The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-29
LAW IntelliGence.

A.
| Trial for Forgery-second day-The case for the
prosecution was resumed. The cross examination of
! MIR Ralph Clark continued by Mr.. Spencer
| WIrnEss-I don't think / have any interest in this
suit unless that Mr. Smith has left each Of my children
5000 and think the win reads IDS that an the iegaees
O'CoSoR objects to this mode of cross Examination
sCouRr.Nr Spencer, don't the application Of the
sprrcrn.-i think this mode of examination is quite
legitimate want to show the extent Of interest that
Mr. Clark has in the property Of the late Mr. Smith, and
that he has set up claim to very large portion of It
since his death in order that the jury may attach such
MIR OCoNoR was heard in reply.
The CoURr decided in favor of the admissiblity OF
| the evidence.
Q--Do you or your brother set up any claim to
Smiths portion Of the Brooklyn property In exclusion
| to Smiths representatives!
AIN our answer in the Chancery suit, the lawyer
put in something's but always expected that onothrd
OF the property belonged Smith to knowledge
set up any claim to his property except what
was III the answer; and knew nothing about that until
the answer was sent up to me to Saratoga nor did we
since putting in the set any claim to It, nor
did we give any instructions to .he lawyer who drew
| the deed how he was to draw It,
@ Is the draft alleged to be forged in the handwriting
A. It is not. | don't think he writes so we'll
q was your brother in Europe while Smith was
A. Yes sir; he was there in 1914; Mrs Clark, my
wife, was with him think he reached London in July
OF that year don't know whether he took letter from
Mrs Harris to Smith-thnks he did
Letter marked No. produced.
g. Is that letter in Smiths handwriting!
A. should think it s Several other letters
produced which witness identified to be in the hand
writing Of Mr. Smith The witness underwent search
ing crossexaminaon in regard the comparison Of the
handwrtings in the draft and letters and directed
by the Court to point the distinctions between the
handwriting of each.
Q.-By whom was the draft presented!
Al was not in the store at the time
Q.-Was any one arrested Immediately after!
Ayes, sir: Babcock was arrested after dinner he
discharged soon after
Q-Wss any warrant procured for the arrest Of Har-
Al believe the matter was put into the hands Of the
and hntio tnaY do
affidavit. believe the warrant was obtained and Mr..
Stewart was sent after him. | undorstand that 500
was furnished to Stewart for the arrest Of Harris did
not give Stewart any instructions in regard to Harrss
arrest My brother, Mr.. Bradford and executors,
Mrs Harris under the draft VIII have paid about
Ave or six hundred dollars to young Ready for his sup
port.
Direct examination resumed
ON expressing opinnion the handwriting of
crepances by the general character of the handwr
ting!
A.--More by the general character certainly
Q-How long after you saw the draft did you pro-
nounce it forgery?
A.-Immediately; the moment saw it pronounced
it forgery; did not think that any could be
rious in presenting it, from the time of Smiths death
to ne there Are ARE r% nj in
property at the time the put in the lawyer
sad the point he raised in it would stop the Chancery
death - ''''''
Twill of Smith produced.]
Q-Did you in pursuance of the directions in the will
execute mortgage to his property in your
hands?
Power Of attorney executed bv Smith. and number
of drafts drawn nv him at various tmes were mt in and
the In each comnared with the a,feced foro
ed draft
ENr.sP C,.pxr examired nv O,Coxop-Ie hrother
of the last witness and one of s Arm Aiaoed forged
draft nroduced i $3.50
Q.-When did you first SEQ this draft.
Alt was presented to me the 18th Of Novem-
nor had | anv Knowledge or intimation Of its OK,
isence until it was presented 1t was presented at
the name of Babcock who he said had a ANAL draft
firm Mr. Babcock then presented the draft
witness looked at turned it over and the endorse
ment the back signed by Mrs Harris directing it to
be paid to her husband witness asked by what autho
ry he presented it he took out the power Of attorney
now produced, and gave it to witness witness asked
why it not presented before MIR. Gilbert replied
Mr. Harris had his own reasons witness then asked
Gilbert If he taking sides against he replied he
had no interest but to introduce Mr. Babcock; Mr..
Gasner, tho bookkeeper then came up and looked at
the draft, and pronounced it forgery; Mr.. Msagher
the attorney sent for Mr.. Bradford, the
other executor and they both came at the same time
and MI eagher advised witness to 90 to the police Of
nce witness did So and made an afhdavi before JUS
tcc Osborne upon which Babcock wasarrcsted he
afterwards discharged on the examination; witness
went to Europe while smith was there he went ON the
Ixo Oh april iS44i met omitn IN London on tne letn OF
,F' In o.s o " % ifo aS sssel saw S, e
witness hired smith as clerk in 1888 was acnnainted
| with him from that time to his DEATH and had MANY
| opportunities of seeing him write
| G. Look at this draft and without reference to any
exrinsic circumstance but judging of the handwriting
| ulOne-is IL in Judgment his handwriting!
Alt snot
The draft and power of attorney from Harris to Bah
cock were then read.
WIrYEss-I was at the office of the Surrogate when
Mr. Smiths will was proved but l do not recollect |
Cross-eramined by spENcEn.-Q.-For what reason do
you condemn that draft as spurious
A-Because it lacks the character of Smiths hand
writing; it better writing than smiths The remain
dor of the witnesses testimony REORGANIZATION,
similar to that Of the preceding witness this part
of the After his examination Of the letters and
contrasting them with the draft, the Court was ad-