The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-06

Frenchman that MADE faithful
iation Of the letters into the English language The
plaintiffs counsel then offered to read the ranslaons
The defendants counsel objected the ground that the
did not contain the necessary averments to
entitle them to be read The remainder Of the day
spent in arguing the admssb Of this part of the test-
mony and the court adj uned at five o'clock.
De Witt Smith, for plaintiff; j. r. Whiting for de-
PENDANT.
General Sessions.
Before Recorder Tallmadge and Aldermen scoles and
Lee
JONAS B. PHILLIPS, Esq, Acting District Attorney.
MAncH o..admited 20 PracticeOn motion Of the act.
ing District Attorney. Joseph L. White Esq Of Indiana,
was admitted to act as counsellor OF this Court
Trial for False Preences-Edward +. Burke was put
his trial indicted for obtaining goods under false pre-
fences in the month Of August last from the firm Of Ben
Fish, No. l24 Front street, to witt number Of
gsrs amounting to 1927 So in value, the 9TH Of the
month further purchase Of the article in amount
at different dates for the credit given all Of which, on
coming to maturity. We're dshonored
For the prosecution Messrs White and Hasket-For the
defendant MIR VIM Price.
Mr.. JOHN BENSON, ofthe firm of Benson Fish deposed
that the accused came to his the It'll Of August
purchase segars; that he unwilling to supply him
credit but from his that he had received
large property by his marriage with his wife, recent
occurrences that he doing large and profitable bust
the cash SYSTEM that he would be in funds in the
month Of September had credit to large amount with
houses doing business in this city to witt Messrs
James Matthews Co. wall ST. Of c. B. Moore Co., Of
Front street and oiB M Caberre Of Liberty street and
that he would take up his paper before came to maur
termination not to sell to the accused credit and gave
the 7h ofAugust the first credit Of 1927 60 The credit
had expired, and the debt still unpaid.
Witness in his cross-examination by Mr. PRICE, who
retained for the defence stated that he gave the
dit solely the representation made, that he init
mate with the accused present at his wedding, and
that he did not require to the notes. he
sold to the accused bills Of goods in February March
May and June l843 credit and took his notes without
endorsements at four months, some Of which paid
he also sold him bill Of goods in July credit amount
TO $3.50 So at four MONTHS the note given for the pur
chase not paid when it came to maturity well
two other notes besides the notes Tor the purchase
amounting to 1927 so; of the outstanding notes
given had come to maturity when the credit of 1927 so
was gven never sold the accused any cigars except on
credit
CHARLES +. MANAnY swom--Knew the wife of the
cused tho parties married in June; che had about
5000 in cash at the time which she had received on the
lemise of her brother which had lately occurred She
engaged in the millinery business previous to her
marriage, and was very industrious girl supporting
herself; her maiden name was Dowdell.
LAWRENCE TERNURE sworn-Had sold the accused
goods credit first heard of the insolvency of the &C.
cused the 18th Sept and on the ash Of that month
payment 1.-THE counsel for the prosecution Mr.. White
proposed to prove that by general reputation the prison
to by Mr. Price, but the Court admitted such fact be
proved by the witness.
B. NJ cAnrEnRr sworn-He had sold the accused goods
credit the LIST Of September he gave him credit Of
S400 at 80 and 60 days had sold him two other bills OF
goods credit each for $4oo giving different notes for
each amount but only $500 had been paid the remain
ofhe notes protested the character of the ac
cused that of swndler testified by the witness
but still he trusted him as late as August
cused his general reputation now IS bad and he is con
sidered swinder witness had been sufferer by the
sales made to the in July and late the It'll
September to the amount Of $1,000 accused stated that
his failure was in consequence Of speculation which
turned out badly.
p FcuEKA sworn-Ie sold goods to the accused in Au
gust last and lost $3.50 by his note being The
general character OF Burke was that of swindler.
+. w. REIMER sworn-Sod the accused goods in Jnly
last on credit of four months amount s2la the note
given paid other credits had been given prior
to this date, which had been paid
JOHN A. +. RAscnEw worn-On the 18th August sold
the accused about $500 Of wines credit in consequence
of references given On the 30th of the month"; he
required second credit OF $780, at two months and show
ed bank book stating that he always anticipated his
paper, and 9Th Sept witness gave him another credit
he produced number of notes which he represented
TO be good On the 18th September, note OF Burkes
proested went his store and found nshing there
hut lesk; lost about 500 by him; he made assign
men Of his property but not any Part to the witness;
80 days; he represented at the time that he perfectly
solvents witness had been deauded of $46o and odd by
the accused in consequence OF his notes being protested
PEDRO AcuIRA sworn-Is commission merchant; sold
goods TO the accused three several times in July and Sep
ember and lost several hundred dollars by his notes be
ing proested-he made an assignment of his property
but never gave witness any account of his assets.
LAwnEscE TENURE recaled-witness trusted the
cused his representing that he had capital do
ing good cash business &C. witness lost about 5000 by
the accused accused made assignment of his assets
but no part to witness; from general reputation the &C.
cused is considered swindler; he gave him credit in
faith of his representations, which proved to be false
Attn stage Of the trial. Mr. PRcE by consent called
for the prosecution re.called-Mr B. NJ Caberre,
who stated that the accused in September last attempted
purchase 600 cigars of him the very day before his
note was protested previous purchase made; the ge.
neral character of the accused was bad.
The defence then called HENRY OGDEN, who testified
that he had known the accused for ten years. he for
mery in the employ of Gabriel Mead 4 Co; be brought
from England his arriving here most respectable let
ers accommodation to house Of high standing in Ca
nada heard any thing against Brke character up
the time of his faure since then witness had heard him
| badly spoken Of
| C.,p,rt Mr.n sworn-Rurke cane into his eonov in
1885 and remained about year. and then they dissolved
and the firm ofTucker, Mead Co. employed him for
nearly two years. afterwards Burke went West; witness
knew nothing OF the fact Of Burke having any capital
when he commenced business.
At this stage ofhe trial. the Couat adjourned to Wed.
nesday at ii o'clock, AN tr