The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-02

warranty as evidence against Mr.. Morrihue. which
Is forgery. And also offer certificate Of Mark P.
Taylor, Justice Of tho peace in Haaiiton county,
Ohio, showing that John Hoffman, toe dseoased,
never was married, BY the evidence Of his brother
and sister, whose claims hsve been recognized by
the government and paid, and the pretended widow
claim pronounced forgery.
Mr.. rds.-I certainly protest against admit
streus. You cannot admit even tho afidavit of any
party from another State without il has been done
by commission. We have . right to cross-examins
these witnesses. How do you know but what that
paper may be the forgery, and ours tho genuine.
Mr. Aenihue is not TO BE- sent to prison eertif-
cate; that will never do.
Msgistrate.-I will suspend admitting that certi6-
cate for the present. must have some positive
unless that is produced, cannot think OF holding
the accused.
By the Magiatrate-Mr. Heath, what has been
the action of the paper in question
Witness-This ia Q part and parcel Of set of
fraudulent papers presented at Washington, filed in
the Pension Ofice, to get land warrant. There
are three sets OF papers. one pretended widow
lph@be Hofmanl Of John Hoffman, another ~ the
The latter adjudged to be tho true claimants,
and the Others were cancelled.
document marked B, the certificate from Ohio,
also paper marked G, were both identified BY the
witness as genuine papers brought from Washington.
Mr. Latson here claimed the right TO read tho
Mr.. Edwards objected to the introduction Of any
such illegal evidence
The Magistrate ruled it out for the present.
Mr.. Latson wished to read the papers, to show to
the Court conclusively that the name Of Phoebe
Hoffman was fictitious.
Magistrate must sh ow that the name Phoebe
Hoffman is forgery by some living witness before
me, and that Mr. Merrihue is q party to it, or
cannot detain the prisoner any longer. / have no
objection to your proving the power of attorney, or
other documents, but ! must have the requisite
proof to Justify me in holding this man.
The next witness called by MIR. Latson was
John d. MacGregor, counsellor at law, who, being
sworn, ssys-I reside at No. 248 West Twenty
second street; / am acquainted with the hand
writing Of William Merrihue, and the writing in the
body Of the paper, marked a., Is Mr Msrrihues
ment marked CA" or the signature of Phoebe
Hoffman, except having seen the paper before, but
on looking more fully into it, see it IL for land
warrant; don't think ever saw the document
before; at first / thought it the paper l saw at
the United States Court; ! have no knowledge Of
the signature of Phoebe Hoffman; have no doubt
the body of the paper is the writing Of Mr. Merrhue
Odd Mr.. Merrihue ever ackno Wedge to you
that he signed the signature Of Phoebe Hoffman
Ale did not.
MIR. Latson.-Had you any knowledge or informa-
ton who signed that name, Phoebe Holman, in that
document?
Witness-I have no knowledge of the signature
ofPbGbe Hoffman, not having seen it before;
don't suppose ever saw it before.
Magistrate.-Haye you any knowledge as to who
the author Of that signature is!
Witness-Ibave not.
Magistrate.-Have you any doubt that the body
of that paper is in the handwriting of Mr.. Merri-
hue?
Witncss-No. sir.
proof relative to the forgery of this document?
Mr.. Latson.-l have only this documentary evil
dence from Ohio, showing that Hoffman was never
married.
A. hall a.
dence, as entirely illegal, the accused has the right
to be confronted with his accusers; why, such pro-
position was never heard of before. We never have
seen these alleged witnesses; these very papers
which you seek to send us to prison, may be
forged for what we know.
Mr.. Latson.-Your honor, simply offer them to
show that the paper bearing the name of Phoebe
Hoffman, is gross forgery; do not accuse Mr..
Merrihue of forging 1t, and for this purpose SUBJ
NIT them, and in addition to the other evidence,
offer letter sent by Mr.. Merrihue to Washington
Witness further says that the letter here produced
marked ID, is in the hand writing Of Mr. Merri.
hue. Letter here read as follows
New York August 8 1850.
DEAR SIR Yesterday by mistake sent you paper
without the witnesses signing Please send the same
to me by return mail and by SO doing obee yours, &C.
WIN. MERRIHUE, Florence Hotel.
Mr.. Latson also produced power of attorney,
ing to be signed by Phoebe Hoffman, in the presence
Of James Brice. both alleged to be forged.
Mr. MacGregor was shown this document, and
testified that the body Of the instrument vas in the
handwriting Of Mr., Merrihue, except the name Of
Mr.. Seay. Mr.. MacGregor was shown this power
of attorney, and testified that the body of it was
written by Merribue. / should say that the sigma
ture OF James Brice looks like the handwriting Of
Merfihue but little altered; the color Of the ink
is the same; and from the general appearance, /
have doubt about its being his writing, from the
best of my opinion, and the fact Of its being that
documents the signature James Brice is written by
Merrihue the filling In OF the certificate is in the
handwriting of Merrihue; it is by comparison, and
the fact of Its being on this document; had seen
the Signature of James Drice apart from any other
writing. / think should want writing Of Merrihue's
to contrast with; have doubt, to be sure, that
Menihue wrote it; it isa pretty hard question to
say positively, but still must say have hot much
doubt. A delay here arose in consequence of Mr..
Haskett one OF the witnesses, having left being I'M
well, and not supposing he would be called that
day. An officer was despatched to his residence,
and in about an hour returned with the witness.
Mr. Haskell was examined as follows -
William Jay Haskett, being sworn, says-He is a
counsellor at law. (The paper marked exhibited
to wtness) Deponent says that he cannot swear
that the body OF the writing in the paper is that Of
VIM. Menihue, unless he had been told that said
writing that Of Merrihue deponent is acquaint-
ed with the handwriting of Merrihue.
9 by Mngistrate-From what you know Of the
facts and circumstances with respect to the paper
marked A, are you able to form an opinion as to
whose handwriting that paper is in! Al cannot
answer one word upon that subject; cannot give
legal opinion
Q-fIave you ever been employed by Mr.. Merri
hue as counsel, by which means you in posses
sion of knowledge with respect to this poper-you
cannot disclose? A No. never was engaged as
counsel.
Q-Why, then, cannot you answer the question
A.-Because the question inquiries of me whether
have any knowledge Of The facts and circumstances
in the case, which exacts my mind to knowledge
Of that paper
Q-You say You have q knowledge Of Merrihue's
handwritingl Ayes.
Q-Is the handwriting in this any way disguised
from that generally written by Mr. Merrihue and if
so, in what manner IT is smaller and better
written than he generally writes. except in power
of attorney sometime ago.
Odd you testify in the case you speak of, as to
the power of attorney? Al did, and swore it
was Merrihue's handwriting
Q-Now, sir, that is all you are asked in this
case; you are asked to say If in your opinion this
paper is not in the handwriting of Merrhue A.
Ny impression would be- that this paper is in his
handwriting Witness continuei-In relation to