The New York herald., 1850-05-21
Court Of General Sessions.
Before the Recorder and Aldermen Griffin aud
Franklin

| Court or General Sessions.
| Before the Recorder and Aldermen Griffin and
Franklin.
TIE TRIAL or JAMES ARLINGTON BESSEr on A
! CHARGE or FORGING NOTE FOR $1,000.
MAY 2O-This was the fret business taken ND
in court this morning Ths defendant being placed at
the bar, hr Mekeon, the ssstrict Attorney said,
Bennst (rsing)I sent to the late Attorney General
to get him to try this for He replied that he
would do so with great pleasure it not that he
was obliged to leave the city and go up the river on
some business which he had already engaged in.
knowing that shall be in the hands OF just
and that my will rest with impartial jury
will try the case myself (throwing bundle OF papers
| ON the table, am now ready
Mr.. David Graham who is associated with the Dis
trlet Attorney on the part Of the people, here ad
had a right to defend himself; but it is due to the
prisoner to say that he have counsel assigned hi
! him. The legal rules to which the prosecution will
have to resort in taking the evidence in this may
undoubted right to have counsel. hope the Court
will sssgn some member Of the bar to take charge Of
I the interests of this defendant.
Bennet.-There is much honor and philanthropy In
the remarks of Mr. Graham, but James Arlington Ben
net will act as counsel for James Arlington Bennet.
ask no favors and therefore look upon Mr. Grahsm's
remarks only as an act of benevoence towards myself
| (bowpg)
Mr. Graham-I considered it my duty to call the at
tion of the court to the fact.
Bennet.-I am much Obliged to you.
Recordsr-Wol call ajury, and let's commence the
Mr. H. =. Clark here appeared as counsel for Mr.
gsnnst merely for the purpose OF ajrry
enged the grounds Of the challenge being 1st That
Juror had bias against the prisoner; and I'd That
he had prejudice In reference to the trial
These were the grounds on which all the jurors
OF seventeen being set aside by the fol-
lowing jury were at length try the cause
Cornelius il. Delemater, VIM g. Carman John
Clark. Thomas Charters Dayton c. Bslknap, Benjamin
Qusckinbush. Geo Castell Patrick Dapaher, Samuel
w Blunt, Thomas g. Caldwell, Joseph L. Clark John
The jury being empannelled Mr. Clark stated to the
court that his connection With the case ceased here
he having only assisted Mr. Bennct in forming the jury
At this stagof the trial the daughter Of the defend
ant, an intelligent and rather good looking young
lively interest in the proceedings
Mr. NcKeon opened the case TO the jury the
part OF the prosecution lie said -Gentlemcu Of the
Jury James Arlington Bennett, who Is now put upon
his trial Is charged with having forged a note, the
note Of James Foster, dated Nov g. 1s4s payable to
this are many other circumstances. and you will have
to travel through most intricate labyrinth in order
Drury and Thompson il sppeared that all these per.
sons we're In way connected together Thompson
ns ss nI1 c ana prpsy has been tried
trial before you. These trials deemed Of much
importance that the Executive cut has appointed smi;
aid the District Attorney In prosecuting them Mr..
Bsnnett, the accused lived near New Utrecht, l.. l.,
and near him lived VIM IL Thompson, better known
a. s0ne-Eyed Thompson. Mr. james Foster Jr, of this
city had occasion to write to Mr. Bcnnet several
occasions and this note. alleged to be forged IL drawn
on the came kind Of paper that used by Mr. Foster
In his letters to Mr. Beunst But how you will ask,
didthey propose TO collect 80 large note Informs
ton was conveyed TO the authorities that Mr. Poster
vac to be put out OF the wny We will show you that
iuIe Of Mr. POSTER and the ains up Of the not. WRIT
ten In place Of the lines that had been
books or pspcrs safe from the depredstons CT such
villains. Ifyou write letter to a friend II may rise
mp sgsinst your estate after your death in the shape
and thus, by means Of we'll arranged circumstance
for they coneoct circumstances to suit their
your family may be despoiled Of their rights and pro-
reriy. Amer the opening witnes,e. were called
James Foster, Jr, sworn Mote shown to witness)
That's not my note the signature Is mine, be-
heve h is a forged note on the 9th of November
ists bad no note Of that Kind out In my business
is written i, Of that description never knew % a Mr
Henry Inman, at Ottawa or Fox River; never have
had any Transaction with any man Of that name out
1sH On the lgth II December 1871. gave my part
ner Mr. Jones check for $1,000, 20 loan to Mr. Ben
net on security on his farm near New Utrecht, L. Il
the loan made, and the interest paid up to
pseember ls4s he then failed to pay ihe interest,
should be obliged to foreclose and referred him
hr M strong my s,.erney jho ls.t letter wrote to
munieaton with Mr.. Bennett, tin I called at the
ONCE Of Mr. John Anthon. counsellor at law OF this
city where ! vent at the request Of sir Bennett T;
while there BIT Authon paid me the money, (S0 oo0l
Mr. Bennett admit tha, the note Is altered
Witness shown letter-That letter was written BY
me TO Mr. Bennst IL IL on the kind Of paper as
that on which tho note is written.
"
tien, BY the use of which ink may be removed
Answer-I pcv.r IL til ssw It In your Office.
Cro.s exsmined-i have written to other persons on
Questionable you not receive letter time ago |
from some persons threatening to take your iife'
Answer-No I did not receive sny sueb l,tter I |,
vas shown q letter by the Mayor Who for mo say
ing be had buslnss. Of mportsnee TO communicate 10
Mayor and one to Mr.. Wilkes the editor Of the Pois
The letters we're offered in evidence
The Cont here requested Mr.. CLARK 10 act counsel
for the d.f,nre es Mr.. Bepnct seemed not 10 know /
how TO conduct the testimony
Mr.. Clark aid he would take charge Of the defence
" the Court 80 ordered, although he had already de-
elncd to act In that capacity nv direction of the
Court he took his place a. counsel for tho accused
Witness resumed-hr. wilkes called on me some |
time last fall and asked me II had note for large
Mr. Clark here said that he intended TO show from |
whence that note came
Mr.. Grshsm-I am glad that the Court ha. assigned /
my learned friend as counsel to csnduct th. for
nov II cannot BE- deemed ungencrous II sonGne the
witness rcsumed-A Mr. Byrne first showed me the
letter neverfav Mr. Eyrne before he came 10 the
Mayors ofies sni told Of the existence Of such
The persecution objected to the introduction Of con.
VIBRATIONS by or with third parties
Mr.. Clark-We apprehend that the fencing out testf
mony, by legal tschnicalites, where cid "a to
be cent TO the state prison will not Letters
witness resumcd~ was told Of the Existence Of the
letter and Mr.. Dyrne subsequently gave II up to
enclosed In . letter which Mr. Byrne banded TO the
Mayor; also at that time tho letter purporting
to have been written by Mr. 1nmsn from 6ttowa;
the letter. sent believe, by Mr. wilkes TO the
Mayor Hayor had no previous , %. seguain,snee with Mr.
the note for $1,000 Al was at my house. In tho
svening he came At my request I had already ad-
reply, Afterwards learned that he mistook nv No In
Bond street for Broad street the Mayor suggested
me to send fcr Mr. wilkes. as he CMr W. had caused
Mr.. heKsen now proposed TO read the letters To
this the counsel for the defence objected, and the