New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-04-28

u
Leri Harris on a charge Of F0rgey-The defendant II
charged with having forged and uttered with intent e
defraud a draft for $4,000 purporting TO be drawn BY
Sidney Smith deceased on X. Clark x Co. OF which
firm Mr. smith partner in mis- lifetime The DRAFT
in favor of Mrs Nancy Harris. wife OF defendant
and sister OF Mr. Smith II was rst presented Tor pay
ment Is months after the death OF Mr. Smith. Messrs
/ Clark a. Co. (whO are highly respectable dry goods
dealers at l25 Pesrlst) Immediately considered the
draft 10 be forgery and gave notice to the Police Mr.
H. indicted the Sessions but the removed 10
the Court of Oyer and Termner. thence taken by GER
torar to the Supreme Court which latter has sent It to
the Circuit Court to be tired. Messrs Mckeon district
| Attorney Charles OCoRor and J. ii. Msgher, appear
for the prosecution and Messrs. David Graham Joshus
A Spencer A. Jordan, Mr. Fenno of Osego, and Messrs
Rexford and Burnett of Chensngo, for defence II was
understood that Gov Seward TO be engaged In the
defence and that gentleman was here three or four
weeks when the case was hrst called on, out Is not
now in the City.
Ii would seem from the opening that Mr.. Smith
native Of Chensngo County His father was farmer,
and had three children all Of them daughters beside Mr.
;. One OF them died unmarried another married Hsr-
rs the defendant; and the third married gentleman
named Csdy who resided in Connecticut but she has
since died leaving one child Mrs Harris has also one
got possession of the farm which Mr. Dexter Smith,
the father OF his wife lived giving mortgage for the
puIe money and he still resides there with his
family, the old gentleman being dead. Mr.. Sidney
Smith went, In his youth, 10 Utica where he became
qualnted with the house of Clark Co then he'd
in that city entered H. after being clerk partner
Quoted as Clark, Smith & Co and realized a handsome
property In 1872 his health became impaired aud he
determined to take trip TO Europe which be did hav-
ing previously made his will bequesthing 10 the only
child OF his deceased sister Mrs Cady $4,000 and 10
the only child "a daughter) of his sister Mrs Harris
Ike sum Of $4,000. Mr. Smith had taken up the mort.
gage on his fathers farm then in possession of defend
ant and his family. and owned ssid farm the time OF
his death. In addition 10 the two requests of $4,000
each 10 the children of Mrs Csdy and Mrs Harris he
made provision In behalf OF Mrs H. BY giving her du
ring her life time about 500 a year He also gave
about $1,000 each to three young children of partner
Mr. Clark The whole Of the property he placed In the
hands OF trustees beyond ths control Of Mr. Harris or
any other person except Mesas Clark the executors
under the trust. Mr. smith returned from Europe on
the lst July, 1874. On the 9Th Of that month be wss
taken with bleeding at the lungs when Mr.. Ralph
Clerk, al whose house he was wrote to his sister Mrs
harris, and the defendant 10 come to the City which
they cid and on the 3Oth July he died bis will being
unsltered Mr.. Smith had never been married His re.
mains were conveyed by hs sister and enombed in the
family vault at the farm In New Berlin
Fifteen months after the death OF Mr. Smith gen.
uemen named Bsbcock and Bennett belonging 70 Che.
mango County entered the store Of Messrs CLARK Co
and presented the drst now In question for $4,000
Mr. Harris had come 20 New-York with them and the
whole put up at Danninss Hotel but il was stated by
counsel that Mr. oil At took 10 excessive drink.
ing. and the friends who came with him had to send
nim away he giving power OF attorney TO collect the
dr-t-irs already stated the drsf, deemed to be
forgery. and proceedings taken 10 regard u H.
In behalf OF defendant it 10 alleged that the dram was
appended 10 letter which Mr. smith wrote TO his sis
ter Mrs Harris, short time before his being attacked
with the bleeding At the lungs la which letter he 10.
formed her Of his arrival and bis intention to come up
and psss the sumner with them. His Letter wa. re.
ceed and read BY Mrs H. before she got tast snnounc
lng ne Illness " her brother and her qusnt arrival
a. hewfork The letter 10 which the draft said TO
nave been appended Is lost the defendant and friends
saying II was taken from Vslise with others after
their arrival at Dunnings
Mr. Ralph Clark was called TO ths stand He stated
ms, Mr. smitn was partner Of his house His estate
will probably net $4,000 or $4,000 ne draft here
shown was presented for the irst time zen months
alter the decssse Of Mr. smith. Never heard of ,ucb
dram I'LL then Believe H. from the appearance and the
creumstsrees to be forgery The witness pointed ont
certain marks which lead him to consider IL such the
general writing Is better smoother than that of Mr.
smith the style Is different from bis manner of draw
ing drafts he universally put the check figures OF the
amount which this draft has not got instead Of
TO pay his mooe was please pay 10 the In Nancy
Is better than bis usual writing &c would say from
me genera sppe srsnce u was iorgery; Mr. Smith
NOT a man who would draw draft where be had no
money to meet H. and he had in our hands At that
time ne vas good merchant aad very careful in his
money transactions he freely conversed with me pre-
fous 10 MA death he got rue TO pay small bill for him
70 physician thar had attended him previous 20 going
10 Europe he saii he did owe smother cent 10 the
word-The witness underwent a close cross examine
ton, which will be resumed this forenoon
KlDp s Broom vs. John s. Hiks-Action for alleged
breach OF contract In delivering Of oats already referred
TO. verdict tor plaintf cents damages and cents
cost
sHERfTF'5 JuRY-An inquiry had yesterday after
noon before Commissioners DAILY Ferris and Jary, and
jury as 10 the lunscy Of John B Hasty Clerk of the
Police whose salary is still proceeding He was found
from the evidence not to be possessed Of any real
but upward Of 500 Is due him for salary The iary
returned verdict that ne ia Of ursound mind and no,
capable OF conducting bis own affairs, &c.
II CoH1eHtaoa Of Second Judicial Dirria.-Ihe
Wing Electors Of the Counties composing the new
ooRd Judicial Disi requested 20 send Dele 10