The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-28

Law r i ~ FL. rs-,,
tn S F H,rr,s Of Cbensnpo COUNT n
this state indcted or Forgery IN E nss uesee Mas
put on nis .r nir .n o,nns Wssshsr snnssrsd s
Mr.. Charies Conol, sna MI pp'H I, aoi
tne anu sor the asfsncs Tbs @
, ta 49, fFpy Mr. o,Conors onenny stst
snts Ths ist NJ sidney smith the brotherinsw
xent. no is'o W.. ~ hnnsa ~ ClsrSs r. ro ~
~ sn' aoouyee ILL., ar vomng In three y.a "a ~, 49,
he hscsn,s nsrtnsr and CONTINUED partner In tha
hon"s until arst January. is4s In the wear lsly
Ms health became impaired and be was sdviss
b. HE nbvs;cian to travel He then went A.
Virginia Springs. and after remaining there a
short tina he returned TO this city settled his
affairs and went to Europe; the list Of January
ls43 the partnership in which he was concerned =
the concern it was supposed that Mr.
was worth from 100000 TO $4,000, or perhaps more
Previous to his departure for Europe he made his viii
NV which he trustees and devised to than In
trust for his niece the daughter of his sister and az
MIR Harris a sum of thirty thousand dollars, over
which her father was 10 have control. He devised
other property In like manner to his trustees for the u.s.
Of his sister Mrs Harris no also devised to his nephew
and niece the children Of his deceased sister Ready
$50 600 and to the three children Of his partner Ralh
Clark he devised $1,000 each In July, l345, he re-
turned from Europe this city In tho Great Western
and took up his abode with Mr. Clark On the eth of
July he wrote letter to his sister, Harris
her of his srrva-that intended visit her and re-
main at her house for some tme he also stated that he
met with very distinguished countryman Of his (Gen-
eral Dix In Europo--that he expected the General
and his family would visit him. and directed her
prepared to receive them. Mr. and Mrs. Harris
allege that the letter enclosed the check in Ques.
ton In day two afterwards he was at
lacked with bleeding of the lungs; the next day
Mr. Clark wrote to MIR. Harris and his wife, apprsing
them Of his sickness and requesting them to down
Immediately; they arrived that day week. and Mrs
Harris continued with her brother until he died the
3Oth Of July Mr. Harris went away the Wednesday
after his arrival In about fifteen months after his
death the check which !, now alleged to b. forged pur
payable the order of Mrs Harris presented TO the
firm by man named Babcock, under power of attor-
new they refused to pay it, alleging it to be forgery;
and Mr. and Mrs Harris subsequently brought an ac-
ton againit them the check draft and obtained
verdict The Messrs Clarks lodged information the
police Office upon which they obtained warrant and
had Mr. Harris arrested and subsequently indicted for
the alleged forgery
RALPH CLARK examined by Mr.. O'Copor.-Resides In
the city of New York; lisa merchant Of the firm OF Clark
Co knew Sidney Smith formerly Of the city Of New
York. he died at my house on the aoth OF July ne
returned from Europe the 7th Of July sunday
morning in the steamship Great Western he taken
with bleeding Of the lungs the 18th Of the same
month aud continued at my house until he died. knows
The defendant Harris aud his wife; witness wrote to them
Sunday the ilth that Smith taken with bleed
ing aud requested them to down; they came the
next Sunday Harris called at my house in the morning.
his wife was not with him; desired him to go for
her; he did, and brought her and she came aud re-
manned with her brother until his death; Harris re-
manned there until the Wednesday, folio wing; Harris
came to m " lille he was at my house and asked
me for fifty dollars on account OF Mr. Smith; d-
smith; that the only message he brought while
there when came home Mr. Smith asked If Harris had
been at the store; told him he had, and that gave
him $50 ON his account.
Mr. SPEScER for the prosecution, said it doubtful
If what Mr. Smith said would be evidence in this cause
but as they intended to offer some evidence Of
made by Nir Smith previous his DEATH and If there
objection made to the evidence they intended
to give they would not object to the evidence now Of
fered. Mr. OConor would mako no bargain no .tpulu.
ton made by counsel in criminal causes could be bind
ing on the parties for moment; but he would now de-
cline asking witnesses as to any thing said by MIR smith
WITNEss in continuation Received a letter FROM
Harris about year prevou. to Smiths arrival also
vious to Smiths arrival first became acquainted with
smith in 1925 our firm then employed him as a clerk
he was then from B to 90 wears Of age we had ut the
time a store In this city and another in Utica; in
1898 Mr. Smith became a partner with Mr. Bartlett
one Of the firm and in 1881 he became partner with
me and nv brother he retired from the Arm in 1870
at that period he became sickly and was advised BY
his physician to travel he then went to Europe
January Is43 when the partnership expired BY its own
Limitation. NV brother and then went into I'm
under the firm Of Clark { Co; Draft producsdl Saw
store; saw It with my brother and Mr. Maher; that
Was the first ever heard of it, never saw or heard Of
it before
Q-What was Smiths method of dom business in
rega I'd to money matters!
Ale was a yerv GOOD merchant
Q-What was his manner as to pecuniary transac-
tions-was his manner close or loose!
Ale was a very careful man.
Q.-What degree of intimacy existed between YOU and
him!
A. There was a very cordial intimacy between US;
during his illness at my house he freely with
tion; he spoke low but had difficulty in oompre-
bending him during the last week of his life he spoke
very little on business paid ono doctors bill for
him Of $40 and when handed it to him he In great
passion and said was the ridiculous ever saw
he would have paid with great pleasure; the bill
for medicines furnished to him before he went to Europe
Draft produced Had great opportunities, as much as
partner could have Of another of seeing him write
Judging Of the paper by ITSELF and OF the handwriting
ITSELF should judge the signature to this draft
or any other part of it, not in his handwriting;
knows that Mr. Smith wrote letter to his sister after
his return from Europe In few days after his return
went with him to MIR Graham once In Liberty street
and saw him sign deed we parted there, he went to
my house and came back 70 the store The next day
9th he said he would write letter to his sister and
ON the next day took letter addressed TO Mrs. Nancy
Harris, which he gave me- and mailed 1t At the post
" WAT otner relatives hao MI Sinitn Desdes Slrs
harrls ana her daugnter'
A. HIS nephew ana niece heaoy THESE were MS next
n. BabcOck.