The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-26
Genaral laaal0ns

L
and Noah, and Adcrmen Pollock and Balls.
Fee. 25-At The opening Of the Court, the Re-
corder proceeded TO charge the jury ia the oi
Amory and Leeds After reading the Indictment
| and reviewing the facts as presented by the wit
aesses of both pares he passed to the statute that
should govern the decision Of the jury in the case
lie commended that in the frat place, the represent
alton must be shown to be false secondly, that the
Representation was made with q fraudulent intent;
thirdly, that the false representation constituted
| a material inducement for the credit; fourthly,
that II must relate to Tact existing at the time al
the contract which the false pretence il alleged
10 have been made, and not to promise for future
performance OF its provisions; aud filthy, that eve
| ry talsehood Is not such false pretence as was
| contemplated by the statute. He then reviewed
the bearingo these particular points upon the case
| before the court, and showed that although all
crime has its Foundation in wicked intent, which
is expressly showa xs necessary attendant Of the
act, yet the fraudulent intent should not be infer
red from light and trivial but should
be clearly and distinctly made out to the satisfae-
tion ct the jaIy. He then dissected the evidence
| As presented by the counsel for the prosecution,
and pointed out the strong portions OF their test
mony ON which they had relied to convict the de-
PENDANTS Of false pfetencss The first Peint alleged
by them was that defendants must nave known
that the eleven OF wooen cloths, forming the
foundation OF this indictment, and entered on the
invoice gwen to the Haggertys as in the store Of
Amory & Leeds, in Pine street, Nere not these,
because they had not paid the duties upon them
and because they had procured insurance ON them
a. having been buraed IN the public store, and re-
ceived such insurance money after their destruc-
tion and converted it to their own That such
loss was not communicated to the prosecutors I'M
til the failure Of deendants-that portions Of goods
invoiced TO Hagserty's were pledged to other aac-
toncers for advances, and that fraudulent intent
could be inferred from the negligence Of defend
ants in not having knowledge Of the location OF
the goods invoiced.
it was shown that the invoice given to Haggerty
was made out by Mr.. Snow, one OF the clerks Of
Anory & Leeds, in good faith, as delivered by Mr..
Leeds to The Haggerty's in equal good faith, ana
also that Snow was ordered 70 make out such in
voice entirely from goods in the store of Amory
Il Leeds, in Pine street. That there could be no
motive in the defendants to make misrepresenta-
tion as to these eleven cases because they had at
this very time goods amounting in value to $500.
0Oo ia their store in Pine street from whence they
directed the invoice TO be made That they were
ignorant that the eleven eases were in the public
store because they kept NO book or memoranda de-
In which the eleven were destroyed, and that
they therefore depended entirely upon their clerks
as to knowledge Of the location Of goods. That one
OF the defendants not even Of the loss Of
the goods on the public stores, until enquiry at the
North American Insurance Company, Of which he
was director, the morning after the fire. as to the
loss of the Company. He was then informed that
their hrm was among the losers, aad the goods
burned, including the eleven cases were then mem
TONED. That from the nature and extent OF their
large business, 1t was next to an impOssblity for
them to be able personally to keep the precise L.
cation of every bale Of goods consigned to them,
As at various periods goods were in numbers of he
public stores well as elsewhere. He showed
that defendants had seat goods to the amount or
Sl04 900 to the store in New street in the months
Of April and May, 1910, per agreement and in
voice, and that therefore they had acted in good
faith, and performed their contract, because they
had substituted goods in place Of those that had
been removed. He then referred to the statement
made relative to the key Of this store and justified
q in Aonn stspw xr,s
Brown and Brothers after their failure, in order
that those to whom the goods properly belonged
could obtain them, MIR. Haggerty then having his
claim among others He show ed that the amount
OF goods taken from the Pine street store by the
Haggerys, together with the goods in the New
street store, would have fully secured the amount
OF the advance made by the Haggerty's the De-
cember invoice, as combined, Ihey were worth
$4,000 He then passed to the frank aud honor
able course Of Mr. Amory relative to the delivery
to thelHaggerys Of the cases Of shaws that he had
accidentally discovered to be in the public store IN
October; his expressions Of qualification at sRch
opportunity TO aid in securing that firm; and
that the fact Of his Immediately stepping forward,
paying the duties on these goods, and forwarding
them TO the Haggeriy's, showed aught but an IN
tent TO take any advantage. He pointed out the
glaring fact, that from December, 1889, to Jane,
$780, the prosecutors could have their SON
tract at any time, and fully secured themselves by
voice which was little over 500, COO That
their store contained, during all this time,
goods to the value Of over S3OO,OOO, any of which
were liable 10 be taken possession of BY the Hag.
gertys in place OF those inserted in the original in.
voice. Hell asked how it could be inferred
that those defendants intended fraud under such
circumstances The contract entered into be-
tween Amory &Leeds aud the Haggesty's, that go
verned all their transactions relative to yanees
was then referred to. He said that curious ques-
tion arises under that contract, which was whether
the advances were made upon the representation
of an exiting fact or based upon promise to dos
future act he then IN illustration stated that the
invoice, although prepared and delivered, did not
nor was it intended to vest the property in the
Haggertys, because they did not take possession
That this contract allowed the defendants to soil
the property entered on the invoice given to Hag.
gerty's, to remove it, to dispose of it slto-
gether, or in any way long As they re.
placed such goods by others Of equal value.
IL, therefore, this contract was made for the
performance of an act in future and of the alleged
false Preteace consists solely in not performing the
contract the violation of is not within the meaning
Of the statute; for, supposing that they had sold
all the goods in the invoice and had not replaced
any of them, they would be guilty only of breach
Of contract, and not ndictable for false pretence
But the allege that these eleven cases of
woolens in the public store and not in 63 Pine
street registered in the invoice. This is true but
the delivery Of the invoice to the Haggerty's gave
them As good a title 10 the goods II in the Pine
street store, with the exception of the duties and
even ifthey had been sold, all that required Of
defendants by this contract was to replace other
goods Of like value. He concluded by referring to
the character and standing of defendants, as testi
fed to by those whom he said he should be proud
to claim as his friends and acquaintance, and en-
treated the jury to weigh all the circumstances,
evidence and law in the balance Of justice, and re-
tsrn such a verdict would be in accordance
with their convictions and conscience.
The jury then retired, it being two o'clock and
remained out until five, when being sent for, they
stated they could not agree, aud after expIa-
nation to several points Of law, they returned for
the night. All the Court adjourned to meet this
morning at Q o'clock.
P.S Attic hour of ten last evening we learned
from that the Jury stood eleven for aequittal
and one for conviction.
During the morning William Maher, William
Parks and Manning Kelly, who were convicted of
an aggravated assault and battery Daniel Bewig-
house, the proprietor Of an exhibition OF deformed
animals, la the Bowery, on new years eve, were
NJ m for N dsya and Inhn Lord