The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-04

vEsrIoArIoN coNrmvsD-DoUBrYUL II THE
CHARGE or FoRaERY DAN BIZ SUSTAINED.
Before Justice Stuart.
The complaint Of forging draft on the Hamilton Ex
change Bank for ooo pending against Daniel " van
Nessra r @ Bssand Clinton appeared for this defence
Of Mr. Abs and Asssrs Cochrans Nelson and Ssach Tor
On the part Of the defendants the counsel intend to
claim the want Of jurisdiction On the part OF the courts
In the first place. they asssrt that charge Of forgery
be sustained the signed the draft is the
genuine signature Of John w. Abel.
Secondly that II the offence is anything at all It Is
false pretence in representing John w. Abel to be the
cashier when in fact he was not thereby making the
in Canada and not In this State and false pretsncs
does not within the extrsdton treaty between Eng
American laws in the matter The whole affair appears
TO be Of those nice kind OF financial operations in
which the Canadian banker has purchased his experience
rather dearly
The following the evidence up to the time Of adjourn
James Leonard captain of the Second ward police,
sworn said present in the Office Of the Chief OF
Police when Daniel W. Van Aernam brought in; also
saw John w. Abel there at the same time; had con.
versston with Mr. Abe was standing in the Office and
Van Aernam passed into the Office, and Mr.. Abel,
think was walking behind; Mr. Abel came up to me aud
shook hands with me- and said That's singular re-
piled What2 he said, "They have arrested my friend
there asked him what the charge Abel replied,
-. don't know, for met hi Broadway, and he ash ed
to walk with him. and said don't think he van
Aernam) could be guilty of any crime as he had known
D,
dealt with him. and had always known him and
him to be an honorable man.; again asked Abel what
crime they charged his fena with ne replied ~ be,
possible; there must be misake;' he then stated
that Mr. Van Aernam was very respectable man, and
the of Gen. Nye and said do you knew Gen. Nye2"
Piled ~ do not know Gen. Nye personally, but know
such person by reputation Mr. Abel reiterated that
Mr. Van q very respectable man. there must
be mstake the conversation then interrupted by
Mr. Van Aernam who asked Mr. Abel TO go for counsel
for him and mentioned the names OF Mr. Van Buren,, Mr.
lnahr Mr. No an iva Ia sEQd FIR Mr.
Nelst
Cross examined by Mr. Biss-During the conversation
above allud, to with Mr. Abell Van Aernam in the
other ROOM and not within hearing; nothing further
transpred in my presence AZ they all left the oace to-
gsther understood to go before Justice Stuart did
| not hear Mr. Van Aernam say, "Theres the man who
| signed the papers,
MIR. Van Aernam objected to having, his person
searched until he his counsel; certain Mr. Abel
did not that Van AerDsm was the sonin law of Gen.
Nye; did not pay any particular attention to the con-
Albert NJ. Titus sworn, said-I reside in Bran.ford,
Canada West; knowP; W: sawin Of Buffalo; knowthe
49, being letters written to Van Aernam).
Question by Mr.. Hwards-Are those letters in the
hand whiting Of Mr. sawns Question objected to By Mr.
Cochrane.
Justice Stuart-You cannot charge Mr. Van Aernam
any criminal that might be contained in the letters
of Mr. Sawin who cannot make Van Aernan accountable
for the force of language contained il such letters unless
you show first conspiracy existing between the parties
by proving that said letters be shown to be found in
the pos session Of the prisoner.
Witness answered. They are IN the handwriting OF
p. w. Sawin.
O. Exhibits q g. r. 10 and IA, notes and drafts and
say in whose handwriting the hllipgof said papers are
A. They are in the handwriting OF ?. W. Sawin
Cross examination reserved, the witness to be
called agan BY the prosecution at another stage Of the
| proceedings
Silas X. Stowe, sworn, said the cashier OF the
Troy City Bank at Troy n Y; have been cashier Of
| said bank for about twenty years past.
O. DO you know of the existence Of the Hamilton Elk
change Banks
objected to by defence not legal mode of proof
A. only know from reputation, whether not, their
is such bank; have never been there's our bank have
never done any business with the Hamilton Exchange
@ Has your bank received in exchange or for deposit
for purposes of collection any bank notes. funds or
other currency evidences of debt Whatever pr
porting to FROM to be account of an institu
ton in this State dominated the Hamilton Exchange Bank
A. Never, that know Of
O. Have there to your bank any notes, checks
drafts purporrg to have been made by the Hamilton
Exchange Bank, upon your bank for payment
Objected TO by Mr.. Cochrane, the ground that it
! quite distinct from any other question
Justice Stuart-The meaning of the question was to
introduce the draft IN question.
Our bank received about ten days ago such draft
for $1,000 purporns to be drawn by the Hamilton Ex
q. Do you know person called John ". Abel, or
| Daniel W Van Aernams
No cir neither o: Them there is no such person as
John W. Abel keeps account in bank, nor keeps
| deposit.
credit at your bank, which would authorize the accept
! ance for payment Of drafts marked aud 5?
n. "a Sa..sr examination postponed, with right to
crossexamine
Klein schmeidt, sworn said-I bookkeeper for the
firm Of Eiss Kellogg, OF No 144 Broadway know Jonn
W. Abell the prisoner here know his handwriting
received letter from Mr.. Abel; exhibits Nos and
handed to the wtr ess, Who after examining them
repied-1 should believe IT to be Mr.. Abell's writing
Exhibits Nos IL, Is and H. State in whose handwrit
ing the signatures on the checks arey
A. ! believe them to be in the handwriting of Mr. Abe
Justice Stuart-Have you any doubt as 10 the sigma
lures OF Mr.. Abells If you have say so.
I nnnf 4lu htc hn~a
never seen him write; his name not in books he
does not sign any receipts for money; have seen Mr.
Innocent as was; he said he had signed business
papers for man whom he believed of his best
be used in such way that he had known Mr.. Van Aer
nam for long time and always considered him to be
of his best friends in reference to the drafts asked
him about he said that he did not know anything about
them, that he had only signed business papers
Cross examined by Mr.. Cnton-I cannot be certain
about the sigma lures marked and g. when don't
man write his name; have not than three
four business letters from Mr. Abell don't recollect
whether they were signed John W Abel or J. w. Abel.
Officer De voe recalled by the Court.
@ Mr.. De Voc, did you bring Mr. Abel in custody into
the police Officer Did he the two drafts in question
A. Yes, he did his attention drawn to them; and
the magistrate informed Mr. Abel that he need not make
any statement or answer any question in reference 70
them hat would crirninate him.
Q. What did he then say?
A. Mr.. Abel acknowledged the signature to be his
name that he wrote it. but that he did not know any
thing about the word Cashier think he said that the
checks the Albany City Bank also in his sig
nature.
Cross examination-M Abel the checks and drafts,
and said that he signed the papers blanks and did not
know anything about the word cashier"
Admitted by the counsel on beth sides, that John W.
Abel clerk in the store of Bliss Kellogg, from
February, 1853, up to the time of his arrest.
In Of the absence OF Witness the court
took recess tillil2 O'Clock this day, (Friday)
A PawnJrolr Find Ten Dolers for Orercharging The
Legal Rate Of ler-ofcer Jarbos Of the Third district
police court yesterday arrested p Fredenbury pawn
broker of No 299 East broadway and conveyed him be-
fore Justice Welsh, when James Meade, Of 326 Front
street made oath that he visited the pawn Office and
secured the loan OF dollar he paid for six months nte
rest eighteen cents being six cents than allowed by
law In ADDITION to this the pawnb oker gave for dol
lar only ninety six cents which done in package
The magistrate the facts proved fined the
$40 for the violation of the law The money paid
and the accused was then liberated from custody.
Theatrical and Musical.
BowERY THEAH.z The drama OF 'Civization" is
to be played for the second time this evening" Mr. Eddy
Hsrcuie The after piece is 'Rosna Meadowsr with
Nr. W. Hambln, and others, in the cast.