The New York herald., 1845-10-18
Price Two Cents.
Court InteIIiUence.


GENERAL SESSIONS, Oct. l7th.-Before the Recorder,
and Aldermen stoneall and Divver-M Paterson Esq,
Trial of Wiiiam Gutter for Forgery resumed-Consi-
derable delay occurred this morning consequence Of
bench during the proceeding of this trial yesterday a
ter waiting for some time Alderman Diver made hi, sp
CONSENT Of the District Attorney and Counsel for the do
fence the trial was proceeded with.
HEsHY Van, on being called aS and sworn % TESTIFIED
the check for ST 563 in the of Charles King Co.,
paid BY him. being presented bya young man man
he had suspicious it forgery and compared the sg
with others in possession of the bank Msssrs
King Co. at the time the check was paid had balance
CnARLrs W. MrRRIrr testified, that he knew Cutter
and had had conversation with him in September
threats inducements to him to dvulge any thing In
ss and for
versng with him upon the subject Of the forgery and
told him
The DISTRICT ATTORNEY then proposed to prove by
this Witness the confessions made by Cutter which was
objected to by Mr. Bonney OF the counsel for the
defence on the ground that the law would not permit
any person charged with crime to say any thing that
could be used in evidence that likely to convict or
Witness MERRITT here took occasion to correct him
self in relation to time at which he had the interview
with Cutter which he thought in August last alter
seeing Cutter witness sent for the officers OF the instu
tion
missions &c made to Merritt, admissible, mas
much they made without threat, hope or reward
those confessions maze at noo
between Merritt and Cutter but the Court denied ths
application of the District Attorney to examine Mr ste
relation to any confessions made to him Cut
him reveal his guilt and subsequent to Cut
ters interview with Merritt
The Court then took recess for an hour.
EVENING SEssIoN.-CHARLEs W. MERRITT on Delng
recalled testified follows IL called at Cutters house;
told him my name, and that had called to see him in
reference to the forgery the Bank of Commerce;
asked him if he knew q by the name of Gillispie;
when asked the nature Of the business told him IN
reply that the forgery check for S563 paid to Gil
spe had been brought home to him; he tCutte on re-
ceving this information nearly tainted and had to hold
him up; after short period, he asked me what object
had in view, made reply but again asked him he
knew Gispiel he said that he did.
Mr. GRAHAM here and contended that the informa-
ton thus impaired TO the defendant and the subsequent
condition. must be construed threat intimidation
The CouRT decided the objection set forth by counsel
for the defence, tenable being tantamount to
threat.
The testimony of Mr. Merritt relative to the inorma-
ton he impaired to Mr. Cutter and the conduct OF MT
Cutter the OCCASION were ruled out
Examination resumed.-From information impaired 10
that others connected with the tor.
gery but Of my own knowledge, knew nothing OF the
facts that others actually concerned In the or
gerry. =
MIR. STEVENS recalled derived from officer Merritt
the information OF the forgery the 30th of August
saw Cutter Immediately afterwards and delivered him up
| to the authorities.
The defence called witnesses, and the case was SUD-
mitted the jury under charge from the Recorder
who without leaving their seats, rendered verdict Oh
| mot guilty"
| The Court then adjourned until tomorrow morning.