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

NOuIt OA UcncHuA 1ebslOuS.
Before the Recorder and Aid Franklin and Dooley.
Fer. Is = Charge VI Obtaining Money By False
Prttenees Henry u Willard, implicated with Thomas
smith was pu. Oh bis defence charged with obtain
ing $1,000 by means OF false pretsnces from Thomas
j. Coleman the agent Of Mr.. Warren jenkins of Ohio
The tacts Of the case as alleged by the prosecution,
may be gathered from the following testimony OF the
principal witness
Thomas Coleman, being duly sworn, testified as
follows My business Is that of exchange broker,
at 63 Wall street / know Mr. Warren jenkins
he at oumbu Ohio where he has resided for about
year past; during the year lo47 acted as his agent
be resided in New York at that time but went to Co.
um and returned TO the city in Novembe or the
early part of december 1 know Henry Il. Wlasd and
rhos W Smith; l first became acquainted with Mr..
Willard in the summer of ls47 he professed to be an
and had an Office in Broad street close by
WALL became acquainted with Mi Smith about the
~ me time a counsellor. at-law; his office
In Nassau sire ct the of Pine street; had
business TRANSACTIONS with Mr. Willard, in my cspa-
city OF agent for Mr. jenkins.
Counsel for the prosec State what converse
ton you had with Mr. willard in reference to the
subject matter of this indictment Objected to by
cosnte, hr the defence. on the ground that wit
authority to act for Mr.. Jenkins. TIE court
ns h
ginning Of August, 1s47, Henry T. willard called at
nv office an raid that he had had negotiations with
Mr. Jenkins, by which he Cir Jsnkins) held securi-
ties In the shape Of mortgages upon the property
known as Tsttersals broadway he represented that
that property belonged to his wife and that Thomas
Smith counl ellor at law, her trustee that two
not ca which he held in his hand one for $1,000, and
order OF Thomas W. smith, trustee and by said Tho
mas W Smith endorsed over to Warren Jenkins or or
oer were drawn In conformity with 2 written agree
to an anti to bind that portion Of
estate (rsttersal's)i that the mortgages had been
signed to Mr JenKins ts secure him In the sum of
$4,000; that he (%Illsrd) had reduced the sum down
to somewhere near Sl50c; and that no had an ar
rang.ment with Mr.. jenkins to increase 1t to the
same amount +; he said that MIR jenkins told him
that any transaction tor him Jenkins could be trans
acted with me just IS W. ss he we're present him.
IL AUnttk fhat
tee the truth OF his statements the endorsements
on the notes were, pay Warren Jenkins, or order
Thomas W Smith trustee; Mr.. Smith called ct my Of
stated TO that the notes were perfectly good
that he the u ustee Of the estate OF Mrs Willard
and urged me TO make the loan wanted him to show
his authority to bind Mrs Wizards estate; he said
Mr. jenkins had the papers alresdy he assured me
the estate perfectly good; that IL would be good
II IL we're Thousands instead Of hundreds; received
the notes and made advances upon them the cunts
up about $1,000 upon these notes, and other
cuTiti.s; did not know what be owed Mr.. jenkins
before, except by his own state ments; memorandum
checks given TO show at what specific time the
different amounts were advanced; about week after
wards, Mr. Wnisra came In and asked for further sd
yapces, producing come silver plate, and also some
notes of nd and securities OF that nature; made
him further advances Of money on these seoaritie,
by you in your individual capacity for yourself A.
Mo- they were made by me rs the agent OF Mr.. Jen.
Rins Q.-Under what authority did you act Were
you acting under = written power Of attorney,
Ger verbal instructionsl Al am unable TO say
der which 1 acted at that time; suppose L had Q
written authority rom Mr. Jenkins under which
acted at the time that made the advances tCoun'
sci for the defence here insisted upon the writeo
tboiity being produced Court ovsrrued the obec.
tion Witness continued-Ths advances the
plate we're made before the 10Th of August on the
18th or 10Th Of August, Mr. Willard came to me With
Henry Il. Willard; attached to the mortgage
schedule Of large number Of Artices OF furniture
tanned In the house No SO Leonard street. also note
OF hand this mortgage together with the note Of hand
and policy Of Insurance. covering the furniture, Mr.
wizard wished to potit with me for the purpose Of
rht nipyf I'm 9f m he further
purpese Of taking other collateral securities which
held tola him to leave the mortgage and policy OF
iu.u rsnce that might examine them he represented
that Mrs Leland was widow; that she kept a large
board house No 50 Leonard street; that be had
sold her the siture himself and knew Its value. and
that the note was due and unpAidi he said the whole
amount Of the note attached 10 the mortgage was due
and unpaid; stked him to leave the papers 80 that
miaht examine them; and II found them correct
,hould have no objection TO making him further ad.
yances and delivering up the collatefals; took the
pspers to Mr. Russell an attorney, who had been Mr..
JsnAins legal adviser; in consequence OF vhst Mr..
Russel reported advanced further sum Of (sccord
Ing to my r.membrancs $3.50 willard says ~ vas bat
$500; think IL was $500, 1 surrendered him some
notes Of hsAd and think, the silver ware; he made
the assignment Of the policy of insurance and Of the
the mortgage. etc secure Mr. jenkins for all his
inds BIT. diners to him; ct that time held the two
notsso for $1,000 and one tor 5000 about the LIST
OF Decem Der the policy of insurance Was about en-
riring, and 1 called about getting IL renewed; Mr..
willard ssid he wanted to reduce HE Indebtedness TO
raid / hss no objection, but that wanted TO he
secured; he proposed to make smaller notes to
take the place Of the 81 so0 and scco notes; the
notes to be made 90 % TO become due about
month apart and to be given to me, he
taking UP tn. other notes and the memorandum
check; saw Smith, who sssented, and wanted the
amount 4 the notes . fsv days after, he (wnlsrd)
called on me with ave notes drawn In the name Of
Thomas smith ~ trustee and payable TO nv order;
1 rejected the notee and he lett; Mr.. Smith called
afterwards, Al asked what my obj-ctsns were ex.
planned to him whst my objsctioas we're; he said
need not be afraid, as 1 held the chattel mortgage
which vas perfectly good; Mr. willard subsequently,
returned With other poter payable 10 the order Of
warren jenkins but, In other respects drawn about
like the last; refused these notes so; willard thsn
wanted me to 20 to Mr. Smiths once with him; I did
there and distinctly stated to him what nv obiec-
uons v.re; Mr. Smith told me that the notes drawn
In this form BY him ~ trustee bound Mra wilard's
whole estate whereas the other notes drawn nrst
only bound the Tattersas property; willard said he
mmsnced to draw guarantee; willard asked me TO
let bim take the $1,000 and the $780, together with
10. ms morsnaum chechs TO show TO Smith, - Smith
old not want two sets Of papers to be out ct the
time he said he would return directly and Sign the
guarantee; he ssd he did not Smith to that
be had ,ieneo sush guarantees: Mr. willard did not
come back as he promised to sign the guarantee
did he return the notes or the memorandum checks;
called on Willard at his Office, with the guarantees
Tor him to siga; he ridiculed me, and said that
II vss enc OF the best days work OF his lite;
he said I had net . scrap Of paper TO shov cay
Indebtedness bis part; he said had Smiths nofes
TO be cure, but that they were not worth .
my securities; 1 told him 1 did not think vas
dealing with . thief or . robber; 1 demanded the
return of,hs notes and other papers he 10 re-
the id.s sner Mr. Jenkins return and after oonsul.
tstion With him went to willard aud demanded the
notes ns ~ Ssps ~ n.s,, ma sf q IN.
were never paid; they ser- 6ve In number; Mr. y.a.
kins thvp took proceedings TO collect the chstteI
nor'esgs but did not Obtain soythins; the smsust
eth que ~ 'bs nose' .eous u All ~hsnI ~.as "