The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-30

OF Rex vs. Arscott O AP 40s-s case In which AL thu
ny surprise upon Learning that that case was cited ~
eApnc authority against the propriety AID legality
at l-pgth than would rise thonass
necessary The dsfeocant in that csss wrote on the
c.ipt in The name Of Aic ma Ia the s,n,s ,h
defendant 10 hH srote rcspi 10 ~ :. ,. 4, IA,
lnieh Co. though Il does not appear a.i ~ ita.t-i
the Handwriting OF Aickmap he presented IL To tha
bsnk Of England for meit but the clerk havr anna
suspicious objected TO pay IT, and he then aided ths
a. the defendant in this aided ME s ors
nal recsipt Hb CHI he had written The bill OF sxshapss
described in the in6otle order for tas pay
ment OF money Now. every layer knows the istin,-
usn fetween bill OF exchange in legAl and c,mmsrcisI
soney and the statutes o. Great Britain upoo the sub
ject OF forgery keep IN view that broad and we'll known
o,s,iIetoo ard they enact that an esdorsemsnt upon
bli OF exchange shan be the subject of forgery but
they do rot enact that enaor, enent upon order
for the payment Of m,ney shall BE- SO, bit merely
Of that crime The pleadsr who drew up the in.
dctment In this ,ase, erronsously described the
and the Court held--and no doubt corrsctly--drst,
That forging an enforcement upon order for ths pay
ert OF money was not within the statute second that
be eoulc not be chrsed with 70 ging tas receipt be-
cruise he erely assumed receive money anoh
er aud signed his own name but twas arguei by both
the judges that the ndctm id BEEN for fosiux an
endoIt emsnt upon bill Of exchange 8 1t would nave
met the facts Of The case, and tbe-s would
of the pleader; but the Judges most emphacll!y de-
els, ed that il the docu emit lad been 9escrbsd "a bill
Issued my warrant on the assumption that II
indictment was found upon this bill OF sxlhangsmsnt
the plsader would not make such another mistake that
in Rex AIscott. This case though an absolute
adjudication, seems to ebody the following two po-
81 ions
That the forg Ing Of the receipt the name OF :k.
man coun not be forged BY tho prisoner subsequently,
adding bis
That the wi,rg OF the receipt the back Of the
81 IN The name Of the payer was an endorsemeat Of the
bill
Ard there seems to be no doubt that IT, In point Of
M hAF M fha Arm NJ In tn.h N
ahose tsJ writing IL simrl,sd had written thu endorse
ot rged by the deep liant and ad sssed
of TIE b the firm would be chargeabls eniorser,;
but whittier 1t be receipt endorsement d'es not
acct the crminalty OF the descendant: receipt it
would b. evidence against the fir ii it sl stiy
fhul imai ion deceive and Ia therefore the subject
Of fcrgery. / will refer to other pertinent to
the qUsti0nTsy o' g (Rassel on Crimes and Nsds
10 his rer and endorsed IL In blank and delivered II
TO Sutton, from whom the defendant obtained by
due means snd present tied to Cuff for payment Cun
wanted receipt the b which defs idant gave the
fictitious mar OF Wilsoa as follows :--"Racsvsd, W.
W, Wilson" 1t was objected by defendants counsel
lst that 1t was no forgery rot being ia the name OF an
other; %. that recript necessary he
comu.l able 20 give one the possession 0. ths bill being
sufficient acq uittiDce Sd that it only receipt
against the man who ave it, and that he would bs
equally estopped BY wtatsr namo be gave It, Esvsn u
the twelve Jpdges held i forgery. II the siynily
cept on the back OF bill in fictitious Il for
gerry, there bs doubt that ming such receipt ia
md STIMULATING his hand ting would also 90 forgery.
have thus examined sl the matera objections OF the
Defendants counsel The question q autu a. interest
ard tie identity OF the po50r hEd not been and - nd
not be the subject controversy shall theelore commit
the prisoner in pursuance Of the treaty and act Of Con-
gress; and will only add tia while this Will
watch wi h. jealous vi, lance to tba this treaty 10
perverted to i'm proper purposes 1T will shtdy
cue ss by the extaition Of every person rho
here tina baked character OF fusvs from that
usce which this country and England mutually recox-
nize, AZ well as every other civilized nation.