The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-16
General Sessions.
Before Recorder Talmadge and Aldermen Lee and

ed of obtaining cigars by false pretences was first ar
raigned for sentence.
communication from prisoner calculated to change the
original position OF the Court and had also learned from
theprosecnton that he had refused explain the alleged
cause of his losses which would have tended to anchor.
ate his sentence, satisfactory the minds OF the Court
ana the prosecutors But in consideration of his previous
goou character the Court sentenced him to the Penen
tiary for three months and imposed fine OF 5000 and or
deIed that he should stand committed until the fine was
paid
REcoRpER-Call John Jones'
CLERK-John Jones'
Recommendations the bail be forfeited and prosecu
ted foythwith.
CRIER KrNo-John Jones-John Jones-John Jones'
Peter Roberts bring forth John Jones' to the
condrion OF your recognizance your recognizance
shall be forfeited The bail was then ordered to be for.
feited and prosecuted forthwith.
Irsa Of Richmond WoodhmL-The trial of this young
man. formerly bookkeeper for George w Miller on a
charge OF forging note for $500 in the of Miller
We took occasion this morning take the dimensions
OF the piece OF paper which the alleged forged
was written 1t is three inches wide and eight and
hall IN length The space between the top of the paper
andth signature to the note which Miller testified was
in his own handwriting, is inch and an eighth and
the water mark OF the paper at the bottom the note
We have been thus particular Miller alleges that the
signature his but that the piece Of paper on which il
written has been torn from letter or something contain
ing his signature and the body of the note filled up
Woodhulls handw riting
JAcoB s, ARcuLARrus, called by defence-I bought a
or $ george Miller OF raer'allS horse market
Crosseuann,d by Blurr-Nr Miller purchased bill of
Tor the balance over the amount of $780, which given
for the horse
URAL p. WARD, was collcd but did not answer
Benz. JEssor, called and sworn-I purchased wagon
OF Miller on the 22d OF November 1912 and gave $50
for it
w. L. ORMsBY swom-I left the wagon purchased by
Col Jessop to be sold by Miller the lowest price to be
o but he was to get much he could for and have
his commission Miller rendered me an account of sale
for $40 and when afterwards discovered that he had
ceived $50 for from Col Jessop called upon him and
he gave me the So that he had unaccounted for in the bill
n gna ttx,.. VI Il,,II
the sale OF the wagon; Miller directed Woodruff to
make out the bill the commissions insurance. SC was
deducted by Miller from the Of S75
Mr.. JORDAN called Uzal p Ward to show the transac.
ten relative to the sale of the wagon Arcuars but
ne did not answer He therefore, asked the Court to
allow him to call this witness when he into court
Mr. BLUNT objected the rule Of the Court was that
the defence were bound finish their before the pro-
secutioD offered rebntting testimony.
Mr. JORDAN said that he presumed the defence had offer
ed enough as two clear transactions had been shown
fore the delivery of the alleged $500 note which in them
selves sufficient to any man in public business
such as has been conducted by Miller.
The Couar decided that they adhere to the rule
and the defence must close their testimony before the pro-
secuton present rebuttng evidence Jurors re-
piled that they thought they had heard enough this
point to satisfy them without calling other Witnesses
CoRNELIus BARKELo, sworn-l had wagon sold a.
Millers horse market in Broadway in Si2 am not GER
tain whether It was before or after July; told him not
sell II Tor less than $40 and to get much he could
he sold it, and told me that he got only S75 for H.
Miller who it was sold to- he said he did not know but
that was going ont OF the cty he deducted the commits
sons, &C. and paid me some sos 500 and some cents,
w. II. DRAKE. sworn i left wagon and two horses
for sale at Tattersas in ls4 the wagon cost me $3.50
think told Miller to sell the wagon for not less than
Si75; one ofthe horses sold to Vandewater for 500
think Miller told me that he sold the wagon to man in
New Jersey for 500; don't think received than
1928 for the wagon and horses BY reference the
book was found that the wagon sold by Miller on
the l4th June sl for $780, and the entry in the cash
hook was Sl30 and commissions received, making S35
received note from Mr. Miers counsel stating that
the difference would be paid me- this was after had found
out that Miller had received Sl35 for the wagon; gave
the letter to my counsel Charles Smith, to settle the
affair, and collect the difference that Miller owed me- as
he received more for the wagon than he accounted for
from information that got round town. induced to
think that something wrong had been done in the sale
DAVID A HUI called and sworn Il know Miller and
woodruff; in lsa2, some time in November Mr. woodruff
not convenient for at that time 10 lend him. he
showed note signed by Miller $780, ne wanted me
TO advance him $50 It, and take collateral urity;
told him that would let him know in day two (; a
day ortwo after called ut the Office at Tattersas and
saw Mr. Miller and Woodruff, and soon after left the
next day called again and saw MIR Miller told him
that called to see m about of $500 that Wood
hull had showed me- and wished TO advance money
on it he said that Woodruff had right part with the
note that he had given it to him under private agree
ment, and that he would not pay it il bought il this
was in the latter part of November lsi2 this is the
that Woodruff offered to Mlef appeared TO be angry
when spoke to him abou. the note
Cross-eramined by BLUNT Woodruff owed me about 500
borrowed money his father and mine were cousins ,
Woodruff said that Miller had given him the note part
salary and for something else have since paid the
500 that Woodruff owed me this the latter part of
1
when the note was to be paid as wss drawn demand
he said 1t was none OF my business this the last
words sad. TINS witness having so poincdy contra
having denied that he heard of the note until Wood.
hull was arrested) He was most closely and searchngl,
ssexaminedb by Mr. Blunt but answered every ques-
ton with great clearness, and planned every thing
nected with his knowledge OF the matter in the
The Court here took a recess until half past o'clock
Evening SESSION.
WATERMAN H. HULL recalled by ution.-I
Mr. vandewa,er the late foreman Of Miller last sum.
told him that thought Millers course relative TO
this trial very singular think told him something
about my interview with Miller relative to the note but
cannot say that told him exactly what have said here
| on trial relative TO that interview.
Wm g. ARCHER called, and sworn by prosecution.-I
was empoyedby Miller from August, 1888 to July lsO
until May, 1871, when Mr. Woodruff came Miller is en-
trely unacquanted with book keeping.
Mr. BLusI offered to prove that the cash the
books oil Miller was short S36j AZ during the time that
Woodruff was his book. keeper
Mr. JonpAS objected, and the Court refused to admit
ny p.rr What is Mr. Millers general character for
tuhsand veracityi
Mr.. JORDAN Objected the defence had not attacked
his general character by any testimony offered his part
The Cousr admitted the testimony and defence took
exceptions.
By BLusr.-o What is Millers general character for
truth and veracity? A. It is good / would believe him
under OATH
Cross ,ramned 5y JONAH was with Miller two years
and eight months; Miller read and write think he
could run UP oomn of figures AMI tell how much they
'mouhtrd 10 II wagon was entered for $780, think he
would know what II meant while was with him. !
don't believe he looked his accounts counted
The money on hand he KEEP key OF the money drawer
never knew OF any deficiency in his bank accounts
while was with Miller.
JcrV j JosEs called and sworn-I know Mr.. Miller;
his character for truth and veracy good; would be
ieve him under oath he keeps account the Chem-
cal Bank of which am President
Crosseramined by JonpAN-About FIVE six months
since think heard Miller say that Woodruff had note
JoHv BLyrH called am cabinet maker; Miller for.
mery worked for journey man; his character for
truth and veracy is good; would believe him under
oath
ssGroRGE DAVIS called am deputy collector; have
known Nier iour five years; would not hesitate to
believe him under oath; his general character is good
By JoRD,N-Q What is your business A i am n de.
putty collector. q How long have you been a deputy
A Five or six years. came IN under Jesse Hoyt
JoRDAN-Oh, you were one ofJcsse's deputies laugh.
ter)
DAvts-Yes and am of Mr.. Curtis's at present
May II please the Court, should like know If am 10
answer direct questions or such as put Il this