The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-19

n
AUCTIoHEER--CURIoUs DEvELoPExENrs--FULL
PARTICULARS BY ONE OF THE PARTIES INDICTED
AND ADMITTED AS STATES EVIDENCE.
hAsW ls-As D. shepherd oas Of the parties Indicted
for his shars In dsfraudins Abraham " Clark In Novru
ber last % the mock auction system was placed on
separate trial an indictment charging him with
ceivng $500 from the prosecutor under the false pre-
that cegan, Convicted Of constructive grand lar
ceny In January tsrm) . responsible man. and had
thousand dollars in gold and fifteen hundred in bills
at his hotel The District Attorney (hr Biun and Mr..
A. o. Hall appeared for the prosecution, and Mr. II. G.
Wheaton fer the defence.
Mr. o. Hall having opened for the prosecution, the
following testimony was nAdueed:-
Abraham v. Clark, syDp-Resided in Iowa; came to
this city the 9Th Of SoEsmber Last from California
ard was going TO Iowa knew Mr. Sheppard by sight irst
him Mt 162 Nassau seest, the 30th Of November
it an auction store; there were there besides
named James Wood Austin j Porter and Patrick Cregan
who went with him Cregan overlook in the street
think in Pine in consequence Of what Cregan said
me to hand him a watch; it was mine; did So and he
handed it to Mr. Shepherd, and ASKED him what 1t was
I h sas ,e ~ s the
counter Shepherd said he could not got 800 he would
not take BID; he then put It up at auction and was
pay and he pretended leave $40 deposit until he
could 60 to bis hotel and get the money
thing which place in that store in the Of
Shepherd at the time Clark parted with his money to
Cregan, might be given in evidence Exception taken
watch was put up and knocked down to some At
$50 he mad not the money pay and it was put up
sasin and Knocked down to Austin Porter for Si0o
Porter and asked for loan of the money
saying he had not sufficient Cgan said he had unortu
nstely walked out that morning without his money and
referred him to He stranger to and Creysn
said he respectable and responsible man. and re-
ferred to Shepherd for further information Mr.
Shepherd said that Porter would make it all right
advanced him any money and upon those representa-
asns ana ad ADVANCE the 500 for the watch
Porter said he would take it, and Cregan asked if
would not as soon he would pay me the 500 as Mr..
Porter. l said it made no difference which paid me
long as got my money returned.
After this man named James Wood, asked to look at
the watch he looked it shook his head and hand
ed it back 70 Cegan regan then asked him it was not
gold he locked AT II through eye glass and said it
was not gold, but brass; Cresan turned to Shsp-
herd and asked him whether he had sold that
for gold Shepherd said he had not warranted it at
all il left there by another man for .ale; Gre
that it did not suit him at ALL that he wanted gold
watch Of ths best quality. stranger said he, you
need not be uneasy os but the watch Is not
and looked 70 him for the money While talk
ing watch warranted to be gold, chronometsr ba-
lance fun eweled and got up TO order for six hundred
dollars in London, put up 1t was knocked down to
some person hundred and fifty dollars who had
not money enough, and Mr. Shepherd said it must be
sold Immediately. Cregan looked at the watch and
said it Just suited him. bat he did not know what to
to give hmm bid and if it was knock ed down to him he
would take the brass watch for the 500 he
part; Cregan asked my advice and said if he had been
sucked in the brass watch, he might we'll perhaps
give the auctioneer bid it then put up the first
bid was 500, and it was finally run up to $780, and
knocked down to Cregan. He then handed it me- and
asked me my opinion about it. and said could not
give one was no judge and he then told me to hand
10 Mr. Wood the jeweler. VIZ. Wood said it chro-
nometer balance full ewelled eighteen caret fine pure
gold Cregan thee told me he bad 81 gold an 81 500
in bills at the hotel where his father boarded and
would Mr. Shepherd for the watch he would bring
me whore he would pay me for my trouble would
pay me my money Shepherd said 81 warrant
you he is perfectly responsible man, and win
h Nta 70 he hot
and he does not, win then pulled certificate
Of deposit on the American Exchange Bank for $500
and handed It to Shepherd; then asked Wood Porter
and Cregan, whether Shepherd responsible man :;
they said he and under bonds the State for
duty as was not well able to walk told them to go
and get the money, and he (Ar shepherd) went:
FQ-After he was gone what said or doneS
Mr. Wheaton objected and the Court ruled that there
such q connection shown to render the evil
dence admissible to which defendants counsel excepted
The witness continued-CregaA asked Wood what
he charged him for examining the brass watch
and telling him it. was not gold he said he
how to make charge; Cregan said, Mr. Wood had &C
comnodated them, if would give him $40 he would
lars Cregan then asked him what he charged exam
ing the thermometer balance and he said he would
10 him. and Ctegan asked ne to give him another ten
dollars and having confidence in the reservations of
Mr.. Shepherd did SO Mr. Shepherd came in and wanted
the certificate of deposit identified; then with Mr.
&c ffs"1 s
talking. CreCan was looking at a fancy advs
watch, and said he would like to have that II put
gave bill of sale for the $500 watch made in my
name and spoke Cregan about it, and he said would
make that al right when h be got to the hotel where his
Shepherd the hundred for the In " watch and he would
pay that when be got to the hotel did SO, and
then left Mr.. Shepherds store. Q-who left the
store with your A-Cregan. Q-After leaving the
store with Cregan, where did you go to? Collected
to. Que stion admitted and exception taken A-To
Wheaton
the answer slso) Witness did no; know where it
Q-Where did you 20 TO after THAR (Ihe like objection
and exception A-To the Merchant Hotel Q-what
done at the Merchants Hotel OBJECTED 10, and
exception taken as before) To the Court-He had not
try 10 find his father. Answer objected toy Q-What
did he say finding his father OBJECTED TO- and
money! frhe like objection and exception noted to the
following guestions) Odd you find his father A
No. o-How long did you remain at that hotelS "A
leave your Ale did. Q-Where did you re
mairs Al only went into the bar and remained out
in the porch while he gone. Q-How long was
he gomez About quarter Of an hour. Q-Nd you
then set your money! A.-No. Q-Where did you then
gos Ale took me to the depot at Jersey City. O.
How long did you remain About three quarters Of
To the Cour-Dd not find his father or get my money
there. Q-where nexil A.-Bsck to a hotel in New
York-a different hotel Odd you find hi, father
there get your money! A-No. Odd you ever get
the last hotel Q-whsTe did you next see hims AIN
Broadway at the Howard Hotel about two hours and
bali after wards Odd you 60 anywhere from there
A.-No. Q-Was there any one with you theres -
Yes do rot know who he was, he a stranger O.
What done with Cregan then?
BY Judge Beebe-Was he arrested A-Not that night
be the next day
Cross examined-Was twenty three years old lived in
Dubuque county Iowa before he vent to California had
lived there seventeen years about twelve miles from the
county town; farmer. went to California in the
spring Of 1850 and followed mining left there the lst
81 November last had draft for 50 800 Adams &
Co.. arrived here the 9th November last got tho
certificate Of deposit from the Exchange Bank the
28th that for $500 got it the day he went
to Mr. Shepherds store, before twelve clock, about
eleven met Cregan about after he had deposited
his before he met him he had been auc ton
store in broadway. and purchased two gold Watches
had bought the evening before gold one not at
suction at a'prvate sale did not remember what
Der in Broadway; 1t the Battery, the same
side Trinity Church II before he made the deposit
in the Exchange Bank that he bought the two watches
when he went into Shepherds store there probably
nine ten people there the frat thing he did to
hand his wafch CroOan hand IN him IN ba