The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-11-20
Court of General Sessions.

Before Judge DAILY and Aldermen Bard and De Lamater
Nov l9-Triai Of John Butler for Passing Countereit
Money John Butler placed his defence
on charge Of forgery in the second degree in having
the night Of the 18th of June passed counterfeit
e Be I sS "a ssss 70 s.
on the evening the 18th Of June last the prisoner
came to his place Of business (Which Is butchers
stand at the corner OF Charles and Fourth strest and
asked witness to change $40 bin the bill was $40
note on the Owego bank witness changed the bill CIV
CHARLES Butler the brother outside the shop
door st the time the accused inside getting the
change. A person soon came into the shop and gave
witness certain information which induced him to go
after Butler and demand the return OF the two S. bills
Butler at once complied with this request, and re-
exchange OF bills took place The bill was here pro-
duced and admitted TO be counterfeit note, l. T.,
note altered from 81 to $40.
Thomas Lovett sworn-I am captain Of the Ninth
ward police, and was so the 10Th Of June last;
In the station house when the prisoners John and
en- ana ,ssrchea ,Ssuo fonni mon ths ns,,oo Of
the prisoner $40 bill OF the Bank of 0weso (Bii be-
fore produced here shown to the witness, who de-
esred IL to be the same one found upon the Of
the accused
The prosecution here offered to prove that a large
amount Of counterfeit money was found NJ the per
son Of Charles Butler Counsel for the defence OBJ
jected 10 this as 10 not yet proven that the bro
theirs conn. cted In the Transaction.
Tbs Court overrued the objection. and decided that
sufficient had been shown by the testimony Of the trst
witpess TO prove connection OF the brothers In tbs
the ruling OF the Court
Witness proceedsd-we found several counterfeit
tieht notes the Bank of owego, all altered from
81 bills
Crofs-exsninsd-on ofths bills was wrapped around
email magnifyipg glass; L cannot reooliect rAich
barnard Leadebor sworn-I am a physician and
druglist; keep drug store In Christopher street. on
the night Of the 18th June the prisoner eams into
my store and asked for box OF Lees bilious pills; he
offered me In pay ment $40 bill on the owego Bank;
Tefu'so TO take It. aud be went out and after short
time returned end ssid he had nov ZONE smaller Oils
told him vented none Of his bills and he vent
away.
Timothy Clark, sworn-I am policeman of the
Ninth ward; arrested John suthr the evening OF
the 18th June received information which induced
me TO go and arrest the prisoner; arrested min In
Greenwich lane and took him to the station house on
way there, met officer Westervslt with Charles
Butler In custody; took them both iu 90 our gay
John Butler stked me shat be- was arrested tor tod
him II was tor passing counterfeit money he sAd ne
bnew not hing about II; there was no money % 1Ohn
except the $40 bill already shown the brothers denied
all acquaintance With zach other
BY q Juror-Job denied all knowledge efChsrles
Henry W. Smith being duly ssorn, testinsd AS fol-
lowsI live a. lis Amos street; the lb,h Vt une
last, saw the prisoner standing In the door 81 tns
drug store slrt sdy mentioned; ne vent from there
and joined his brother Charles, aud went towards
Ble.cker street; witness saw than 10 into grocery
store and ohm vent into the butchers shop Ohares
meantime standing In front Of the shops Joho came
cut OF the chop and passed up Charles .terti wen,
told him. both started in pursuit OF John ~s over
took them and then went TO the station house' ana
procured the aid Of officers Ulsrk aus wessrvet VINO
arrested both john and Cbsrles Butler,
/ Cross examin,d-I saw John aud Charles togetner
about two minutes; they walked together for hall a
blsek after Jchn came out Of the drug store
John Davis sworn lived In Christsp her street
/ on the 10Th Of June; 1 keep grocery there Johu
Butler came into my store shout niHe CLOCK In tne
evening the 18th VI June aud arksd TO ohange
SO bill Charles Butler had been there ew minses
before, ana got eisss Of beer; John Buler s.id ne
| was buying ame pills ct the drug store jut belor
and the druggist had requested hin 10 come 10 and
get the bill changed I then took bis bill ana gave
him In exchange SO bill on the Bank OF Attlebor9'
| james q. Westernsld, sworn ARRESTED UhaTe. but
Ter In Factory street near Perry street hearo tns
| terfeit money aud went with Mr.. BriekSeedie sn'
| srrestSd Charles
The prosecution here rested and the defence, Win
out any formal opening introduced witnesses TO prov
| the character 81 the defendant
| Benjamin Csnn.veilo, sworn.--I an ssgar manu-
| fsotursr and commission merchant, have knoNn TN
| accused for a numbr Of yearr-somS seven or eien
ytsrf; have al says esteemed him man OF goou chs
Tsttsr he has dealt With me In regars
Sarah q Thomas sworn I know the person sno M
not CHARLIE. but Comfort; I have hnown the accuss
fomt t,Ae be has siways ssisr ss kDo~, been ~
honest, tuoptt ioua he worked at DOCK outuihs
ana brought hi, money home aud paid hn d. ots :.
| tross.ensmibed Tbs eccuesd T. my SIN itN,
msfIis NY daughter; have always undefssooi tfvu
the ftuiiy that the usm Of hts brother wSs Uen"rt
| The case wss SUMMED up by counsel on etnsE 70
Judge Daily charged the jury az t. the points o' ~
volvsd IN The and the proper application o. ta
| testimVpy 60 - His h0t or reviewed the te"lnon
carefully and io'psrtiaily warned the Ja,l ~. =.
niilse by natursl ~ mpstbiss. but " doaos exste'
| 20 sIplJ N, m IN favor ofthe prisoner
1 The jury. Without lesvins tneif ste rtnrneo va
| dict ot gGilty TIE prosecuting Attorney m"ssd v
judgment ains' the rrissptr Nj fh'hp.~
council fsr the oeierrtS ssid he int'rdsa 70 move
sui prcecdfd . ssrt n Bu,srto The stat pfit'
| ~ Eve -rrra - cru.t .h~a ctieCrnef fes s4s ga