New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-02-06
General Notifies.
~ Cnrd.-En tie matter Of the complaint Of JoHS ST.
vERs, FLIAEIM l.. BOWS ard EOwD. =. CLtRK,
b.foTe Justice DRIsEER.


favor Of Mr. Bowles upon his stock in bis store he
being merchant tailor Situate the Of Broad
way and Xallst that on TIE day he called upon
CLARK in company with Bowles and they all went 70 the
store OF ves snd took inventory Of his stock after
which they al returned 20 Clarks law Office where the
mortgage was drawn and signed By Silvers and that
before was delivered witnessed Bowles for certain
reasons and here stated and expressed declined
and refused % receive take g. wLcfeupOn the com.
planant threw d, upon the table IN Clsgks ONCE II beng
n his esinson and IN fact nothing more hsn BLANK piece
Of pluef without consideration and Of no value mat no
arh action taken had in relaton 70 H. tnd mai 10
and BOwies left Cisr's ONCE.
lila also IN evidence that al i tine mere vas 81 aleh
aeut upcn silveis sock sued by T. H. Hudson. Esq
In favor Of lcoE &TOUnsend creditors o. SFers S'e-
sch,nt vas 10 b. relieved which Hudson sgrees o. on
behalf Of his clients by sver giving them his note endois
ed by Mr. D0wet aud Slvers states that was pa coz
dsraton 10 he giving Of ne mortgage 70 sna, n
shOuld so endorse j. svers also states that ne objection
tha, Bowles had 10 taking ne mofsaee arose rom s
having consulted ms lawyer Nh Bushnell VINO toio mn
hat tie security cot available upon such SOC. ~
goods unless they were reduced TO possession tnu a
Svers refused 10 doas would tfeek nm W ma
had Mr. Bushnell on this SUBJECT - also
by the testimony Of that gentleman syers istheI s.sss
men the matter could not be arranged II vas no'
made question. He farther states on ms
ton after Tie mortgage was nrO"h as oe !. Is ~
posed either by himself or bowles lhatah eAehson son
be procured Of ,x months time from The eoofs o. pr
vers: that BOwes said ne wnaa see mem, - sN.s ~
openy informed him that he hao seen 81 bul thiee, snu
those be had agreed toit Mr. Hudson tesinss ma e
cslled upon Mr. BoTles with me eller ara nc sneu -
for all svers owed him, with the exception Of one amount
ana thus carrying out Tie understanding teneo 70 py
Siyers al time Il bis signing the mortgage. VI le
an dsy of June following Sugers 10 hii surprise ~ ne
aes found that officer Of The nins OF Ooden hsu se|eu
and carried away bis properly unoeI power Oi
attorney from Bowes and having copy Of the mortgage
which he had received from Clark under whose directions
he Was acting the property taken out was OF me value
~ oue thousand doar and part was taken IRON NE
store in Broadway, and part from the one IN Whehsl
and that some property also ,sken not included m He
,nortynec-thai The officer lad some six or seven days
before the goods removed ana lhai ne wa a. he
siore every dsyihst he bad the key OF the store having
car STAYED In store night and slvers TOOK me ky
rom him-thA he went away, and that he and bowles
came ri OF In the morning and talked OF iorciby en-
tering he sore-hat Slvers Told Bowes that noiwlih
s,snding the blank piece Of paper he was penec.y
wit He said four months. That Siyers mat AFTERNOON
en; IN New Jersey for the purpose Of procuring 10
' ~ sS ist before he went he asked Bowes II he
would lake advantage OF nm DUNG ms tDse1re'
y. .bonld return the next morning; and Bowles told
H. ,st he wond not siivers left about -four O'Clock,
leaving his store open for business that between snd
iL RoIes and Godep and appears from The evidence
or Mr. Hall hat he with then-looE al me g9ous
out Of the store; that Bowles and Golden were sianahg
HE same afternoon Bowles In great haste 10 me Oh
ice occup pied by him and Hall and took the mortgage a
going with him Mr. Hudson testified sl v nen ne ,
Bowes that the latter told him that he hsd met NE mort
gage West, another witness iesuhed maj ne ine'
IN WalLst ana relates conversation IN winch Do"les
tod him that he had claim upon siyeIs properly Oh
any kind that he might have mad as mere ,ao ueen u
mortgage made out In Carks Office which SiVers was 10
have given him. but that II was never witnessed OF des-
cred he had made up his mind not 70 aSe any
Es syng III il executed f:i proposed Subsequently he
met Bowes pursuant and iod hi ne hsa e 20 zee
as sivers had paid him. and thaihe would witness lhe
mortgage which still in his possession and give IL 10
Bowes as a lust and true one and that he West ha1
claim against silvers Of s. which he would put IL ms
hands, and that upon the foreclosure he would receive hs
pro rata OF the amount realized and that ne handed
| Rowes the note, that two or three weeks
aner Bowles handed him the note, saying That he
Uercnles Jones STATE, that he had conversation with sl
ver about the Of his difficulties and that ne related 70
him in substance precisely the matter as SiVers les
ifsd i'm this case Svers farther stated that the name
OF CLARK as subscribing witness to The mortgage IN
sked him If he he'd turned traitor and Clark denied ever
having given the mortgage 10 bowles svers also stated
ihat The reason he did take the mortgage from Csrh
table Al The time was that he considered Of no value and
thai he thought he had honest lawyer Ihese are essen
tay The principle facts and Gestures Of the case No 81
tempt was made mpeacl either The testimony OF sil
vers or West indeed any Of the witnesses Inc copy
Of the mortgage before ne shows tnGlii was oae us m
~ NAV 1916 In favor of Bowes, for -Ssand recorded
In the Registers Office under date 9TH Of june O. hspa
g. p Nj short tune previous TO the removal OF the goods
This Is ease requiring somewhat more than ordinary
care and discrimination In It's disposition so lar as my auy
Is concerned. For obvious resoDs the testimony OF Cia
given In liz iDcipient or former s'ssss Mnen Ie a. s
time 10 his discharge is excluded There can De no o9uD
ha an offence has been committed, and as is that both
the sed are ncupated and wherever wrong done
The law provides remedy the question TO be deter
!; Whether S Es ssn8S he Counsel for
the accused commended ably and forcioy mat tney hah
side. an ADEQUATE civil remedy which had been taken
hy Silvers who had commenced such civil suit WINCH II s
/
circumsauces the party should have with his
complaint into this COuri. Mr.. John Graham, who APP
peared on behalf OF he People insisted on ,ne
that they had been guilty OF ebony Aitef having heaIu
all the evidence and The very able ana enous srsnels
of both the duty devOves upon me, of disposng oi tle
case faT the functions OF tbs Cour are concerned
upon the evidence before me-
There can be no doubt that in every larceny there must
DO irespass bat tie converse OF his does MOI o.oWo
I'M other words that In every respass larceny Is involved
To constitute the crime OF larceny ne ee n.l oe accom-
panied in eonious intent yet mat intent teeu Io a.
all times be palpGby cvideul-or, IA Oher WORDS hco,I
secret taking Of the goods or thus sppIopfrh es ie
signifcaOn OF the word stealing implies Ihe leIohlous
intent be gathered from he iscis and circumstance
connected with The act, as for instance as clea N ~.
books-a man may hire horse ana hus sp , poss ~
with the OF the owner Vet the party hng
may be guilty Of erceny ~ selling or osp3sns o. ~.
intent being the essence OF he crime, ana ms 70 ne Ne
ennned by The facts snd circumstances aieno9g NE con
versiou So II send clerk, servant or common car
with goods TO DO delivered to particular person eho
he them 10 his own use and does no denver mem
he s guilty OF larceny, because hao SUI qiaAvu -
session until they delivered Gooos, also, OBTAINED
BY trick and device such pretending that he only WISHES
them show TO party may know, VINO WISHES 10 see
them with view 10 purchasing or for some other Object
instead of doing he converts them 10 his own use
he is guilty OF isceny snu ue Intent ~ toFetNe
by The So also, II a msn hnds pocketbook on
the highway, and there Is any uMk or ln9Ieauon 10y
which the owner IL or may be known, anu Tue hnoei
converts II TO his use he Is guilty OF larceny
This is awel known and recognized felony, both by The
English Law, aud hiss been expressly recognized by de-
cisons Ia supreme Court which have some what en-
larged the principle VIII be seen by reference to III,
case Of the People Garron Anderson, and oihersano
laid down by Justice Cowan N the case OF Cogde II
let H. Nj Report 81 Now IN al these cases, and espcc
tally the last named the parted with his property
and there be actual respass in the common sense
of the Yet the never actually or willing
parted with his property, to divert him OF title OF
ownership the Conversion In law subsequently, becomes
respAss against his right The taking Of property
though Dee openly done In presence OF number done
through color Of legal uile-may be irony, as
Of the process Of repley against another man
goods. Having actual or legal title. AMI the other
INTO whose hands the process Is entrusted be being an
innocent agent and clothed far be knows or 70 bound
TO know, with sufficient authority am guilty OF larceny
having used the law in fraud, and II 10 not essential thai
should uyself IN the part of Iaking-and IL Is upon
these principles that the present Is 10 be tested
IL Is clear tha, the mortgage not delivered 10 Bowe'
10 slvers his testimony TO be credited Is equally
40 that Il by obtained from The olher o
Clark by whom, how, and when or In what manner
IL clearly shown except far as The testimony
West eNplaas H. Ii Is also clear that owles had H. and
that Clark aided him IN making the means OF obtaining
the goods and by his sdvce Il Is equally clear that Mr.
Bowes svRed hirself Of the opportunity Of shyers so
sence and against his promise to the contrary TO remove
them that he did remove Them and convert them TO hi'
NOW outstanding the letter OF extension 10 syer
which he and the creditors had signed and In fraud O.
those creditors In looking intent therefore, and jadg
ing from these facts Is anything but favorable 10 MI
Rowes Mr. CLARK, who must have been cognizani o.
the whole facts and circumstances and agreeSbly 10 The
testimony OF West coTroboraied by The officer Goldng
CLARK also had the mortgage In his Possession. Under
l.r~u hat