The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-23
The Trial or Lyman Cole FOR Forgery.
COURT OF GENERAL SESSIONS.
Before Recorder SnitA.

/ Before Recorder Smfta.
| SECOND DAY.
This case resumed yesterday morning at ii O'Clock
accused in court attended only by Mr. Busteed
his counsel, Mr. II. r. Clark, being stiM absent. Tn
wife Of the accused In court all the day seated b.
the side Of her uncle, very venerable gentleman, who
shares with his afflicted niece her almost crushing
grief.
On the opening of ths court Andrew Findisy the &C
coupliee Of Kissane, called upon the stand.
Mr. Busted interrupted tho clerk In administering the
oath to the witness and stated that he had opec-
tons present to tho competency of the witness He
contended as matter of law
to the Of the court that the
M ss .s 1hsy hs ~ s s s
appeared and Ynalays upon the Kssane
Siss motion must made i e.s.. ,s sy
Ss c BE- as heard
.ay lsl H (. s
Fourth that in view Of The well settled priaoplo law
that il y unsafe to Gonvs. uISn th. te.
@ here and that Find should not be examined frss
The District Attorney replied to the arguments Of Mr.
Buseeed, and the Court overruled the objection, Mr.
Busted excepting to the ruling.
On motion of Mr.. Busteed, all the witnesses behalf
Of the people required to the while the
witness F,nday was being examioed.
TESTIMONY OF FINDLAY.
have done business In Cincinnati; have lived in
CincinDa eight years; have known Cole six or eight
years became acquainted With him first in Cincinns
we boarded In the same house, was in New YORK In
August 1854 saw Cole here then; can't recolle It the
exact time; first him at Bxby's hotel, at or
What transpred at the Bxby hotel, between Kissanc
Cole and yourself?
Mr.. Busteed objected to this question; overruled
by the Court and took exception.
Wituess-Cole came up and asked me II had rooms;
said no; that we Kisssne and myself at the New
York Hotel he replied that he would have room by
himself Kissane said the New York Hotel just
represented to him; Kissane thep after few words Of
importance, said, Now get up and attend to your bu
Cole said there plenty Of time that hs would
not hurry he could not do business before 10 O'clock
the next thing was Coles going to has trunk and taking
was endorsed in the room there think; think Mr..
Kssane endorsed IT. the draft was not made to Coils;
kssape and then told to back to the New York
Hotel IN about two hours afterwards Cole there
with 50 eco in 500 bills; he handed the money to me-
but said 81 do not you deposit this money, for
they may trace it'' Kissane said, We won't deposit
this money for tso three daywe will get changed
the forged checks Cole remarkes We have got
watch these banks that they not get the chain
OF circumstances he said we must all be very eau
tious; the check book OF Kissane produced, and
opened in room; when opened there found the
genuine check of Very Gwin Kssane opened the book
for the express purpose Of showing 1t to Coles don't
think Cole the book before Kssane and took
the money and went down town. can't reco!lect any
thing more Of our conversation agreed not to be
seen in the streets more than was necessary the time
speak Of was the first time ever Cole at the New
York Hotel @ Was this subject talked Of between you
York in the July previous to my meeting Cole in Gin
cpnatti; when returned to cipcinnatt Kssans
to my house almost daily; Cole not present. three
or four evenings after my return to Cnciuna.t Cole
came my place Of business and asked when got
ii was going on agalnq ans wered s don't know toat
wl' Cole said i you 60, what time will you be ready"
told him in few weeks my came in the
store then, and the conversation stopped Cole after
wards replied, 81 am going TO leave for home in the
mornng' this all the conversation that took rlace
in Cincinnati; next met Mr. Cole in New YORK, at
Bixbys Hotel arrived in New York a. the time
Cole and Kissans came on from Cincinnati together;
Kssane and my self separated in Buffalo: waited for
Cole from Buffalo alone aAd went TO the New
York Hotel Kissaus and myself left Cincinnati for
eight o'clock tain; Kissans stopped in Buffalo,
and Ssms Ss on 'o 20 uots Msw rork ~, TOOK
as Robert Hsmiltou Canada West: l remsnsd in the
hotel till the other two arrived and Ksssne called
money changed; we separated In Broad say; Igos my
money changed in brokers' Office under Birnum's
| for . portion OF my money then went to the M.r
cbants' Exchange Bank and got Thorn psons check
aed then wsnf to s st. ,h. panI which
,aoe bad bis money changed slso and mad check from
Very Gwin ki:s.ns and M then Went to the Nsr York
when we got there, produced large check book, and
writing it up; this creek book upon the
Contnen tai Bank; used this book 70 comcare the
checks Of July with the checks tnen had wanted
to IL the ang up of these last checss similar
to the former ones Kissans began writing atsns up
checks, TO II he couldn't succeed in filing up,
well adding the signature hand ~rasps similar to
the genuine check; check the genuine cheea was placed
TIL he was able to forge it perfectly; Kissans,
Cole ami myself used to meet the New York Hotel
regularly every day while in the city, ali the
writing was done BY Ksssne he would write till be was
tired and then postpone toe ,tce till the next day.
VIE they satisfied with tine handwriting Kssane
went to work and filed the bills Of exchange that
here pYoducsd these bills of exchange filed TO
,: IN bank that might os 90 INTO
plans Of mapGuvring were talked over, from day to
day; took lessons from day to day as to
how should act when was in the performance
OF our business when all ready took letter
of introduction to Mr.. Van Blunt, AID through him
hoped to be introduced into some bank when was
taking these lessons, Mr. Cole woald act the banker
Mr. Kissane would act Mr. Van Blunt any else
and would be introduced as Mr. Bishcp when Mr. Cole
try-ask about the prospects, Of the crops what were
the prospects Of the hogs, &C.; Mr.. Kissane
l had learned my lessons perfectly took let.
ters OF introduction TO Mr. Van Blunt, pork
Van Blunt not in, but at his packing house went
up to his packing house and found him there; gave
him my stser Of and he told me TO call up
him next day; called next day, and Mr. Van Bunss
partner introduced to the Chemical Bank; there
made my deposit and then went back to Mr. Ksssne and
Cole TO report all fAyorabis this was at Coless ROOM
nearly opposite the Broadway theatre then took the
next letter OF introduction and down to Mr. Beds
went through the same operations with Mr. IL Bea.i as
and went with bim on Changes the next day drew
own check in the Chemical Bank for 81 sOo drew out
this amount Of money and went down with II to Mr.
Bedeps intending to have him introduce another
bani had been introduced to the Chemical B4ak;
Mr. Bedsl thwarted my intentions by saying had any
deposit to make to deposit with him. thus not my OBJ
ject and left without accomplishing my object;
met Kissane few blocks Of told him that al
right that there must be something wrong the letter
Of introducon he said. "What to be done must be
done to day, and must be done at once at
Coles room and he not In forged two checks
the Chemical Bank, and deposited them at once
going Cole and Kissane both told me 70 stand mp
my nerve that this only business transacton;
while in the bank Mr. Jones in and got into
with Of the banking men; got out Of
the bank with the money; Mr. Cole over the OPP
posite side Of the street. Joined Cole and told him had
al the money, and told him TO tell Billy Ksssne where
I had gone; told him q little frightened
count Mr. Jones' conversation in the bank told him
to watch and IL Mr. Jones did not send messenger
to the bank went TO Twenty second street, where
met Kissane, and gave him the money; he said need
hn afvo hat tran dunt m