The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-28
Trial OF Lyman Cole for Forgery.
COURT OF GHNER AL SESSIONS.
Before Recorder Smith.

COURT OF GHNERAL SESSIONS
Before Recorder Smith.
SIXTH DAT.
The trial of this resumed yesterday msrn-
Ing at clock the day being given for mining up
Upon the opening OF tho Court Mr. Busted
cumming for the defence. He ably revis we'd all the
evidence Of tho case, and closed ct IL O'Clock having
occupied the attention of the Jury about three hours
Mr.. James R. Whiting folowed for the prosec utioa
and closed when the Court charged the Jury fol-
lows
THE CHARGE.
GENTLEMEN THE JURY congratulate you upon
drawing to tbs close of this trial Il is very
important sot only to tho prisoner at the bar but
COMMITTED and you are to decide whether the prisoner at
the bar Is the guilty persoa This prisoner charged With
forgery in the third degree Now, 70 convict MIN n
instrument II he participated with Others In the act
he Is with them equally guilty The prosecution only
New tho prosecution has introduced Andrew FiudIay,
who Acknowledges himself to bs guilty party this
offence II would not be safe ruie to convict prsoa-
upon such evidence TITS, uncorroboratsd, aad,
therefore, shall advise you this case, that there
no corroborative testimony Of Nndlsy It would b.
dence alone But whom his testimony Is eorroserate
then his testimony may be regarded safe, and it 10
yon End the accomplish Findlay ssstaiue5, you are
bound to believe him. Now, gentlemen. taking up this
case find that FndlAy ssys thst Cole and Kissans
this. If there NO business between these parties,
how did Fnday know that these gentlemen at the
MI Pindisy says that Cole and K.s.Os and he .sr.
often together at the New York Hotel Here vs and
Findl.y corrosorated By Margaret Haadbury. the
there initiating the baud writing Of the checks tsat
to be forged. The girl says again she in the
to say this again corroborates tho sts.msut By
when Cole left the B1by House he took opposite
the Broadway theatre. That he took this room Ia
proven by Mr.. and Mrs. Farms worth Now Fuilsy says
this room overlooked the Hospital grounds and this
weaken Tndlay's testimony by proving that he never
was in this room of Coles, and it is for you to
bow Fndlay knew about the situation Of this room and
that it overlooked the Hospital grounds If he
was never theres Mrs Farnsworth swears he
could not come into the room without her
room 1t is for you to ask what he went there fori
These the onycircumsances Of corroboraton that
particularly bear upon the queSton in issue The other
questions cola tera and not strictly within the Ia
affecting the II in your minds these facts su
GENTLY eorroborativs, then to believe Faday's
testponytben you convict; but il these not
sufficiently corroborative then you to reject his
testimony altogether For the defencs gent emep
they have introduced testimony to prove that he has
heretofore borre good character now, gentlemen as
regards his ris upon the Martha Washington case
bound not to let his trial there affect yoar mnds
Ia, of jury should be always taken any Of
community. Now, gentlemen, il you are not satisfied
have . raht to fa,l upon his previous good caarac.
ter, and weigh It with your DOUBTS in his Ia
vOr, and give him the benefit OF acquiktal.
This, gentlemen is necessary when character Is beas-
fetal In of this kind. has bearing when his
guilt positively shown, hut is entitled great
sideraon when doubts arise to guilt innocence
Now gentlemen you are to the defendant tue full
benefit of the testimony his that he has
introduced upon this trial He has shown that up to
this time lis character has been fair do not gentle
men, 60 the facts in this IL Is for simply
to lay down the rules Of law and you arc to Do the
judges Of the facts. Thsn gent lemen, II believe
beyond reasonable doubt that Cole here aiding and
abettipg Kissane and Findlsy, then he is guilty and
.hould be pronounced But IT, upon the you have
any doubts those doubts the property Of
the prisoner. This gentlemen is all that think It
cesssry to to you upon the subject and you may
now retire to deliberate upon Jour verdict
The jury then retired under the charge of officer
to deliberate.
At lok O'Clock at night the Recorder came into the
Court and sent for the jury twas found tbs jury
at this time stood Eve for acquital and for
vcton and there being prospects Of agreement,
the jury discharged The Court then adjourned
for the term. The June term will commence week
from To morrow when Lyman Cole will be put upon his
seccsd trial.