The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-14
Court Of General Sessions.

|
ton Of the committee
Courl Of Gene raj sessions.
Before the Recorder aud Aldermen Jsmison aud Clark
Disc ~ =I'iat Of Jo"ph.O iiasbrouek for O5tasniss
M"Sty NJ Fafse Piefences.-This ease. which CON-
mercsd on Wednesday, was continued to day
Peter II. jackson was called for the persecution.
sgent; be was applied to by the accused In SUN
mel Of lS45 TO lean $4,000 property ruthto w.
III cls.r county did not succ.ed In getting the loan
just at that time; applied TO Mr. Dspeyster about tho
same time that the application was made to me; he
said he would take it into consideration; doot kaow
that ever saw Mir. fissbrouok until he applied to
for lean; think no said he poy ia the
tom House In ths city. as q clerk: Mr H,.r,orck
.ho wed me map Of the property either ct that time
or aftsw ards shownl that has appearance Of
the map which he show.d to me; (~itnsss IL sap~n .
statement Of certain property with memorandum a.
tsched) the morsndam Ia in my hand writing. and
the statement resembles the given by Mr..
the map appears to me larger thso tns one
itaw; cannot say positively whether II Is the
or not
john w. Depeyster was the next witness aud he
| testified rs fvllows:-l reside gcotraly at Tivoli,
| butchers county; have = city residence at No 20
white street. resided there In the Of 1915;
Mr. JsoksB the last witness had been In the hsbs
some time OF collecting rents Tor Mr. cav hasbrouok
In December OF lSis or In January or reb lS+5;
~ my house. and first him there; an appicssion
| WAS made to me Ia December or January. TO loan
$500 on Mr. hssorouck's property at cuth!lto~ni
| Mr.. jackson or Mr.. Hasbrouck took them with
fonshheepsis or Red Hook, intending to go into
Ulster county and examine the property. sent back
the schedule by mail and the map by Mr. Livingston
my broh-r-n law; crossing was So bad that did not
| go over the river It was very cold and there
great deal OF Ice declined the ated
| with MT. Jackson, iniurmirg him that declined.
Letters ebown) ind here letter In which decline
| to make the loan (Map shownJ think this Is not
the ap shown to me at first; know it Is oas
which based The loan; sometime subs-auent TO
my going up the river to exsmins the property, Mr.
hsshroucA importuned me To make the oan he ,llsd
on me At my hSuse No 70 White street tomsias
stated that he owned u large property ~ ruthii-
town; he mentioned tavern, a house whsrs he
Ned mill lltnR hntsas a
there VAS about seventy acres Of land that it
we'll situated for business. with water failing,
ond he mill dam not lisbls TO be carried away that
the property would rent for about 81 $40 per year.
which would furnish excess interest
and Tel airs tie seit ths reason for his coming back
to me was thst persons who had money to loan on
property did not like TO losn it for long time
five " he gave me to understand that he wsutsd
to raite the money immediately tld hin II he would
and gee certificates TO the value Of this prsperty
iron persons Of standing and character showing that
this property was worth two three times
be Wished to get from me and then take these certd-
Gates TO Poughkespse, and get judge kuggss ADD Mr.
Rstzer u certify ss TO the character and standing OF
the persons who shsuld give the cerdcates his
turn. would zee MT Owen, who acted my attorney
aud council and get him to anime into aud
that, n he title and the oerthcstes Of value
ttfxct6ry, would make the loan to him He brought
me certain certificates (papsrs shown) sm
the,s are the same oertipcatss sealed them sp TO-
gsther after found that the matter vas No. going
MI " ought.
The statement being read showed the estimstsd va
Ia. to be Upwards o. s3 600 The property named
seventy scres 81 land. gIiss mill say mill tan
yard aud bark mill woellen factory eight boases aud
tso stores. Accompanying this statement was csrt
heste that The vslu. CT the property vas a. stated In
fehs cue One OF these es ates signed by WiilSt
Lindermsn and Jas .. Linderman aud the papers
accompanied by q certificate from Judge Rug sles In
reference to the character aud standing Of the
IiDdrnan, one Of whom for long time judge Of
Utter county and the ether being at that da,s disrcg
attorney Of tue came county
After the reading Of the eertGcstes the exam
Of tbs vituefs was coHtrued 10 tho history u the
traLsaetiop betseou him aud the accused appeared
rad he that lia bsouck had given mortgage Co the
BARK of Poughk.ep-e, aad the neg whca = wanted
Of Ire Was te be used to pap od that mortgage aud
clear the property Of come other iucumbranoes lie
said he was going to give me a MORTGAGE ths
that which he bad gwen TO the Bank OF Poughkeepss-
That mortgage was for sS.eo0 tic said there q
snbssqusnt mortgage given TO one Fraucis Kane. I
believe u vas tor $4,000 do not know whether
he TO Jay on the whole amount OF a balance;
but believe it some 81 900. rhe remainder was
10 go to psy oil judgmspts | always undsrstood
that nortgaR.d TO the Bask Of he T,vs
mo- 20 understand that the mortgage Included ali his
proporty at fulfill; Mr. abroucs stated 20 m tbss
ell tie property esum,rstsd In the statements aud
certificates which be showed ms on his return from
PouGhkeep.ie vas covered by the mortgage TO me, no
tsid he bad lot OF Wild laud stich In di puts be-
tween relative aud himself; he talked TO ms about
about al the itsns CT prop,ry, OF The place where
lived. The mills, the tanning yard, storsbouses and
other buildings; (boud and mortgage shown; that is
The mortgage ID at he executed 70 aud that IL the
bond; the mortgage was for Sl2 600 secured by the
bond, witch IN the of s2lo0o; the mortgage
was dated FEB Fl. aeknowle1gsd March l6, aud re-
corded March 49, 1875; tn. papers my pos
s.tsion wh' n MIR. Oven had examined the titles aud
proved tb.ri good, when Mr.. Oxen called me 1
gave him these checks; (ohecks rvsd) rrst cheek for
~ Coo fentto foughkeeptie to pay OF tue mortgage
held by th. Poughk.epsis Bank this cheek dst.i
March 49, IsIo the ,econd check dated March 10,
fer 1888 was drawn on the Bank of Comercs to thu
order Of Jotsph o. Hssbrouek the third check dated
March 20 was drrsn TO order Of h. II Owen Tor j. D.
Hstbrouck for $1,000; the fourth checs dated March
20. to order Of o. Hssbrsuck for r. H. ven for ss72;
total Sl2 Gee; MIR Oven after wards gave us back
lS.s SO; I subsequently, paid that AMOUNT to Mr.
j. q Hssbtouek, At my bouse in White street. The
circumstances we're these The Money In the hands
Of MIR Oren vss to be paid over to Mr.. Hssbrousk,
M hal off ri and ia. tNHru a.
tstiftsd
By IN. Court. You had advanced to him the $4,000,
except 1880 80. Why Was that aniosnt suspended,
Wines In order TO ascertain IL all the property
mentioned In the statement covered by the mort
gage.
Counsel for the prosec WIN you .ell VIA. took
place between and Nh Iabrouck before that cheek
Counsel for the defence objected to the question ON
the ground that the Transaction was compets when
the mortgage wsB executcd.
Q-wss IL Kept back to be paid en- the execution. Of
the mortgage or was u to be held by till the insu
rance was completed
Arm the whole was sonsRmpated. paper shornl
That Mr. Hasorouck'e signature, made by him when
paid him the 81 1856 s.; would not part With tho
money without he gave me tho certificate (rhs
thosts v1 dated March g. lsi6. and TO the effect
that all the property enumerated In the statement
covered ana Intended to be covered By the mortgage.
given TO Watts Depeystsr) The date OF March . is
not the correct date Of this certificate; 10 really
given the 18th Of APRIL the certificate vas given AZ
my house No 10 hite street; the check given 81
the ssme place.
10 the Court MIR oven told me I had better and
Ss. ths amount Of ise q wa. reserved for any .ps
ciho purpose; 10 vas the amount that happened TO
main In MIR Ovens bands; the money supposed, wa
to be sdysncsd Ron time to tine, to suit MIR. Has
brouc.'s cnnvtnieuee.
Prosecution offered to read policy OF Insurance. Ell
fcted by Mr. Hssbrouck, and assigned to Mr.. Dsp.y-
| ster, dated April 10.
The rtsiing objected 10 By dsfen dsnts counsel
Council fer the prosecution offered to shos that the
property injured VAS represented to Be part Of that
ser.d BY the mortgage when in fact tse defsndeu had
convey ID cut u his possession into the hands Of
trustees for he wifs's benefit
Witpess-Op this property (he property said TO b.
trsnffsrr.d TO the def. ndant se) Mr. Hssbrouek has
Kept up the Insurance; have had to keep the iu-
luance en- the rest myself, understood that vas ts
have the ssme Kind OF mortgage morysge on the same
property as given 70 the Bank OF POugnkespss
SLed the cefs ndant 20 show that out he
never would; he put of; asked hiu when he came
do~n from PUughkeepsie Why lie dit not oring the
mortssgc he said AR Davis very cross he did not
want the mortgage paid on, aud would not give u to
him; have toce got a certified copy off.
The time having arrived for the court to sd-
....- Lr.....a 70 hnll - xsnn 80