The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-20
General Sessions.
Before Recorder TalImadge,' and Aldermen SCORES an


JONAS B. PHILLIPS, Esq, Acting District Attorney
MARCH l9-Triai for False Prefences'-Ihe uIai ,e ~
worth of carpeting in September last from the hrm OF
Lee, Brothers Co No 81 Cedar street, by fraudulent
representation resumed
The defence called JofsS G BoLEN who produced sun
dry notes given him by the accused the gross amount
Of which was s47ss and for moneys lent The witness
underwent long crossexamination in respect to con
sideration given for these notes.
THEoDoRE NIMNs, sworn. Counsellor at Law.-He
enter ed mp judgment for the last witness against the
accused the 18th OF October, 1913 for 81 1888 Case
his Indebtedness to Boen and confessed
Judgment for the amount, and execution issued.
Cases character was good
OwEN B. CASE caled-He had known the accused for
years. clerk in his store; called on Boen to Dor
row money Tor Case take up his notes; at the time Of
the sale by virtue of the judgment Case had about $1,000
worth Of goods on his premises his character was good;
goods were purchased by Case and afterwards sent to
auction to be disposed or Case had or $4,000 worth Of
goods of his stores in Chatham street and about
$4,000 worth at his other store Pearl street the goods
purchased Of the Messrs Lee were sed out Oh Tue soe
Of Case by retail, and not sent to auction. - 80
Dr. j. s. OArMAN called lie had known Case, about 10
years. had business with him and loaned him
money; had previously failed in business about the
1885, heard about that time that Cases character was
had.
wears iS42 and s43 purchase OF his employer lieu
ben Smith Jr about $4,000 worth OF goods and William
smith purchased goods OF Case which were paid for by
running account ~ . -
DR. John Robinson T. NJ UndeIhill. g. W. Myers,
william Springer and Anthony CIVIL besides others. al
of whom had known the accused for various periods
ranging from 10 down years, called to testify 10
the good character Of the accused The principal part OF
these witnesses members OF the same church with
Case.
he prosecution called DAVID AUSTIN of the firm Of Aus
tin, Wmerding & Co, who produced note given to
their firm by Case in 1885, it not paid The character
Of Case was bad amongst the persons who were in the
line OF business; Case endeavored in 1912 to get
second credit from the firm OF the defendants it was re.
fused.
George w. Belts. John levitt J. A. Splett r. f. Pur
n.y. j. Humphreys, J. Conner and Joseph Gilbert, all re-
spectacle merchants testified that the character OF Case
by general reputation, was bad
number OF other witnesses were called to show the
bad character of the accused in the community amongst
whom were several members of the Church to which
Case had previously been member.
The evidence here closed both Sides the testimony
being exhausted.
JAMES NJ SMITH, Jr. Esq summed up on behalf Of the
accused and JAMES WHITING, Esq on the part OF the
people Both learned gentlemen made able and argume
ave speeches. and after charge from the Court the
was submitted to the Jury. The Jury retired at O'Clock
and returned into Court at o'clock, with verdict OF
guilty The accused was required to appear on Friday
far sam