The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-04-23


Of forgery II very diferont from larceny In the
the Law pointed out what should be the
the II property may b. ths subject Of th offence
The Court would have to pass upon this point ut
stage Of the trial Ills learned associate and himself had
been unable to reconcile the admissbty Of the evil
dence with any principle or authority.
His Honor the Judge after consultation with his
associates delivered the opinion Of the Court They hsd
doubt about tn. sdniis-biity Of this evidence ms
rules u evidence precisely the same in the civil and
criminal law The doctrine this-the question had
been before the Cor. Errors and il had been decided
there that where the party who asks give secondary
evidence show destroyed without his fault he
do These bills in the possession Of the
proper officer Mr. Phillips that they were safe
in his hands for the purpose Of preparing the prose
there fault the part Of the prosecutors II
could BE- shown
Mr.. clark-How could the act of any one bind the
people
Judge Greenwood don't know that may, perhaps,
raise graver question.
Mr. ClarkSuppose should be shown that these pro-
secutors-this man Thompson-was the thief himself,
would they then be permitted
Judge Greenwood-I don't know that may be a
weghty question
Mr.. Ciark-It will all out in the of this
trial Your honor win note the objection 1t Is very
important question. and there two sides to ii.
The objection noted. and Mr. Phillips. the witness,
contnuedTo the best Of his recollection the contents
:" The Eagle Bank viii pay on demand" or the
bearer demand, Ten Dollars, then the date and num-
Der, and the Of Mr. lie Baron. President French,
Cashier; the word Rhode Island was in the right
hand upper Of the margin that would embrace
the description Of the four notes.
Cross-examincd by Mr.. Clark-Could not say from
whom he received them at the District Attorneys Office
say whether they pinned or wared; cannot
say they the as those taken from Drury be
present his arrest could not say they were
bad or good from any opinion he could form cannot s,y
FRI m whom he received The dissertation OF the note h
Their from Justice Lothrop or Mr. Stewart. il might he
from A. NJ. 9. Smith; he had in hi, hand the in
dictment Of December; | have no impression "a 10
the facts, but would, think, have set forth the
loss according to nv own Judgment it Ia ycry proba
BILE / had bin before me when | drew this indict-
he oil Ina hal. tnl ia II,
Druy cases than any other in the Office he opened the
case for the nrosecuon upeynect.dy ~ ,ho srt 60
sion: did not appear ON The scconi Mr. wikcs hal
something to do with ali thee eases. VI q smith was
the officer and he was witness witness had stated The
hills were attached Ia William a JsnL;ns'o a,Bay;t. "a
saw no marks on the hills. All not Know NV ,hn n1;at
ment,came 10 be- found in New York did not give anv
direction 10 have the distance maasnrsi in
the calendar for Monday these naners :. ssd ,hras
his hand for mr. n,r.rs wsra rr.n,.a ACKNOWLEDGEMENTS,
all Ashley papers were left having been tied up with
the calendar for IN. fIowin Monde. nav.r 10 t,os
such ease before NJ that az nrocesiinr h.,r tsE i;
New York for an offence committed in Rroatlvn. NJ
Dr,ry had endeayorcd TO brin, The cause On Ia trial
The line Of examination was objected To and ,uled ont
Th.r' 49, . - . va, ~, ~ ~. w anu ,, uieu ousI
Was nee p,oqw entered TO that indictment In
then wa. that NJ nr IL, last, .ne osence cnaIgea
notes in his hand '' "A'A A'iN''eu' A"u oef'"'n
D. .;a ~ H., - ou.... - -
-, he-examinsdIHad no recollection OF any marks on
,.;,har. ~ a, - - 'e nisn' nave oo'n sone
Mr. Elias G. Drake re- called and srsm;rs,-r,o h,.
vi. .iias :" prahe Ie c'leu ana eAaHaned-ine onls
~ ue prano Jury were -FOUR Puiporting 70 De
:, ,ue Ias Damn, nsoi nnooe isiana they were AL
80 VI .he Witness 9enhhs ulrecteu 10 the marks
To- anu .ne court ruea mar ne might ask what
examined by Jenkins witness had no further recoec
,on Vi the Dhis tnEn tnat tney were $lo oiis OF the
Isgie bank
eroes eAamined- Thought II was MI stewart brought
hem M dd not Know whether they were the same bills
Drmy cropped jenkins was before the Grand Jury
go was InomPson witness knew nothing then Of ThomP-
son In connection with the bills
UT SMfk-Dm jenkins say WAX ne naa just parted
from Thompson or any Of the circumstances Of meeting
o1ccteato ' ana court heid, II the dcRnd&nt went
INTO any O. the tuasnee gwen seore the Grand Jury,
'hs prosec euon might go iDto the whoe.
, DIT .iAra rad ne supposed tney might ana mere put
tnIee nve uoIsf Dls OF the ianlaon ExsnAnee hank,
wHess mana ana asked MN wnethe the plates were
No.. .ne sMs - .nose o. .ne -FOUR os IN 9sesion ana
s,ed re}y 70 tne court mat Ne would connect Them
: IN tne ess, anu NOV thst thompson WAS Inc MANI
ano un'u a'ey engaged III passing mem Inc
20 sIa .Ary appeareu snii,AI gencne one oo
ar Il i oi w. Lase nhnk was nAssa up sna also 'ne
I'D a.. ~ sni -. h.in. an, ss - ~ hI
:. .s.a,; tn i. .e o i III. a. ~ n 49,.
~ ,h -, - ~, - 49, So s,i a. vi. .n
on ~, T.u.son aS. n ane - D Se ,1.
1891 A"'~P'A "A' e"s'se0" ~ p"'s'As ""e" '"'s
witness couainued-Th. bills All anns,.sa 70 have
,e.p aitercd s,csnt The one diiar IN T,,e 80
Fiv." IN N. eorpsr ana = Wv nau.rr n ,ho ho,1
were much aIik. In ench 49,
Re.examnea by IN. Dis,rie. Attornex-It Is mite
for to put the sau yrnet,e into
.r, nj hill and The name. ar. NOT in .he same nos
ton 80 there must have been xo pltes As to position
Of the words To IN. Bearer and On demand y they
are quito different his imrr.ssion was that the Nv.
=
plate-not an altered one from the Eagle Bank-but
from one Of another denominat the word Five"
the Hamilton has the appearance the word
/" Five the bill alleged to have been taken from
Drury's house the figure :" 5" on the right hand
side is different; the words Five Dollars in the body
the bill appear 10 have been put with plate In
each BILL one Of them was much more faint than the
other. that IL WIS impossible to tell wheth II was
done by the same instrument.
Mr. Justice Lothrop was then called and examined
On the day Of the arrest four bills supposed to
be altered ones, Of the Eagle Bank, came into his
flee Mr. likes and Mr. jenkins came to the Office and
be learnt that rury had been arrested he thought the
four Hills handed to him. but was not absolutely GER
tain; he thought he some in Wilkes hand and some
Jenkins who put them into his hat had no distinct
recollection Of their being marked he had seen the
genuine dollar bank bill Of the Eagle Bank and had
no doubt the one produced was the other o. g. the
five dollar bill produced by A. NJ G. smith Is the de-
scripon Of bill handed to me by Jenkins that the
that was atered II is the same description Of plate,
and the same vgnctte the only difference was the hure
" To- being altered from in the corner, the words
10 the left aud the words in the body ten dol
lars witness had seen good many Of them there were