The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-17
The Canada Bank Fraud.

y,
when the examination of Mr. Parker viii bs continued
The Canada Bank Fraud.
! EVIDENCE CLOSED ON BOTH SIDEs-SrATKMENf OF
JABEz L. wHIrE-suNMING UP OF COUNSEL.
\ Eefe re Justice Stuart.
TIE parties again met in ths matter pending against D.
obtaining IS, COO forged fraudulent draft pur-
porting 10 have been drawn by the Hamilton Exchange
agent Of tn. Bank Of Montreal at the commencement
Of proceedings the magistrate called Mr.. James NJ.
Murray, Clerk of Police to the stand who testified that
the evidence recorded in the proceedings purportng
be the testimony Of Jabsz L. White is in truth the evil
dencs Of said Viii in behalf OF the people
against Daniel W. Van Aernam and Others rysa with
felony,
Cross examination by MT Clnton.-Q Do you reoolect,
at the close of the eIaminaton Mr. Whites asking
explain his testimony given sforesad A. My
sion Is that there was something said by Mr. White on
the subject.
of this court should enter that fact upon the minutes Of
the evidence of White taken BY myself A. Twas not
done.
O. Did not my associate Mr. Haddeck ask Of the court
the privilege 1T the close OF examining the witness
OF the to bring out such other facts he should
deem material and just TO the Witness In pursuance,
he OF int nation statement Of the court
and the commencement of the examination Of White,
that Whites counsel, matter o, favor Indulge
should be permitted to ask him. during the taking Of his
testimony whatever questions they esmed necessary
the mentioned any thing to that eec.
=. Yes, sir.
@ Did Mr. Bliss one of the counsel for defendant Abel
at the Gloss Of the exAmina ion of Whte during its
continuance, AK to examine Wnitef A. Yes, sir
he did at the close of the examination.
BY Justice Suar.Q Was IL not after mite had been
ordered into custody by the magistrate and made de-
PENDANT Ia this case that both ns nel req the
priv to further examine him under oath, aud taat
no more under oath, and no longer Witness but
OF the accused parties in the cA,e aud that any
statement be desired to make must be In pursuance Of
ths statute in such cases provided A. think 1t
Q, Was not Mr. White repeatedly told by ths magis-
trate dur ing his examination witness, also at the
time he was sworn SUCH he need not answer any
or a IA
TO crimnate hu SELF and when werng the questons
propounded, that all occasions he at liberty to
state length thing ard all he might have to in
respect 10 the particular matter inquired Off
Objected TO by Mr. Citation, on the ground that the
minutes OF evidence must show such state Of facts
they existed. 0verrulsd.
A. Yes, | think he
By Mr. Clinton-Q Was not the suggestion that what
ever expsuaon White wished to make should be made
by him defendant under the statute first made by
Mr. Cochrane after the court had declined to permit him
to give any explanation Of his evidence? A. | don't
rem ember.
At the close Of Whites examination or during any
part Of it to your knowledge, question put to
him by either OF his counsel at the close of Whites
examination as wtnsssf A. Not to nay knowledge.
Have you any distinct recollection Of thing being
said by the court before Whites examination
and before he sworn, in respect to his not being
compelled TO answer questions which might tend to
his crimnation A. remember the court stating to Mr..
| White the position in which he stood.
Mr.. Clinton offered to show the good character of Mr..
necessary he believed Mr.. White to bs OF un xoep
tionable character up 20 this time
tste placed Mr. White under exsminat defendant
ane charged him that he was at liberty to answer
decline to any questi that might be put to him
The following is the statement made by Mr. White In
ference to the charge -
STATEMENT BY MR.. WHITE.
an Ss % aae " m
case was assured that was in event 70 be acd
and complicated questions have by your Honor
most Of which required gorcsl Of yes
exist and were drawn that siiIia LAWYER vita 'u
ps nS nns 20 s to
answering with accuracy such QUESTION: These questions
evidence !. guilt At the my
animation and put TO nae few Of The
prop y Permitting me- desired evdsnee
wilma isIS the
examine and ssxsmine me at any length after had
s You refused sdopt tat eoass but stated to ma and
my counsel that should have an opportunity Of making
nasdoeh $50 sthaasS twas not mater Of
they g': SsSip
The right of eapl refused You also
III
s q tbs os,e am sS.ei sy my s9unss that the sv
Sc Tor mo- under
u1 justice and we'll ne RuaS pS
p'oeesaiDs ;sseiuss ahd ualided nuy
here would be evidence BEHALF the
he %assrs eabaeed some three sssDss before you
think the wtnes' tand altogether sixteen
IRON iistls past tn S'slocs in the morning until. s.
custody additional that j.
as ! an advised by my counsel, no legal evidence in
case new stands law clearly pspasiy entities me to
a. yS1f hind III, Ate. the wass have
Justly 60 net deem II Necessary to say anytang further
''t aA''' y 'Aa 'fs appropriate JABEz L. WHITE
summing up the case on the part Of bis client.
TIL q.