The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-21
U. >. District Court.
Before Hon. Judge Belts.
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FKB 20.-1He People u.s. Mar.0At the sitting Of the
cour. TINS morning Judge Belts said in reference to
tne case OF the United States against MaxTwo obsc
tions have been taken by the for the
TO the evidence o. which the District Attorney pro-
them In the order In which they are presented The
nrst s that the coupons In question are not
goods within the meaning Of the 10th seetion OF the
sct OF l7eo upon which some Of the counts in this
Indictment are founded; and . decision Of Judge
Story, in the case Of the United 6sstes w. Davis rs
Macon p. 86o is relied upon to sustain the ebjss-
within any Of the places under the sole and exclusive
jurisdiction Of the United States upon the high
or purion, the personal goods snother that then
the person or persons 80 offending their couussors
sum not exceeding one thousand dollars, or i'm
Prisoned not exceeding one year, or both, ascord.
Ing to the nature and aggrsvsuon of the offence
to suppose that in order to fx the meaning Of the
words personal goods" in statute concerning lsrce
ny, resort must be had to the rules ana maxims of
the common law; and he says further -"Bonds bills
ana notes which are choses in action ed
by the common Law goods, whereof larceny may be
parting any property OF the possession of the person
from whom they stolen. but only evidence of pro.
au};n sas % IN subsequent case United States vs.
viewed the whole subject so far as bank notes were
concerned and came TO the conclusion that in mod.
ern times courts OF justice in penal and in CAPT
tai cases. are disposed to look ut the real nature OF
things stolen and though they In form chooses In
- non yet possessing real value in possession
before me- Is clearly proved that these coupons ara
OF the real intrinsic value of thirty dollars esch that
out circumstances Of suspicion, would be promptly
PAID as the proper office of the government.
The statute authorizing the loan Of ls4s consrs upon
secretary OF the Treasury the power to issue
ncstes OF stock with pons Of Interest attached
Tho form In which this shs be done is not
by the act and In practice these certificates and
coupons are in al respects oonformsd to tho usual
course adopted In such matters. have no difficulty,
thersfore in deciding that the coupons before the
vtth htv xkA~ -
crimes act and are subjects OF larceny under its pro-
visions The next objection taken Is to the form Of
called no witness to prove the hand wing Of aE'
Ditrsll," and a. q Benet," whoss names sss signed
to the coupons in behalf OF the Secretary Of the Trea
sury This so in point OF fact but the paying clerk
In the Assiftant Treasurers ONCE has been called sAd
he testes that these papers real enune coupons
sS.d h' has sbI pas srs: jus, like them
the coupons OF the loan Of lS4s were signed by
Ditrell and Benet This proof is quite sum
vs.. Johnson. In that case ths Supreme Court
of this State held that ent for forging
bank bills, they must be proved to be fictitious and
where the crime charged Is the stealing of such bills
they must be shown to be genuine The same mode
Of pi oof Is admissible in both cases. aud witnesses
ledge OF toe genuine notes Of the banks by which the
bills In quesion purport to have been issued are CON-
test in the This rule h." sS bean IN com
piled with In the before the court Mr. king
and Mr. Russell are both to form opinions
testified that there be doubt that the in
question are what they purport to be- true aud ssnu
Inc coupons belonging to the stock Of 1Sis shan,
and direct the trial to proceed
Mr. Donohue then opened the case for the prisoner,
denying any guilty intention.
Eliza Farley was then called for the defence and
deposed-I know Max. the prisoner; 1 saw with him
some of the tickets that have been spoken Of; he
rived nom sss on Thursday, and saw them on the
following Saturday; there was conceamsnt OF them
ON his part he his clothes out to day and
Dutch sillsn and asked him to give me one; he said
'you may tsks all, for they are no good to me-
The District Attorney objected to tho parties dscla
The court sustained the objection.
Witness continued Max offered me OF the tick
good be vcus. not give it 10 me- il was then swept
away; he gkp my children some Of chem; Bald ~in,
who com panied the officers in pursuit Of Msx
to witnesss house and heard him say q man nan ed
Doyle, that he ould see Mclean to make IL all right
with Max, he would make gsod thing oft.
Mary Farley also deposed that there conceal.
ment about the possession Of the bf IL she put
them In the room where she Afterwards got them
the officer; heard conversation between Max and
Baldwin, Baldwin said they we're as good as gold; that
he would check them all for 500 and that he would
not tell any one about them; Max said no, he would
Mr. Belts on behalf OF the prisoner read the depo-
sition Of william Mason, which stated that James
Lloyd told him II was he Lloyd who cut open the
pops therefrom, and that neither MAJ nor MCLEAN
knew thing about IL until they received the
pons rom him, Lloyd on shore.
The District Attorney objected to the deposition Of
who choss to charge himself with guilt to
another pssty, and then run away to Liverpool to
avoid detection
The Court ruled against the admssibnity of the de-
positions.
Mr.. Donohue addressed the jury on behalf Of the
prisoner and the District Attorney summed up for the
prosecution.
The Judge charged upon tbs Law and the facts,
and the jury brought In verdict of guilty of receiv
ing the coupons, knowing them to be stolen. This
verdict subjects the prisoner to greater punishment
than the crime for which he was indicted.