The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-25
Trial or Lyman Cole for Fsrrery.
COURT OF GENERAL SESSIONS.
Before Recorder Smith.
FOURTH DAY.

The evidence IN thls case was resumed yosterdaY
morning. at II O'Clock, all the parties beng 10 court
The interesting ard lovely wife Of the accused was in
the court all day and frequently during the trial gave
wsy to foods OF tears The whole court appeared
touched with sympathy for her in her afeton-
Mr. Patrick Kelley recaledrhese books produced are
the registers Of Bixbys Hotel; this name, N. Car
bon was Whites BY shsr K,ssns OF c2s csns ten
Mr. Busteee--Mr. Whiting the defence is willing to
admit that that meme Carbon was written by Mr. Cole
That b his handwriting.
Mr. WhitiDg-VsIy well. then.
witnefs-1his whole register is not in my handwrt-
ing Mr. Cole always occupied his rooms from tho I'D
to this 2bth Of August; he always alone believe
he occupied bis rooms at night
the hotel cannot that the initials j. N. O. wsre
upon It; think there were white LISTERS upon IT.
dir at the Bxby Hotel about half o. tae transient
guests the Bixby Hotel take their breakfast there
the hotel be had large amount money that he de-
posited in the SAFES lie deposited the money about sig
O'Clock the night OF his arrival he TOOK It from the
safe just as be was gong to retire.
Mr. Benjamin +. Fsrnsworth-I live at No 377 Broad
Cole by sight raw hun the 18th Of last August thnt
! saw him ut eleven O'Clock In the forenoon
nna' house. ne rented nt L to him. s. took tSe
room for one week from the 2stn day Of Augusta 1t was
room on the third floor he paid IN advance; he was
was uncertain hos long he would want IT. bat he would
take II for week; don't know that ne had luggage
with him after TIE frs. day; Mr. Cole within q
day or two; think possession on the Goth Of
August; Jaw Mr. Cole but seldom while he was in the
house, / met him occasionally on the stairs
and at the street eoOr; saw him at NO
particular hour of the day; he left on the 4th
day OF September was with him whes he left he said
he would send for his fasssge he did send for It, and
it was delivered tb~t afternoon.
Crossexsrnihed by Mr. Busteed-I eon'G recollect Of
seeing Fndsy with Coles don't recolest OF ever seeing
Kissans In my house with Cole; think the trunk now
could 20 into tbs house without my seeing them.
Mr. Kelley recslsdl think this tbs trlnk that Mr.
Cole had with HIM at Bxbys Hotel. (gh's was .
IA II n W
were the initialaJ n G Of n. Q.
John Thompson cal:eil do business in Wall street;
this check shown me is forgery. (rhis tbs check
ME- John =. pesdoty swcrn-I was the cashier Of tia
Chemical Bank in August, 1854; was introduced to
now il court y Tins the .ags h.
Western man and wanted to MAKE deposit in some
bank saw Bishop the next day after his 6rs deposit
posted two cheeks, amounting TO SIS co., then
drew cheek for Sl4 $780, which was paid MIN; next
saw Findlay at the trial OF Kissane.
Cross exa ninsdI never saw Mr.. Co.e In the bank;
nsver saw him till he pointed ont to the trial
o. kissane thu bank got back $40 ooo the money
turned was paid to other officers Of The bauk Mr.
Finday in his manners appeared to be dtover he act
ed with me as he were perfectly az homs hs did not
Mr. Julian G. Very sworn-I am one of thu firm OF
Very Gwp this check for $6,ois 90 is forged have
seen Mr. Findlay tefo-e James Bishop; these two
checks, Tor sito and the other for s575 both
genuine; they are checks gave Bishop.
Crosse xsmined = The firm Of Very & Gwn commenced
lay twice; think only spoke With him once he re-
his manner was without embarrassment. he gave mo-
signs Of fear that can recollect
Mr.. e. A. Crsnstcn svorn-I am hotel keeper; was
go in August, 1854; did not then become acquainte
with man named James Bshop; think this
IN H the Ct NY N.Y. hoe ar anGn t time a
1858, the name of R. Hamilton, Canada West; this man
Hamilton manned at the hotel from the l0ta to the
morning OF the 3st Of August rs understood this
morning he took the train Albany; ind registered
on the gath of August the OF William Johnston,
was; do not know that he Kissans Mr. Johnston
left at the same time with Robert Hamilton aud in the
Cross examnsd--I don't think ever saw Mr. Cole at
my hotel in my life; the entrance is large and any
coming in often would be seen; observed this man
Fndlay at the hotel persons might in the hotel
and not see them there are three ways to come
Mr. John @ Jones sworn-I am the President Of the
Chemical Bank recognise this fellow Tindlay, new In
sl4 $50 paid; don't recollect OF seeing the man
who drew the check we received about $4,000 this
Crosaexam.ed-s4,o 600 Of this money was taken from
Fndiay; don't know BY whatirstrum 'ntal ty Fndlay
s 70 ne
Fiuaays family, vita my consent; FndiAy never told
The Court here took recess for ten minutes.
TESTIMONY RESUMED
Elizabeth y. pet Hantury sworn have been employ
in 1864; had charge Of rooms upon taird floor /
was witness upon the trial Of Kissane; saw Find
with them it the geteman now sitting at the left
Of Mr. Busted Mr Coe) these three we're much toge.
there was a double bed in the room; observed "a,
pers on the table when went in the room; cannot
ssserSs the I'D see book
O'clock next morning was the chambsrmad; when I
did up he room sometimes they went out, but very
seldom; Mr. Cole did not speak {, me; used to 10 in
the room in the afterno change the to rels aid
not observe anything in the when tie &c nteen
Cross examined by Mr., Busted Ro,m No. ia was
on the mex. floor above No. 69 Mary o'5onnei had
Hotel from to II O'Clock A. do the cnam Der work
generally while the gentlemen are at breakfast; Cole
the morning. after Cole left the hotel mex saw him in
the Tombs vent there TO identify the parties that had
Mr. Cole in the CELL Mr. Cole did not recognise
me; do NOS remember that Cole ever spoke to at
p he have n there snss in GS s
morning in his sbr, sleeves; woula have Mr..
him in Broadway, but / should not kDo~ his name;
at the hotel il they there for any length Of time,
whenever might meet them in Broadway
Mr. a. Z. Doubleday sworn-I do not know Mr.. Cole
rememher going to the bank once to identity Mr.. L.
Cole, who was oduced to me for this purposes do
not recognise this Mr. Cole in count as the sans
man identified cannot FAY that this Mr.. Cole the
same that went to the ba NIX with.
Mr., Draper sworn-I introduced Mr.. L. Cole to Mr..
Doubleday for Mr.. Doubleday to identify at the bank;
this Mr. Cole 4 nov in court have known Mr. Cole for
Cross examned-Ihsve business tran sections with
him recollect Mr. Coles being in Nex York in August
1854 he pc, haps daily my store that time he
used usually to cali about between the hours of eleven
and two o'clock he exsmiae goois at store foS the
purpose of purchasing; he did not purchase.
Q. Did he give reasons for not purchasing
Mr.. Whitng-I object
By the Court rule out that question
Mr.. Busteed-vesy we'll ex ;ept.
Q. Did the witnees make deposits with you3
Witness-He did, August 81, 81, $50; Sept. 2, $500;
the first depos Of 81 $50 made in the forenoon OF
that day.
@ when Mr.. Cole came to you first cid you not ask
him what he came 10 the city fort
Mr.. Whiting-I object.
Court-I rule sgeinst IL.
Mr. Bustted-I except to your ruling
Witness-I think Mr.. Cole ct this time large
black moustache he wore 1t all the time ne vas here
10 the prose cution. first saw Mr. Cole In
the store tho FRS. day was when aided in Identifying