The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-08
Closing 1cenes In the Great Cincinnati Bank
Forgery Case.

Closing scenss In the Great Cincinnati Bank
Forgery Case.
TRIAL or WILLIAM KIssANE, ANDREW FINDLAY AND
CHARLEs AILLARD, MPLEADED WITH ). q. MIC
HOLsOE-BsCAPH OF FINDLAY.
From ths Cincinnati Gazette, July Al
The closing speech Of Mr.. Pruden, the Prosecuting
Attorney in the forgery trial, was an able effort i
was critical review Of the evidence, forcible APP
plication thereof, and severe animadversion upon
the Court for its evident bias against the State in the
rulings during the trial. This severe philippe was
frequently interrupted by the Court and by Mr.. Nc
Groarty but Mr.. Pruden conducted himself with
much forbearance. and has gained reputation for
the fearless and unintmidated discharge of his duty
At five O'Clock the prosecutor closed when the jury
received q brief charge from the judge.
MIR. Mc(iroarty called upon the Judge to charge
the jury that as it was only parole evidence given
that the Trust Company Bank was "body corpo-
rate, " it be, therefore, ruled out.
The Judge said that the question was asked Mr..
Bishop the Cashier in the progress of the CASE and
the counsel did not object; 1t would therefore, stand
as evidence
Mr. Pruden asked that it should be charged that
ifthese parties found to be combined to commit
this forgery each partys act made all guilty, which
he so charged.
and the Court took a recess.
At ten minutes of IL o'clock Saturday night the
Court having reassembled, received intmation from
the jury that they wished to render their verdict.
The different counsel, the parties on trial, a mum.
Der OF the press and citizens were present when the
jury came into court.
The foreman handed to the Judge written CON-
munication that "as to Kissane they had agreed to
disagree y which was handed back to the jury with
instructions to return to their and agree upon
verdict.
One the jurymen declared that it was impossible
to agree as to one of the parties. The Judge said
they must return, and if possible, agree on verdict,
and the Court would wait awhile for their decision.
The friends of Kissane here breathed freer, whilst
those Of Findlay became uneasy. Mr.. McGroarty,
his counsel suggested that the Court could not do
any judicial act on Sunday which, by the watch of
the Sheriff. would commence in five minutes. Dur.
ing the few minutes OF the absence Of the jury Mr..
FiDdlay still under ball. and not in the custody Of
the Sheriff, left the court room and fed.
AT five minutes after twelve o'clock, the jury re-
turned with written verdict, which was handed to
the Judge, who inquired if the prisoners, Findlay
and Kissane, were in Court-Kissane was present.
but Finday was not found. The Court ordered the
clerk to enter the recognizance ($3 000) of Andrew
Finday forfeited which order, at the suggestion of
Mr.. Conner, on the part of the State, was with
drawn.
The Court seemed to be in doubt what course to
pursue as to the intervention Of Sunday and asked
Judge Walker what was the law in that case Judge
W. replied that delicate the nature of his re-
laton to of the parties he ought not to say any
thing. The unopened verdict was returned to the
jury, and they were sent back to their room. The
Court agreed to continue the session until this morn
ing, and took recess until that time, leaving the
jury to be confined to their room all the while Two
of the jury declared that they sick; medical at
tendance was ordered to be provided for them.