New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-05-08
Trial for Forgery.

CmcuiT CoUaT--Before Judge Edmonds--The TriaIof
Lsri Harris. charge Of Forgery aud mtartaS O
sf for $4,000 IN The name Of SidHey Snth, deceased
N C. Clark & C0.-COntinued.
Iudse Edrnonds expressed opinion that az to the
bad writing Of tho draft nineteen twenty witnesses
syips 10 Its being the handwriting of Mr. Smith
and fourteen that II nearly balanced the testimony
and made II on that point to withhold the cause
from the Jury. As 10 forgery the testimony Of Mr. and
nrs Babcock OF having seen letter opened and the
gr that lived with Mr. Harris Of having privately read
such slsier Aerwad proved that letter of the kind
had been received by Mrs Harris and that point also
should not to the Jury In respect TO delay
Mr. Harris not at home the Sunday which II
received and did not get back till the Thursday fol
lowing Immediately after which the second letter was
received, advising Mr.. and Mrs II. that Mr. Smith had
been taken III, whom they came TO New-YOrk, this,
couples with the testimony 10 the manner in which
he lsttor was found would explain that point, and
therefore, should not 90 to the Jury. AS to ut
nfag. there 10 no testimony that be did that, and
relation 10 the probabilities OF the case the deposition
Of Cen Dix TO Mr. Smith speaking 10 him of the will
he statement of the nurse that Mr. s. said before Mrs
Harris 10 the City that he did not think he had
done Justly by bis sister the letter now In question
dated previous to that and the testimony OF the young
who testified TO the time the letter was found
sidsd Mr. Sc attachment TO his sister and his proba
be reluctance in speskingto Messrs Bradford and Clark
bis executors as to any change in the disposition OF his
sas also his asking his sister after she arrived If she
bad received bis letter, and on her replying in the afr
native telling To take OF IT, cOunterbaanced the
conversations shown with Mr.. Smith TO his business
sssirs sc The Judge considered. under the circum-
stance that there there to suppose the draft
pbe genuine. de did not think 1t was case winch
should 20 the Jury. The Judge made general re
marks OF which the above is the substance He thought
should not be permitted to be convicted oil forgery
on opinion az to hand writing.
Mr. Eekeon. District Attorney said he considered "
ks duty In behalf Of the people sosmDy TO enter his
protest ssahs such principles rs those laid down by the
Judge and deny bis right to take from the Jury case
20 deeply and vitality affecting the safety Of the CONNER
this IL bis firm and sincere belief
hat the dreh 10 forgery. stand alike, said Mr. Men
bprotset the people and 20 shield the innocent and IN
his demand the light to be heard before that Jury
and sf,er they have made the decision VIII Willingly &C
qliesee, let the result be as II may.
Mr. 0Conor also expressed himself in strong terms
tsaisst the views Of the Judge. He fully ana sin,
esfely believed this draft TO be forgery Inc STUDIED
manner in evory stage oft TO have witnesses present
twss in the OF the asserted last bond clsmeo oy
Mr. Harris against Mr. Bostwick affords evidence tha'
Rwas coDtnysnee from beginning to end SO lar as ie
postscript and draft concerned and nave 10
doubt said Mr. OC II the whole letter shown by the &c
eused " the Witnesses had not been written by some
other hand than that of Mr. Smith Mr.. DC pointed out
he difference OF style and tone between the hrst part VI
Zoe letter and the last the conveys hope the O'nei
dependency, &e. -
A, to the letter not having been read by MI or Mrs
harris till after the lapse Of Is months SAID Harris
vas not home that day, of which said Mr. OC must
doubt but allowing that such was the case there Were
Sunday, Monday, Tuesday and "Wednesday, IN "hich
the letter was In the possession OF Mrs IL WINE Hono
ed ettsr from dearly beloved brother; pc was coming
bOms to spend the Summer; the first part contained
Important instructions what he wished 10 nave her 40
sit not probable that in all those four days she "ouiu
have thoug the last part contased instructions as wei
~ the hrst and carefully read the whole of
Mr. Smith 10 shown TO have been shrewd sne cor
rect merchant and would not have written sueh
letter and dra this IL 10 shown from the whole OIL
his conversation that while be had determined TO pro
vide well for his sister and her child he meant 10 place
what be gave them beyond the control OF Harris
by such proceeding this the whole OF the sSVVVN
voud go into his hands IL 1t probable he would have
dine toi But great taken that this letter should
e lost and not presented In evidence although copies
without number taken before leaving TOT new
York To deal with transaction OF this kind as the
Court appears d.posed to do Mr. orc. considered 10 be
ihe hgbest degree dangerous Forgery hug urea
con sgainst commercial community, and II II can be dis
posed O. in this way there is no safety they nave
SPIRITED away said Mr. orc. one OF our principal wit
besses as they have spirited away the letter; but we
hope produce the testimony and AJAX to be permitted
20 to the Jury IL 10 for the Jury TO weigh the tes
nony Of the of the girls who spoke OF seeing tue
letter, and all others. Mr. oC. made other and strong
remarks
Judge Edrnonds replied lie reiterated the idea that
amsn should not be permitted 10 run the risk OF con
vleuon where the Court considers him innocent Inc
.e'na, one Jury in the country has already iono 10
ia'oi Of the validity of the note has great weight
oai ior the magnitude of the case he would have
stopped AZ the close ofthe testimony for prosecution
ny OC. said there had been important testimony
tSed out Ia that trial but he willing that the whoe
VI me testimony then given should 90 TO tins jury
The Court then srked that what II had said WAS IN
me way OF advice TO the District Attorney &c that ne
h,sht withdraw the case
Mr. heKeon again replied Except in the case Of a
s0A man, he said he had never known the Judge ih
as court consider prisoner guilty.
Mr. Spencer rose 10 reply the District Attorney and
L OConor but Judge EdmoDds stated that he had JOst
.eeoNeo message that the Courtroom was wsnleo ia
this forenoon