The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-03
Police Intelligence.
qHE rROPER CHECK CASE.
Beffrp .Justice Oaborn

The matter pending against Samuel j. Propee,
charged with obtaining money by feise
was brought for hearing yesterday afternoon before
the Justice, at the Tombs, the compl int Of Mr. I'd
win i Post. One Of the side court assigned
collected and amongst them several Of tho
brokers' alleged to hsye been dsfrsudei Mr. Proper
defended by exRecorder Tahmadge and three other
counsel and Mr. Blunt, the able District Attorney was
preeent, taking charge Of the persecution.
The said as there wete two charges pending
again,t Mr. Proper he would first take up the complaint
of Mr. Post Accordingly. Mr. Post called to ths
stand, and cross examined by dsfendants COUNSEL
Mr.. Post said-I am exchange broker at No 25
Ne street and have been In business since the 5th II
October last; previous to that was clerk in the firm Of
Bsrend Co specie and bullion brokers; have beeu
acquainted with Mr. Proper only since Saturday, tha
9Th November last past did not positively know him
that have done business with Mr. Proper often before;
bis face Is very familiar; on the Saturday Ia
question, first cav Proper at my office; about half
my eeat and shook hands With him; he asked
ms If I had any State funds; I answered in ths
ai native; he told he wanted about $3.50, but not
until about O'Clock that day. he snen left and at
O'Clock back TO the Office ny business Is selling
useurtnt money for city money, or checks on city
banks
CounselAnd in so dsing of course you make profit,
Witness-Not in all cases as you perceive in this In
witness continued-when Proper returned the second
time he had with him man. whom have sincs learned
named Blsuvelt, person deputed by the Deputy
ahern to take charge Of Proper; this fact did not
know at the time took the money out Of the tray to
count it, Proper fsd, stop moment; when do you
want to the money for it!' replied now, Of
coure;n be said he did not object to take some Of the
Government Stock Bank of Michigan; Proper said he
wanted TO give me check; sad IL must be dated on
that day; proceeded 70 count the money with some
hesitation saw blank check on the Ocean Bank in the
hands Of Proper asked near as can remember, IL
he had account ia tbst bank; whether he answered
then ! an rot certain; be told ms that il
had any doubts a. ali regarding him that he would
refer TO u Collins George LsT aud another house.
think he said Boonen Graves Johnston. and would
out the money giving II 70 and he counting IL, no
requested would not draw or present the check until
in the bank then TO meetit agreed to do and kept
the check back until Monday as on Monday Proper
pad on that cay as enough money would then In ths
bank asked Proper II he was known TO the banks and
esancS Bsnt il they knew his checks; this was Sefsrs
he got the money paid him the $3.50, and took his
ieft with the other person who came in with him Mr.
Collins office No SO Wall street the next block below,
don't know where Mr. Laws cfiice i,
The counsel for defence then said they had concuded
with that witness. and moved to have the charge dis
msed ss the evidence did not make ont case OF ssf-
6tnt proof to warrant the holding OF Mr. Proper on tho
Mr. Blunt in reply remarked that he should advise
the recognize witnesses to appsar at
the Court Sessions but he did not wish to have them
examined now and should fur advise the
to hold the accused on two charges As he lMr Blunsl
the other for false Pretencs For his part he believed
Mr. tain sdgs--we feel much obliged to the District
Attorney for his advice We think 1t Is very bad advioe,
deny that any offence has been committed Imuse
confes up this time, cannot where the cffence
is made out We cannot however close. until have
the cros exaDuaton Of Mr. Gibbons the cashier Of the
Ocean Bank, for think he will unsay some matters
which he has possibly tworn 70 on information.
Mr. Talmadge then moved to give bail for the appear
aree Of Mr. Proper from time TO time pending the ex
animation and said theg had responsible persons In court
who would become the required security.
Mr. Blunt opposed the motion, and said that no bond
could he taken to be valid In law until after the adju
cation Of the case by the magistrate -.
The whole matter was then further postponed uatn
balf past nine O'Clock this forenoon, subpoena va
issued, requiring the attention Of Mr. Gibbons at tnss
hour. 80,
Mr. Tallmadge again moved to have Mr. Proper plas, p,
into the custody OF officer until the next asy ~. -
not TO have him inearcersted In the romes 4, coars
/ trate replied that II any OF the police onoe'' "
would undertake the Job he had no onJe9s9 4, b,t rot
Several OF the officers were then appnn;, appin;,s al Ne
one Of them would accept the SUN, ,n ar,asc
Proper was, therefore, detained ano'hsr h's -