The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-05-11
Libel on Judge Bafcul0.
SUPREME COURT-SPECIAL TERM.

MAY s-H the matter Of the People rs. George Wilkes, for
Judges of the Supreme Court published in the Police
Gasette, Mr.. Brady, behalf Of defendant moved to
change the venue from Orange county to the county Of
New York, where the alleged libel issued 1t will be
recollected that the defendant tried an ndict
ment for libel Hon. Ambrose L. Jordan, cxAttorney
Of Oyer and Terminer Of Poughkeepsie, where Judge
Barculo ana two assistant justices presided The libel
Judge Barcuo contained in article in the Police
Gazette reviewing the conduct Of the Court ON the trial
ut Poughkecpsie The application to change the
granted by Judge MITCHELL and the act under which
the defendants counsel moved was only passed last
month We publish the following sections:..
I'm .4ct relation 10 Indictments for Libel and the Trial
thereof, passed .4prii 7, 1852.
The people Of the State of New York Represented in
Senate and Assembly, do enact as follows;-
Sec. lin all cases where a libel has been, or may
hereafter BE- IN any paper tns s'aae
and the trial thereof shall be had in either the county
where the said paper may hereafter be published
or in any county where the party beed shall resides
but the defendant may in all cases claim the right, by
motion to the Supreme Court in the district where he re-
sides to be tried In the county where the libel was or
hereafter be printed, executing bond to the
painant in the penal of not less than two hundred
and City more than thousand dollars In the dis
convicted for the payment Of all the compliments
sonabe and necessary travelling expenses incurred in
going to and from his place of and the place Of
trial. and the necessary expenses in attendance the
trial In the prosecution of the defendant. Such bond
shall be signed by two sufficient surces to be approved
by Judge of any court of record exercising criminal
jurisdiction: and in shall such defendant be in
dicted for the printing or publication Of single libel in
more than one county Of this State:
Sec. I'm all cases where libel has bcen or may
hereafter be printed published against any person not
reden of this State the accused shall be indicted and
the trial here shall be had in the county where the said
libel was or may hereafter be printed and published
Sec. Sin all cases where such paper shall not upon
Its face purpor to be or to have been printed and pub.
shed in particular county Of this State the accused
may be indicted and the trial thereof had in any
county where the said paper has been may hereafter be
Sec 4-Nohng in this act contained shall abridgc
in manner affect the right power Of any competent
court to change the place q trial Of indictments for libel
in the manner now provided by law.
Sec. 5.-This act shall take effect Immediately.
The Bank Forgeries.
TRIAL OF CAPTAIN AUGUSTUS J. ROWE ON THE
CHARGE OF FORGING A CHECK ON THE PACIFIC
BANK, FOR SIX HUNDRED DoLLARs-vERDIcT OF
THE JURY.
COURT OF GENERAL SESSIONS.
Before Judge Beebc, and Aid Wesley Smith and Bard
MAY 1o.-The Court and Jury having re-assembed
this cause was resumed
an attachment having been made out, and his recog
pizances foreitedcaled and examined for the prosecu
New Haven House and had boarded there previously
time: knew Capt Rowe by sight, he had borrowed
S25 of witness previous to that day; knew the boy
Woodruff by sight also; remembered the atters arrest
thought 1t was the 9th Of November the loan to Rowe
made about week before this date at the time Of
and had check Of Si5ooon bank which be was about
to cash he never said anything more to me about IT.
on the 9th November (hc day Woodruff said TO be
arrested dincd ut the New Haven House at exactly five
few minutes after two o'clock had not then been
paid his twenty dollars; raw Capt Rowe standing at
the door and was going In about Eve or ten minutes past
two looking up Broadway perfectly COOL witness asked
him whether be had drawn that check and understood
him to say he had just sent up after It, and he was
looking for, expecting him. every minute asked him
to give him note for t. and he said certainly and went
up stairs to the bar room he made mo out note and
70 some part OF ana ne mace me out announcer
Mr. Blunt proposed to hand the wi ness his own pre-
urinary examination TO refresh his memory Prisoners
counsel objected that the memorandum was not his own
but made by another peron.
Q.-Do you remember whether Capt. Rowe did not
make two or three attempts to draw note before he
could give you satisfactory one!
Al do not; impression is that he drew but two.
Odd you notice anything particular in Captain
Rowe's appearance? Al did not; l never drcamt Of
anything wrong he was perfectly cool and collected;
think raw him after came out from dinner did not
notice him at dinner; do not remember whether
ceived the note before after the bell rung; think
late. and the bell had rung did not remember how
long he ut dinner. Question: repeated.-You can
pucss how long man would be at dinner? Al can't
recocct how long yesterday; did not rccollect
when be first heard Woodruff had been arrested; could
not say that there was any intimacy between the boy and
X owe, or not.
This witness was not crosscxamned and the prosecu-
tion rested.
Mr. Sanford then moved the whole case rested en-
tirely the evidence Of Woodruff to the signing Of
the Of Latpg to the check and that witness stood
matters which struck at the very root Of
the Theory that upon the and the law applicable to
tuch cases the prisoner entitled to the usual drec
tion Of the Court for an acqutta lie would first call
attention TO the fact that this check written In
black ink and the witness had stated on his cross ex-
aminasn that Rowe when writing the check used blue
ink In the second Mr. Lstting had accidentally let out
not that he had endeavored to conceal It, but nsa 80
come out that Woodruff had been twice before down 20
his store the subject Of the filter whereas nc mao
sworn that pc never ves sept but opce ana On pWS"