The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-05
u. y. Circuit Court,
Before Judge Belts.

Greene county of which he was postmaster The Dis
tried under the law of the Sd March, 1926 commonly
depominated the Post-oce Law by which il is provided
that any postmaster who shall embezze any
letter that may come into his hands containing money,
shall be punished by imprisonment for term not less
than ten nor exceeding twenty years" It will be
shown, said the District Attorney. that the letter
placed in the posofce at Wndham, Greene county, d
rected to Cas and passed through to prisoners Office
been poor but Immediately afterw paid up several
amounts Of twelve thirteen, fifteen dollars and higher
sums that he owed The money paid by him the
kind that enclosed in the letter and in in
stance particular bill which had been in the letter can
be traced to his possession The District Attorney called
upon the jury faithfully to do its duty but said at the
time was their province to weigh such doubts might
exist The penalty was severe and ruin to the prisoner
must follow conviction. If he deserved it. however
their verdict of guilty should be firmly rendered.
JosATH.s NJ. MATHEWS firm of Matthews & Hunt)
Centre, Greene county letter containing sa45 mostly in
los and 5s, Of the Catsk and Tanners Banks. among
which, also SIS note of the Onondaga Bank which he
would know again from the peculiar in which it
was torn and from figures and letters which the
back The letter was directed to Miriam Hill jr, Cashier
OF the Catski Bank, but never reached its destination.
ABDAH STONE, postmaster at Windham Centre testified
that he received package from Mr. Matthews Sunday
May 18th. He did not know that it contained money
cept from the appearance about the size of bank
BILL and to an inch thick Placed il in wrapper di-
rected to Catskill, and sont it on.
HIRAM Fox postmaster at Union Society testified that
his office is about three miles from Windham Centre He
overhauled the mail when il to him. Reeollects
ing package such described He took up and said
mail carrier (Nlr Person. who sitting him
Boss guess there's quilts in this. Person replied aye,
so there isths is money The package directed Cats
kill. Threw it in the bag and sent il on Witness keeps
a tavern, and opened the mail in a bar room.
Mr. PERsoS, blacksmith and mail carrier at Uoion So
ciety testified to having felt the package supposed
be money and saw the drop in the mail bag
In question of prisoners counsel he said he
did not see Mr. Fox lock the bag although he might have
done So This was on Sunday-on Tuesday Mr.. Mat
| thews was along, enquirng about the money.
GEORGE MOORE the mail stage driver testified to hav
ing delivered the mail to the various Offices far as Cairo
| including that Of Mr.. Demeyer.
i n.
South Durham testified to having received the mail
but did not observe any package which created
particular attention. The mail was small and he thinks
had there been SUCH his attention would most likely have
been attracted to it.
THOMAS WAY postmaster at Catskill testified that no
such letter as had been described, reached his
| office.
H. Hill, Jr Cashier of the Catskill Bank testified
having received letter from Matthews Hunt the
10th May enclosing $40 and referring to previous
initial of S245, which, with the $685. would have been the
longing Them that day Knows Demey err never
heard anything against his reputation but heard that he
was poor A note which he had given for $50, was dis
counted at the bank behalf of the person whom he
gave it, but never paid.
Mr.. MATTHEWS recalled Recognized So bill of the
Onondaga Bank shown him. he had placed in the
| letter.
RANDOLPH HANNA testified to having paid away So bill
here conended to be the same which he received
from Mr. Demeyer the Goth May, in part pay of
Judgment of So which he held against Demeyer.
O. RIcKERsoN paid $40 so on the 18th 10Th May
by Mr. Demeyer in Catskill bills for sold by
him to latter Demeyer kept public house-one kept by
burnt down short time previous
STEVENS, grocer testified that prisoner paid him 500
Soc on tn, goth May in Tanners and Cas bank bills.
was for an old balance which he had sued got
execution and levy made upon Mr. Demeyers pro-
perry The sale was to have taken place the goth Of
April but adjourned by request of Mr. D. the Goth May
i at which time he paid it.
The District Attorney here rested Mr.. SHERWOOD then
addressed the court contendng that the prisoners
did not within the statute alluded to- He was over
ruled end went to the Jury He stated that he expected
to shew that Mr. Demey not only free from blame
II n knx cnch attar Ind
been taken, it most likely that he the man who
took it. The circumstances connected with Mr. Mat
thews himself, too he considered very suspicious
calculated to create doubt in relation to him.
JOHN DEMErER then called.-s father of defendant
and has resided with him about years. He keeps
public house at South Durham is postmaster there
also carries on farm of about one hundred Mr.
the next adjoining to that of prisoner the side Of thu
mountain He old tavern keeper and much of hi
custom after he had been burnt ont fell into the hands
| my son, whose business was doubled in consequence
Have known my son to have money when he said he
none, and understood he WAS saving up to pay the
| judgments against him, &C.
Other testimony was offered to shew that prisoners bu
sness had become greatly improved by his neighbours
witnesses said there had been nsinudion
| ing hay from the horses racks time ago. but he
knew nothing of such himself There was an effort to
| impeach Fox, but it did not amount to much.
The prisoners father and his two brothers (a rather
superior seeming men) sat beside him in court.
The summed uI. by Messrs. Hoffman and
Sherwood, in the most powerful manner after which
Court delivered its charge Judge reviewed the var
/
said that when letter containing money has clearly
traced to particular post Office the postmaster bound
strong terms to the IS Onondaga BILL in particular hav
ing been in possession OF the prisoner. The Judge als
alluded 70 the good character prisoner hi
but cautioned the jury that the considerations of such
, however we might all sympathse with him. must no
prevent them bringing in averdict strictly according
, the evidences unfortunately, experience ha
shown too many, who to have fallen at once fror
good standing to crime they bring however the suffer
l |
The Judge concluded his charge little after O'Clock
the Court having been unremittedly in session since
The Jury retired About half past they returned with
verdict Of GUILTY, but recommending the prisoner to tn
mercy OF the Court. The Judge said he would be MOI
happy attend to it, far in his power but the low
est sentence the law will allow is 10 Imprisonment
manded. VIM ''''''' ''''' ''''''' =" 90 '''"
Indictment Of .anthony L. Froseh-The Grand Jury r.
turned four bills of indictment against this individual fc
e perjury in entering goods at the Custom House.
---
i | THe CASE or TOPPING THE MURpERrn.-Ye sterds
morning, at IL o'clock, Thomas Topping, who is unde
sentence Of death for the murder of his wife Elizabeth
the list of January last. was brought before James
whiting Esq, and Dr. John w. Francis, COMMISSIONS,
appointed by the Governor to conduct examin
the purpose Of ascerainng whether not he in
sane state Of mind at the time OF committing the murder.
The prisoner looked pale and feeble, and display Ell IN
srme stolid indifference to what going on that
evinced at the coroners inquest, and on his trial
Mrs. Ann s. stephens the authoress who we undc
stand has taken lively interest in the fate Of the prisone
and been instrumental in procuring his respite as well
the issuing OF me present commission from the 0overno
was present. seated along side Of the
ing every staged the proceedings with anxiety and
S ing as counsel for the prisoner.
Justice Matsell was also present, and administered III
4 oath to the witnesses.
DocroR JONI r.. McCouS, sworn-w Witness first becam
acquainted with Topping the ID of July last in the cit
prison, and has been in the habit of seeing him daily
I, morning and evening, since When ] first saw him h
complained OF pain In the side Of his head ana face
which he said of long standing and that he wa
IS troubled with 1t before he into prison. He wshe
me to extract TOOTH saying that always relieved him.
Il found his teeth sound and treated his complaint b.
scariiying his gums, administering anodynes and cuI
!, ping him. which appeared to afford relief He muc
deblitaed and ordered change Of diet He appears
% be man Of weak intellect and Of not much education.
JoHr BARR sworn.Wtness resides 245 Eldridge stree
and Is undertaken by professions; have been acquan
ed with Topping since he in the country abo
|. | eleven years ago; in the same shin ;
always found him sober nice man, of good character