The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-03-18
Markets,
General 0cSslOnss

Before the Recorder ana AID Adams and Downing
CURIOUS CASE OF FRAUD-sIxrH DAY-coNvIcTIoN
OF THE ACCUSED.
Shortly after IL O'Clock yesterday morning, His
Honor charged the jury He said that Lssslo ChAndor
was indicted for having, in what called in common
psrlsnce, obtained money and goods by false pre-
tsnoes. That was the issue upon which they had to
put their pass In calling their attention to the
mony, it WAS not his duty to wade through all that
had been adduced both sides which Is always
happened in Of that there had been great
deal which was irrelevant, and that colls-
tsra but he would direct their minds to the conSide
ration OF the principal facts, and would then give
them what in his cpision, va, the Law by which the
indictment was to be sustained His Honor having
gone through the leading points of the evidence the
prosecution and thedefence said that there
call their attention, viz that part of the evidence Of
Mr. Afntr where he had said that Chandler had given
fictitious names TO the clerk Of the steamboat whe-
Their that was attributable to the alarm he felt ct the
time or not, itwss 70: them tei say; secondly his
having denied that he had committed forgery in
Vienna. 1t would bs their province to reconcile these
differences in the testimony which they had heard,
and to dispose of them the best Of their judgment
II they believed Amer he (is Honor) presumed that
hand they should be Of opinion that the
had been got up In consequence Of letter which had
been Introduced in the Of the trial, that NO
money had been given to the accused by Amer, and
that there truth in his statement then 1t would
be their duty to asquit The law of the case lay within
10 narrow compass II the individual who complained
could have guarded against the alleged loss, by Oh.
servng due prudence and caution, In that case, the
|charge Of false pretenees would not be made out;
but II due csution could not have guarded him
|assnst it., then the false pretence sustained,
and the offence within the SCOPE Of the statute
When Q representation was made which ordinary
prudence could not have guarded against, them the
false pretenoe was made out; but II Q man, for in
stance. to cay that he worth $4,000 snd II
inquiries had not been made for the purpose Of
|ascertaining whether that true not, falss
|pretencs could be charged. Afner was stranger In
the country; he knew nothing Of the laws he had
been told that his creditors had here after him,
and that he must conceal himself Could ordinary
prudence have guarded against all that? II II could
1T was for them to say IL of good deal of
interest II Afner's statement true, he mad lost
money the grossest fraud for which he appealed
them for redress IL he had spoken the truth it
mission Of the most daboiical fraud On the other
aAnd they were to that the accused who
rsund sd by his family and respected friends suffered
no wrong and that they did not consign him to the
State prson unless they were fully satisfied of his
guilt.
After his Honor had concluded his charge Mr.
GRAHAM requsssea him to charge these propositions to
jury first that the pretenoes rested solely
Afners testimony, and that, II they dsbeeved him,
They must acquit; the second that IL he was wfuly
alse In particular, he false in ALL and the
third coroilary from the preceding propositions
that the Jury dirbeeved him to the entering Of
fictitious names In the books Of the steamboat and
to his denial of the forgery they must apply the
|rule-- II alse in one false 10 oil
His HoroR sssented the truth of the propositions
and charged accordingly.
The Jury then retired and having delberatsd about
half an hour, they returned into court with unani
nous verdict of guilty.
| The DIsrRIcr ATTORNEY then prayed the judgment
Of the Court upeD tie prisoner.
His counsel prayed that it might be deferred,
ceptioDs had been taken in his favor.
Hs HONOR having consulted with his ASSOCIATES, said
that center would be pronounced on Saturday next
the meantime. he ordered the prisoner into close
custody.
when the verdict was made known his wife and her
sister were affected to tears. The parting scene was