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

Police Intelligence.
rms ALLEGED FRAUD OF IS 900 ON THE BANK or
MoSTRKAL, CANADA WHIST FURTHER EVIDENCE on
THE PART OF THE DEFEScE-ExAMISATIoN OF JOHN
W. ABELL.
Before Justice Stuart.
This again brought up . hearing before the
above FAMED magistrate, in which the defendants Van
Aernam Abe and sawin, stand Jointly charged with be-
ing concerned in fauduenty obtaining IS 900 from the
Bank Of Montreal draft purportiag to be ORA by
the Hamilton Exchange Bank, Hamilton Madison county
State Of New Yorx.
The Court commenced the proceedings by calling the
stand Mr.. p brooke, who examined by the
magistrate and the counsel for the defence The follow
ng Is the EVIDENCE
Pierce Brooke continued, TO the court
My business is salesman, In the employ OF William A.
Guest, No 81 Liberty street; have been there since
August, 1852; have NO otner business have no real
estate property in New York have some IN Michigan
with mortgages it, have personal property IN New
York other than my furniture have no stock In any
Institution.
A. If 1 had my just dues time would tell; my books
are In Michigan, and cannot give any account of my
O. Could you pay liability of 81 oco now against your
A. could go and borrow 81 600 amongst my friends
any time have debts and liabilities the present time
which unable to pay, possibly to the amount of i've
six thousand dollars not liable to the extent of
$1,000 am not now able to pay this money, except
what comes from the asset s the assignment allude TO
Western
country we're Lucius Hoyt, Stephen Moore and W. B.
Gray; Mr.. Hoyt now dead; Stephen Moore is now in
business with Mr. Finley in the general western bust
dent know that Finley had any business in Ohio;
lent my to Mr.. Van Asrnam only prior to
this OCCASION it acceptance At sixty days to his
draft mys self, don't know the amount ii had been
henoraoly met, ana the PAPER handed back to and
destroyed; it was some eight or nine weeks ago; Van
Aerpan asked ME for my name gave 1t to him.
@ DO you mean TO say your name has never been
bat once, and that This instance, to any instrument
made by Van Aernam for his USE on papers, within the
A. No, SIR; only once within the past year
Q. Was 1T not draft ,on bank2
A. II might have BEEN and it might not; cannot
collect.
Q. About how long ago was this doneg
A. should say 1t about three months.
q. How did your pane bscome attached TO that drat9
A. was the drawer Of the last one, and the first
the acceptor.
Q. Excepting the bank drafts exhibit in court,
have you signed others?
A. II bave signed drafts prior to this sheet in
O. Is not Of your paper now in Canada negotiated
by Van Aernam, which rs due and past and has never
70 that reply, there il not if there is any other
rees the four drafts exhibit here the Saratoga
Bank, think all have made.
Q. Have you no. within year past, drawn any draft
Van Ae MANS order except What you have stated
A. Not that recol ect of now.
q. Have you not given yonr name to Van Asrnam, to
be used by him papers for the purpose raising mo
ney for his accommodation, within one year,
No, except as have previously stated, to the best
OF my recollection Mr. Van Aernam was neyera partner
of mine.
O. What has been Nj Van Aernams bu mess for the
last six niontbsf
A. DO net know.
O. Do you not know that Mr. Van Aernam Is a silent
years thereabous has been in store in the city Of
Buffalo?
A. In regard to that question, when was in Buffalo
last fall in going through business or store put
up at the Mansion House, where r. Van Aenam resided
wanted to purchase oyercoat for my son; went to
Mr. Sawins store and bought the coat and Van Aernam
remarked, Its all right; did not pay for the coat;
do not know whether they are in partnership not
IN M N ynnn mt nnGn M from
Mr.. Van Aernam that Mr. Sawis became involved in his
business about three years ago at Buffalo and that Mr.
Van AerDam made advances for his relief, and became
interested in bis business ano SO up 20 the present
timer
on the ground that Mr. Sawn be sected by any
declaration made by Mr. Van Aernsm.
Mr. Cochrane counsel for Van Aernam claimed the
swer in order show copartnershp existed be-
tween Van Aernam and Sawir and thereby the filing up
The Court sustained the objection by ruling out the
question the ground that any whatever upon
and the offence with which Sawin stands charged,
and cannot Iefore, be given to his prejudice He
cannot be held responsible for the declarations which
MIR Van Aernan may have ade upon the subject of
partnership between them Long before the perpetraton
OF this crime.
Q. Do you not know that NJ. Van Aernam few year
since uttered in Canada one or moro drafts payable to
his der. and accepted by you and which az
forwards declared you be orgerie as your
acceptance concerned and he became involved aud
only released from criminal consequences by his
father Flaw paying debts incurred with part ca
were protested paymens refused on the ground that
they we're given to ompronise telopyT
Q Can you make the as to any such trans.
actor having occurred in the state Of OhioS
A. lido, as lar as regards my name If there is it
Is forgery.
You say tina. your bss in any manner been
upon any papers which the subject of any such
transaction In Ohio OF CanaGaf
answer, in that event, il my name has been thus
uEet, IL is forgery.
Q When you last at BuffaloY
A think last January; then saw Van Aernsm; there
fore mentioned.
Q. Are there not now some unsettled money matters
be ween you and Mr.. Sawin
A. If there are don't know of them there was only
the ansaction about the before mention 3D. never
engaged in the lumber business have been inter
esed in -four MILL
To Mr I'd Tards-TIs traits exhibited wsrs written
ut the time, and With the ink; bat if any Of
these drafts negotiated must give them to ua
cerstand that they must not expect one dollar them
aughter) II they had taken their legitimate chs mel
perhaps they would have been paid Renewed laughter
have Mr. Saw in New York since purchased the
coat since the ars Of August have hr Van Aer
nam and Mr. Sawn together in New York never placed
Any funds in the Saratoga Bank, have ever had
draft matured at that Bank n assignee is Charles
Jese of Niles Michigan at the time signed the drafts
presume Mr.. Van Aernam knew Of my assignment and
indeed al the facts that have to; within week
preceding the arrest of Van AernsnI him at the IT.
wing House he did not speak TO about his Canada
business; did not know he had been to Canada have
spoken to Van Aernsm since his arrest and rem rked
aud If innocent acquitted ] knew John W. Abel since
four i've years past; Van Aernam and AboI g..
ing together prior TO their arrest tbey parsed
together; the drafts exhibited confident W. re
not sgsed by Abel at my store; them before
until in court Mr. Van Aernam told that the
drafts were signed BY Abel in blank bus Mr. Abel did;
be said he signed the blank drafts for Mr. Van Aernan
To Mr. HarringtonI arranged with Mr. Sa win through
Van Aernam, to pay for the coat.
Witness-Are We trying few dollars and cents about
this ccatS What has that to do in this specific case
Q. Did you pay for that coat?
Witnees-I shall not answer that question
Justice stuArt-You shsl, or III commit you to prison;
TIE sitess lot ked a. toe Justice and snweredI had
ftmtted $40 TO nr 81 win for the at from Michigan
but II seems 1t nisearried (Iaugher) considered it
honest transaction, mere taor's DILL, aud if Mr..
Gavin has not been paid am willing to pay it If he
comes to my count Dghouse (Iaughter.)
To Mr.. Blise-I know the wife OF Van Aernam; she il
the daughter of Mr.. Nye.
This concluded the evidence Of the above Witness
Mr. Sswin made the followug additional statement TO be
spperced to bis examination published yesterday -
Ihilabder W. Sswin, at his will and for himself
makes the following additional explanation to his pre-
vious examination Exhibits Nos q and 80 aud letter