The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-05-14

jonrn until the next morning In the meantime he eau
TONED the jury TO hold any communication with any
body on the subject.
The Court then adjourned until 10 o'clock this morn
ing.
MAY 1.-THE trial Of samuel j. Proper, Tor false pre-
fences, was resumed this morning at 10 O'Clock.
Mr.. Coleman's examination again resumed by the
counsel for the defenceThiDks the bills he gave Proper
were State bills he charged him onefourth per cent dis
bill not; be could not tell what denomination the
Bills were, but they al State money; Mr.
Drake was about block away from the office at the time
James Gibbons Cashier Of The Ocean Bank being duly
sworn deposedThat he has been Cashier Of that bank
since December 1S49 knows the prisoner from having
him. there account kept In the Ocean Bank
in the name Of Samuel Proper about the 10th or 18th
District Attorneyo DID you give instructions to have
his account closed?
Prisoners counsel objected to this question,
The court susaire ed Mr. Wheaton In his objection,
the teller Of the bank would state that upon examination
The examination of Mr.. Gibbons here suspended.
was paying teller in tho Ocean Bank up to the ssh Of
October 1882 is now paying teller in the Nassau Bank
knows Mr. ne Kept an account In the Ocean bank
he received instructions from both the President and
Cashier that Mr.. Proper's account should be closed;
witness told Mr. Proper, whom he was making deposit
that they wished his account closed the deposit
Cross examined by Mr. wheaton-Q Are you sure that
you did not receive deposit as late as the 10th Of octo-
ber 1882 A. Could not say he very sure that he
communicated the fact to Mr. Proper that his account
when he informed Proper Of the fact he received
deposit after he gave him the information.
account Proper ISa which Exhibited Deposit Of so On
the 26th of October.
Examination continuedBe gave Mr. Proper the nfor.
maten at the time he made the deposit.
Cross examined by District Attorney-A deposit made
by Mr. Proper consisted of checks and bills one of the
checks was for 1851 Al on the Mechsnics Bank.
MT. Wheaton objected to further examination
about the deposit, it was altogether irrelevant.
District AAMor5ey-oan you explain how you took the
should be closed'
AL communicated with the officers and they told me
that 1t would be better to take the deposit it would
server to meet check drawn the prisoner in favor Of
q Mr. Jessup.
was tho bookEeepsr in the Citizens Bank; s. j. Proper
never kept account in that bank.
Henry spoo1nsr being duly sworn posed that he
has been bookkeeper in that establishment for fifteen
sixteen years. the prisoner has never had money in
Charles W. Simpson, being duly sworn deposed that
he was bookkeeper in The Mechanics Bank Proper had
money in that bank the got h of August 1852.
Thomas Adams being sworn, deposed that he
broker, doing business at No. Il Wall street; knows Mr.
District Attsrney-o. Did Proper ever obtain any
This question objected to by Mr.. whsaton, the
ground that this evidence irrelevant If they wanted
to prove all the actions of the prisonsrs lie criminal
they should 60 into full an investigation the present
one. The testimony in this liable to leave
anfavorable impression the minds Of the jury: For
mer acts Of mans life were never brought up In evil
dense in any one pa rticular CAGE.
Judge BeebeIn cases of couterseting and receiving
stolen goods acts OF prisoners former life were taka
in evidence, -
Counsel for the beteres-Dia not know Of any cssss
where former acts Of mans life taken 10 evidence
The examination Of the witness then coatinued-
Mr.. Proper obtained some money from him on the 18th
OF November last; it uncurrent money and amount
a check in Daympnt. th0y told him WAS n afr tn
them he said that he wished to get that amount and
showed them his bank book, wherein he had made de-
would degrade himself for 500, they let him have the
money for the check the check returned to them
when he came to their office.
Cross examined BY the counsel for the defence. o.
What did you give him for the check. Astats money.
George Alderman, being duly sworn, deposed-That
he wasa bookkeeper in tho Ocean Bank at the time when
The District Attorney then read correct Transcripts
Of Proper's account with the Ocean Bank
being s
District Attorney-o-D Proper give you this check
Mr.. Wheaton objected to this as Mr. Proper was no.
morally acquitted in that case some time ago.
the ground that he wanted to prove other criminal
acts Of the same nature committed by the prisoner He
founded his opinion the Of Ike nature that
were tried in the Supreme Court He endeavorng to
prove that he had money in the City Bank and he
show that he gave check that bank hav
ing no funds in that institution.
Judge Beebe-The remoeness Of the transaction makes
1t Of no value In the present case.
Mr.. Wheaton commanded that former actions trans
actions Of the prisoner had connection whatever with
the present caes Why would it not be better for the
District Attorney to prove what his general character
was that the good and bad side might Be both shown
he therefore objected to the question Of the District At
torney and also to al questions for the present. in rea
Judge Beebe--As you have so many objections to make
would it not DO well to offer them all tegetherf
vI me ono ~. Mr. bundle vas mere rss1ed
his hand; he came into his store and gave him the
check witness then gave him his BIZ took the check,
the next Monday he the check at the bank
for payment and the check was not paid he wing
account in the bank.
Mr.. Kookman, being duly sworn, deposed-That he
knew the prisoner he frat him in his store In the
Fourth avenue, in March 1854 he came into his stsre
asked him he would cash his check it only @s2
not caring about csshns it, he ct drst refused the pr
souer said he should like to have the money very muck
witness gave him $40 it, all the money he had ct tho
time the check not paid when he presented it at the
bank.
broker doing business at No 20 Wall street the morn
Ing the 9th November, the prisoner came into his
Office and asked for Slate money; his clerk then
asked him when he wanted the money Cor it, witness
said Now Of course Proper then said he would give
not acquainted with his cheek, and asked him II he had
account In that bank; Proper replied in the arma
tive, and said he would refer him to E. Collin. and
d
tory character witness consented to let him have the
money Proper requested him not to deposit the check
until tie foowsg Monday and witness agreed to it, wit
sent the check to the bank by his clerk Monday
morning. and not paid he went twice to the bank
himself but the check not paid there per-
son in company with him when he came to the office at
o'clock WITNESS here examined the check and iden-
fed it.
George F. Peterson being duly sworn. depossd-That he
was carpet manufacturer in Broadway the prisoner
came into his store and gave him check for bill Of $o7,
but the check when TO the bank not paid
he received payment for the goods afterwards.
Daniel Griffin, being duly sworn, deposedThat he knew
Mr.. Proper, and identified his handwriting.
Mr.. lent, being duly sworn, deposedThat he was an
agent; witness here identified the endorsements the
checks and also check Of Proper the Ocean Bank
gave Proper check for the last named one but
not paid he deposited the check in the bank and
returned to him unpaid
Cross examined BY the counsel for the defenoe-Wit
could not remember whether the check post
dated not he gave the prisoner his check friendly
act and has done several times before; he took, how
ever, some small consideration for his service.
T. Platt, being duly sworn, deposed that he
ceving teller at the 0cean Bank since the first day of