The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-21

LARCENY ON HiGH SEAS, OF THE HELEEA SL0-
MANS MAILS
Fen. I9.-James Max was charged with larceny of
certain papers from the wreck OF the Helena 6loman
being certificates or United States bonds for the pay
ment money and coupons attached thereto entitng
the holder the VI $50 each Ii appeared that the
nrfsoner was seaman on board the Devoashre which
fell in with the wreck of the Helena 6loman and
cued her and mails, In November, 1850 and that
tho robbery OF the mails of the Helena sloman was
alleged TO have been committed by the prisoner, and
two others not trial The following lie . copy OF
the coupon
IT UNITED STATES LOAN. n
y There will be paid to the bearer thirty dollarsft
ton the lst January 1851 for elk months interest,"
Hon bond No. 4,34S TOR ST 600 "
II For Secretary of the Treasury, +
II K. DEBsELL. Il
t+tttttttt
MIR j. Prescott HAL, United States District Attor
ney stated the care fer the prosecution, and called
Richard King who identified the instrument produced
ss certificate OF stock for ST. OUQ and also the cou-
pone attac he'd; to the BEST his knowledge they
genuine coupons OF stock OF 1913 the coupons are
cut off from the bond aud sent forwara and entitle
the holoer TO payment Of $50 interest
On crosse examination the witness said, he did not
know the hand-w riing OF the papers does not know
the gentleman by whom they are purportsd to be
signed
Charles E. Baldwin deposed that h, was clerk in
the employ OF Mr. Whe-oon ll6 assau street, know
Max, the prisoner; about 18th November last Nc
Clean lone of the other persons charged) me an
Introduction to the proDer Max told me that ne nad
quantity OF coupons think he said seventeen thir
ties and one ninety asked him 10 bring them; he
brought me what hs saio was nfteen; counted them
twice, and made only thirteen of them gave them
hack to him; he came again asksd him where he got
them; he said they could not hurt him Tor having
the N told him got them of the mail bag
he laughed ana ,aid we'll they couldn't hurt him Max
intoxicated at the time l told him that be
should look out that he didn't re, into the Tombs for
having them and that should have nothing more to
do with Try ing to get the money them for him; on
the night Max arrested went With the officers to
his boarding place; We found Max had negotiated
three OF these coupons With broker in south street
the off pretended that they brokers' and that
they would give more for them than the broker that
Max selling them to | don't remember what Max
said at he time they vent To the brokers' Office; Max
with them and OF the officers went behind the
counter Max handed the broker back the money that
he had paid him Tor three coupons what the AMOUNT
WAS, dent know the broker handed the officer the
three coupons and then the ocer arrested Max; the
prisoner did OF in any OF his conversations tell
where he got the coupons.
On cross examination by Mr.. Donohue, the witness
said that he did say to Max that he would dispose
OF the coupons and that he Max had better get out Of
| MIR Belts here read the testimony Of the witness
taken before he commissioner, in which he said that
Max told him he get the coupons out Of the mail bsss
OF the Helena SomAp, which he and other cut
OPEN az that they rescued them from the wreck just
| us she WAS sinking.
as to Mclean, one OF the other parties charged but
| not as to Max.
| Jacob Russell clerk In the Assistant Treasurer
nice identifies the coupons which he believes 70 b.
g.naine II they had been properly presented by an
| unexpected person. they would be paid
John IL Burnley police officer dsposed to his passing
himself OF as broker, ana his having subsequently
arrested MAJ who told him tost he had coupons
than tbose he had ,old the broker he offered to
| the witness; Msx said that he had got the tieksts
a he called them ON big Dutch man. whose life
ne had ssv.d xt morning he said ~ the police Of
ice that b. k.d them up from the deck OF the
sell he Aitsrward, said that Mclean gave them 70
him, and that man named Lloyd, and others had
| lot OF them
Ralph fstti.on police officer, gave similar testi-
noby 10 hat of the last witness.
Charles waldron Opposed that he was sailor
beard a the D.vonshire when che Tell In with the
wreck OF he Helena siomsn, and that he the
mail bag Of the Helena sloman In VI Lean and Maxs
berth, board tie D.vOnshire they we're emptying
out the &C Dtents OF the bag asked them ~nat IL
vast IL tesl-An1 they .aid no IL letters
papers and they would have nothing TO do with II,
they put them back again; IL wac brown leather
tag With ssals ON h they pat it into smother bunk
Ht bed tine when Max aud NJ Lean had gone to bed,
Loy ID took the bag aud .mptied its contents out,
Lloyd was ore OF the other sesmen; he showed me
s,me of the coupons
The evidence for the prosecution closed here.
Mr. Donobus rubWi'ted that on the evidence cd
ducrd, the hand writisg not sufficiently proved
and that The coupons not so identified TO be
evio.nce To go TO the jury Thsss coupons we're al
legged to have bseu tte~n in November 1850 and they
were lot payable ur I'll lst January. 1851
The District Attorney cobtend.d that there 1pons
were Ne much pr petty ~ goli coin.
After come discussion GU the point, the Judge said
II ought to be shown that tue we're bound
tt psythese coupons it usttsr OF doubt whether
they be coDsidsr.d the subject Of larceny snd
II was new point whether the certihoates cen eitute
an Obligation en- the government, he would look into
the ststute and adjourn the until to morrow
Ihuussy1 morning
Ib. District Attorney raid h. had proved, by Wit
from the Sub Trsasur-r Office that the coupons
ssre genuine ami hat they would pay the amount OF
each S3O-to apJ unsuspectsd persons presenting
| them.
The Judge said that 1t could not be oontsnded that
the Unauthorized signature OF the Secretary oonst
tuter an obligation on the part Of the government
4 ned