The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-05

CDmmoTclAss
AN EXTRAORDINARY sCENH IN COURT.
We were for an hour in attendance at the Crim-
nal Court yesterday afternoon, and there witnessed
one OF the most thrilling scenes that ever passed be-
fore mortal eyes The great bank forgery case was
progressing The Hon. William +. Johnson wit
mess called by the defence, was on the stand. Mr..
johnson was member Of the State Senate in ls49,
and is prominent as a politician and business man.
He was q particular friend Of Mr.. Kissane, having
been member Of the firm Of Lot Pugh 4 Co, Of
which Kissane was confidential clerk. He called on
Mr.. Kssane day before yesterday, and told him that
he able to testify as to his whereabouts on the
l4th Of December last, and correct o mistake made
by some of the witnesses for the prosecution. Pre-
vious to that call he had not Kssane for long
mony in the Commercial that the idea occurred to
him of taking the stand and proving abb for his
old associate. The testimony that he gave will be
found recorded fully in our regular report
After he had testified to the whereabouts of Mr..
Kissane on the l4th of December, and the business
transaction he had with him that day, Mr.. Pruden
proceeded to crOssexamine him, and asked II be
knew Mr.. Kissane's handwriting. He replied, with
smile, Yes, as well as know my own" Mr.
Pruden then handed him check drawn by Kissane,
and the forged check and inquired whether he conld
detect any similarity in the handwriting that filed
them up. Mr. johnson took the papers and closely
examined them. As he did so an expression of tor
ror came upon his countenance, and with c0nvul-
sive movement he threw the papers upon the table.
crying, in tone of horror, That check is kissanes
handwriting" He then staggered to his chair, eX-
claiming, in tone that sent shudder to every
heart-"Creat God ~
The effect of this tragic scene was stunning. Judge
and jury, lawyers and spectators, were alike appal
led. After moment Of breathless excitement and
suspense the Court took recess This movement
seemed involuntary for calm consideration could not
be given to any subject while dismay was upon the
features Of every man. Mr. johnson was ghastly
PALE and as he slowly recovered. an expression Of
intense pain settled upon his conntenance, and he
seemed suddenly to have grown old. No scene that
the pen of the novelist the dramatist ever drew
could equal the terrific dramatic grandeur and power
cf the solemn reality of this occurrence.
In few minutes the Court was called to order,
ard Judge Walker cross examined the witness. Ali
that was ELECTED by this examination will DO found
noted by our regular reporter.
The following is the testimony alluded to in the
above alticle:-
TESTIMONY OF W. p. JOHNSON.
William +. johnson called and sworn.
Q.-Had you business with Mr. Kissane on the l4th
of December last?
Al had. | will state that was reading in the
Daily Commercial Of yesterday the report Of his
trial and observed that Mr.. Kisane for whom | en-
terrain high regard, WIS charged with concernment
in this forgery, the fourteenth of December and
that certain Witnesses for he State had sworn to his
having been in certain places at certain hours Of that
day. It instantly struck me that the fourteenth Of
December last was the very day that l had some
business with Mr.. Kissane, and that could find pa
pers clearly establishing that fact.
Judge Waker7Hav you the papers here!
Mr. JohnsOn-I have, (unfOds parcel OF papers
and takes out a returned bank chsck;) on the 18th
Of last December was preparing to leave for
Chicago, where was very anxious to arrive on the
suit there; some gentlemen in the pork business here
among when were Mr.. Kissane, Hughes, d Co..
S. Davis, Jr., & Co., w. H. Fuller, and others-owed
me the sum of one thousand dollars, which Hughes
Co. promised to pay me on the 18th; they did not
pay me on the 18th, but Mr. Kissane, who was pre-
sent, said, 81 will pay you myself and made an
appointment to meet me for that purpose at JnO.
W. Coleman's the next day, at II M; anxious as
I IN law for / nd IN for
the money, and at II NJ of December a. repaired to
John w. Coleman's counting room, on Court street,
to meet Mr.. K,ssane's appointment; waited mpa-
tienty until fun oclock-perhaps five inmates az
ter one--before Mr.. K, came; when he entered he
maidstone excuse about being detailed on 'Changeand
left after without saying word about the thou
the matter to W. H. Fuller who replied "Let US go
over to Mr. Kissane's pork house and have the mat
ter properly will make it right
or something to that effect; we Immediately walk
ed over while attbs pork house, Dir. Kissane wrote
me q check for $500, on Groesbeck Il Co; | saw
him write it this was on the 1lth Of December lit
was this incident that remembered when reading
Office Of Kissane smith, and asked to look at their
returned checks for the month Of DECEMBER last from
the bundle handed l1e | picked out this check.
(handing counsel check of Smith & Kissane, on
Groesbeck q Co., for s3OO). which instantly knew
to be the one have referred to. and the back Of
which was my own endorsement.
CROSS EXAMINED.
writing-is that his ? (handing witness the check
for $500 just alluded toy
Mr. Johnson--I know it ss well as know my
own-this is his handwriting.
Mr. Pruden-Take the check given you, and
which you saw him write, and compare it with thiss
(handing Mr.. johnson the forged check attached to
the indictment, purportng to be drawn by s. Davis.
Jr. & Co. for 81 32l $50 and tell if there is any,
similarity in the filing up Of the two?
Mr. johnson takes the Two checks, looks at thema
for minute, changes color, and, in state of fear.
full excitement, throws the forged check with th8~
Indictment, upon the tablsbefore Mr.. Pruden. and
That check is Kissane's handwriting +!
Great God !"
Mr. johnson fell back with q convulsve express
sion, and was assisted to o chair by Mr.. Logan.
Great sensation prevailed throughout the court
room.
The court took recess for afteen minutes.
MR.. JoHNsON's TESTIMONY RESUMED.
After the recess Mr. johnson was cross questioned
by Judge Walker, and replied substantially as fol-
lows -
1t is very hard to say what it is in the two cheeks
that impressed me they we're written BY the sane
both. The figure is the greatest similarity in both
checks. Take away the figures, and | could not
swear the checks were wrttenb by William (kisaaneS
1t is dinghy diff ;ul to express to the unprnc
tised what it was ] saw in both checks that
made me pronounce the filling up in both to be in
Williams handwriting; If can imagine myself i'm
other circumstances must say that had not known
Of this Indictment and been shown the two checks
separately, might not have declared them to be
written by the same hand there is no striking
similarity except In the figure in each protest.
to God wish could cay nothing-could say knew
nothing Of this matter; am affected to see William
in this situation-I own i'll am but a man; if the
checks had been brought to me from different parts
of the State separately, and accompanied with no
remarks, might not have observed similarity; il
the forged check ha6 been shown me with the ques-
ton Do you know That handwrting?n can't say
that should have recognized itas William Kissanes.
Both checks are written in free bold manner; might
not be the same hard; looked them all over before
spoke; the figure shrees in each are 6issimilar;
might even say the checks were written by different
hands; the two Decembers' are not written alike;
the only positive Point of similarity is ia the figure
q; and two men lashng off check, in hurry
might be apt to Iaake the dash ut tia end Of the
figure alike.
CROss-QUEsTIONED.
I am as well prepared to answer anyquestions now
as shall be. This was said In reply to PROPOSE