronounced
forgery.
The Distric. Attorney assisted BY N. Bacon E.q ap-
peared AID conducted the proceeding behalf OF the
u.ope and David Graham ani JlEcs u Smith. Jr ksqr<.
appearing for conducting the on the part o; the
accused After harirg exhausted the regular panel BY the
liberal exercise ofts- ofehslense, and after ner
Gus isIessn bad been called and critically -xamined-a
respectable jury vas and emPanaeed aitcr The
consuu ptioI Of nearly two hours OF time
The Dsrric, Attorney then opened the behalf OF
The People stated the prominent facts ne expected TO
be able 10 g in evieHce establish the gun; OF tie
p,.orer al the bar The District Attorney called
mss wne.se. Is follows:
Thomas S UrderhiU deposei that he one Of the i'm
OF John T Smith Co. That the prisoner called at Their
Office No. 80 Wall in comp.ny with one or two
oher person.. with the draft for sale. The clerk OF wiz
mes, sded witness the drs and pointed Mitchell =
the oae sso hlDdeI i. N,ae,. looked at the draft AID
believing all be right ordered the clerk TO pay ar
Mitchell $500 20 for which he did Wness did not be-
for. know Mr. Mitchell The drait 'entt Mr. Pa'ehn
at Albany =ho pronounced forgery-aad It Wa re-
turned uapsd-
CrOs-s1aruined BY III. Grahan.-Wtne.s had before
seen one OF the who accompanied Mitchell but does
not know h- name Did not Mitchell hand the DRAFT
10 his clerk When the draft he looked
8, the name of the bank Albany shioh drawn,
bu, nat the OF the person Whose favor 1t vas
drawn. The clerk pointing TO Mr. Mitchell said, that
il the gentleman who slshs sell the draft hitchef-
name was not mentioned. He endorsed the draft the
Office Next saw Mitchell in the Police Office When IN
Office of witness Mitchell lad cloak When witness
saw Mitchell III Police on ae that Mitchell
was arrested aid ~tne.s 10 Identify him He
then Crossed in blue ard black stock. Could dent
n, one OF the persons who With Mitchell in lse Police
Office Witness did offer any reward, bur employed
Mr. Bower 90 in pursuit. of Mitchell. Made no bar
gain bow much he hsT- Paid Bowyer $50 before
~ went in pursuit, and agreed .ette with and him
for his 1penses and trouble and pay him these If
the prisoner Is acquitted. Was pay BOwyer Tor
vice. and expenses whc ,aer Mitchell caught
Have never settled with Bower DON'T know of any
reward offered by any one for Mitchell
Direc. resu,ned-Sent BovyGr 10 Philadelphia amer
Mitchell He Pittsburgh and elsewhere of his own
accord. Sa- Mitchell write on the draft.
fee of Mr. Underhill when the draft brought, IN
March last. Ii brought by gentleman Tho signed
Ii Charles F. Mitchell Thinks the prisoner is the
but cannot swear positively an He handed witness
the draft aud said he would buy at per cent
Handed it TO Mr. UnderaiI aud asked II it would be safe
! TO buy il.
Cross-eramined By Mr.. Groham. Did not know the
person no accompanied Mitchell. He was not quite 80
tall as him. They apparently conversng about
he nfietv ~ aft.
eaarked to the other "you may thank for that flee,
or words to that effect There other conYersa-
tor between them The person who handed the draft had
a cloak on. As buying the dra! of stranger, /
looked at his features aud noticed him particularly My
intention was, anything wrong TO know HIM again
Did suspect any thing wrong. Next saw prisoner at
the Police Office hearing that he had been arrested and
him. II was in the private Office uhere and
number OF persons present When he came into the
office did recollect him; much altered
could not have pointed him out as the person no handed
the bill end remarked think he looks more like
the person who into office Have only seen him
twice before now think could identify the person who
with Mitche in office. 1t was the latter part Of
March that he presented the draft Mr. Underhil WAS no.
standing the when ~ituess handed him the
draft He took it, looked it, and the person who
handed it, Mr Underhi the Police Office, expressed
his conviction at once that the prisoner the
Witness expressed his doubt that the prisoner was the
Direct ResumeR-Ir. Sylvester went with witness to
III, Police Office. Did hear Mitchell speak while
there
R.Jert w. BOxyer srOrn for The People, but examined
! By Mr.. Grahan-Wness did not arcs; MITCHELL bui
brought him this city from Montreal after his arrest
M Graham then proceeded to examine witness relative
his this and askHd him certain questions
which we're objected TO by the District Attorney TIE
Court allowed the motion.
Witness received $50 from Mr. underh yhen he star,ei
and drew again gentleman IN Baltimore for 500
which are all the monies witness has received After re
turning from Montreal, witness presented bill to the
State viz 81 day aud expenses, which was pad. Can
not recoect the That for bringing Mitchell
Montreal after his Never heard Of any reward
offered. Witness be paid for his expenses sud
trouble Expects be paid yet, and h, presented bill
10 Me.srs. Smith & Co. for the amount Expects they
will pay witness handsomelyst least, hopes they will
Never said he receive the money until after
M,chels conviction. The Governor OF the State would
not allow the payment for the second Montreal
when witness went for the money.
gvESiSG SESSION.
On the meeting Of the Court after the
ing appeared Mr. Ambier, Of the Jurors had
been taken seriously i'll during the and unable
10 attend The respective COUNSEL however reeing that
the Jurors should f case, the trial
proceeded accordingly
Oi.e BowyeT recalled depose he sat OF; III pursuit
OF Mitchell nbou, the l.. oil ApFlas. To the question,
Where did you 90 look FOR him tie counsel Of pri
.ouer objected, and the Court sutaue! tie objection
Witness proceeded, aud sad, understood from Mitchell
himself thar he Of fimily-thst Ms business
wa, ha, Of Member OF Congress, 1 bei.ye that Con-
.ress was not in session that time. His wife was IL
Philadelphia aud understood from him that his resi-
dence wa. there found Mitchell few miles from Mont
ZEAL on The oppo.to side ofhe river ~: Lawrence the
5,h or 9th of Nay, tine custody of officers jeremy and
Smiin OF Mns,rs.l when On .aelr xay Montreal.