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

morning. and it not paid he went twice to the bank
son in company with him when he to the office at
O'Clock (Witness here examined the check and iden-
George F. Peterson being duly sworn depossd-Tha he
was carpet manufacturer in Broadway; the prisoner
into his store and gave him check for bill OF $o
he received payment for the goods afterwards.
Daniel Griffin being duly sworn deposed-That he knew
Mr. lent being duly sworn, deposed-That he
AGENT witness here identified the endorsements on the
checks and also check Of Proper the Ocean Bank he
gave Proper check for the last named one, but It
not paid he deposited the check in the bank and It
returned to him unpaid.
Cross examined by the counsel for the defence-Wit-
could not remember whether the check was 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.
ceivng teller at The 0cean Bank since the first day Of
x the mr. was here
duced, and the deposits identified by the witness Only
two deposits were received by him. On the 10th he
made deposit of $780, and drew check against 1t for
1925, payable to roker under the Irving House. thus
overbalancng hi, deposit The broker deposited the
post money and we refused to take his deposit, bat
afterwards took II to meet check Of $780, he having
oveIdrawn on his deposits.
in reference to Mr.. Propers last deposit But evi
denoe Of any importance was elected.
cautioning his partner about receiving any of Propsr
checks The examination Of this witness closed the evil
dence for the prosecution.
EVIDENCE FOR THR DEFENCE.
John s. Hyatt, being duly sworn deposed-That he
butcher: check given to him the 18th Of
November Mr.. Proper lent him that check; witness
short $50 day and Proper gave him the check and
told him to keep II out Of the bank until the last Of the
week.
Cross exaSlinsd by the District Attorney-Q Did he
tell you that he had money In the bapkY Mo-
sir he only requested not to present it Mt the bank
until tn last Of the week.
The deposition Of the witness made before justice o.
born was then read.
recess of half an hour was then taken Of the
witnesses was not present.
William b. McGuten being duly sworn, depossd that no
paying teller Of the Ocean Bank since 1850 Witness
recoec.td that prisoners last deposit and his paying
fifty dollar check that had been deposted It at tue
time that Lis deposit rcused that he paid the check
Proper then drew check for the balance Of his account
at the de.re of Witness they wished his account to be
closed Proper said he very sorry that his account
should he closed he had check that he wanted to
provide for witness could not tell whether 1t $136
that he wanted to deposit or sl45.
The deposition Of Mr.. Coleman, made before Justice
Osborne vas then read by the Di.trct Attorney.
CouI cor Wheaton then summed up the evidence Tor
the defence, giving Of tho evidence with com
ments, and pleading very strongly for the prisoner
N. b. Blunt, District Attorney, then summed the evil
dence for the prosecution and addressed the Jury Tor
length Of time In the Of his remarks he compared
the prisoner to the confidence man. who preceded BIN