The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-24
Trial OF Lyman Cole f0r Forgery.
COURT OF SESSIONS.
Before Recorder Smith,.
THIRD DAY.

AT IL O'Clock yohterusy m ruing the CASE 81 Lyman
Cole was resumed the prisoner being attended BY hi
counsels, Mr. Richard Busted and Lorenzo Fairbanks
the latter gentleman having been retained in place Of
Mr.. Horace 4. Clark.
Mr. Busted proceeded with the csoss animation Of
Andrew Finday-H the girl who came to
our room always; we usually remained in the rooms
while the chsmbermaid was cleaning up the room; l
have feen Mr. Cole In the reading rooms OF the New
York Hotel engaged with the morning parers; Mr. Cole
would usually up to the hotel about o'slosx in
the morning; have known William Kissane for six or
seven years; have known him intimately; have
been intimate with him for about two and Q halt
years. | was introduced to him about two aud
u half years sgo; had known him before I was
here in ,S ma 1 % ana Were On
Gwin, but cont recollect that va got at John
Ihompeon's; don't think swore the Kissane trial
TO getting cheek OF Thompson in this former trial
swore that "when Cole came In the hotel with the
50 600 in money, he handed to and said, get this
changed before you deposit u-these banks sharp
and u they gst circumstance In the chain, they
may trace tbs AFFAIR to me;" DON'T rem,moer that
money from the bank that crossed Broadway ami
Cole" my Iecolecton now is as good as 1t Was upon
street, he saia why Fin ,ay, you look quite irshten
ecdont be afraid, they can't know anything Of this
till to morrow; from the bank went to twenty second
street, to meet KiasaDe l went FIRST; from Twenty
second street ne to the New York Hotel Kssane
went first: dew between fourteen and fifteen thou
sand dollars from the bank that afternoon gave Mr.
KissaDs every dollar in Twenty second street; didn't
count the money till got to Baltimore; may have
as s as. s o ,s II ne0ss AZ to S from the
shout week do not rec0lect how much Of tas money
used before got to Baltimorei think about fifty or
O. Can you tell the jury how much Of this money you
lad when GU got to Baitimores
By tie Court-l must rule out that question.
Mr.. Bcsteed-Then must tahe exception.
Q. Did you ever count the money you 60. from Kis-
sane?
Whiting-l object
BY the COURT win hear Me-. Busteed before ruling
Mr. Busted argued the pontn favor OF tais question
The Court consent to the question.
Mr.. Busted Mr.. Finday, then, did you countths
money you got hom Kissansp
WitneasNot till got TO Baltimore; did not look at
5s los and 2os concealed the money in the mattress
OF my bed At home SO that my wife should not know III
counted IL in Baltimore, and found had $500;
think spent $500 in Baltimore for watches; my wife
was with ne in Baltmore lett her in Baltimore,
hotel expenses; had sowei up 10 my vest eight
$50 bills, which gave 70 officer Hogan when
ofce1hs is Il original check which got from Very
Gwn when Kssahe and myself were hers In July be-
fore Cole came on in August Cont Iecoect
about the clerk of John Thompson; can't tell whsn
exactly left Cincinnati for New York In August; Iva
rous checks were here shown to the witness and he
session. These are the checks which Kssane when
he waa here with me don't recoiect having told any
this forgery vSatsver know the lawyer, Mr. Csrs, Of
Cincinnati; never told him this about Cole Ia my ifs
don't know any one by the name Of Joseph COOK; !
would send Mr. Cole to prison, any how" hnoS Mr.
Fairbanks; don't thirk ever told him would not
fso; s@ IS ,esis old; think Was born in ISIS; my
mothtr Ia still living was two or three years old when
old sea bsn wsn. an spprepies to tbs tailor
ing business; have done tailoring business
in Locsport; l started a merchant tsilors store 10
Niagara my own ascount with capital OF about
81 COO; made this money BY bringing goods from
Canaes to Buffalo and selling them.
Q. by NJ. Bnsteed-Did you smussle these soodsY
By the Court rule that out.
Mr.. Euhteec-I tale exception,
q when were you marr;edr
Wttner<-I was married dve or six years ago.
q. Were you ever ma, ried beforeY
WitDess-I ceclne ering
Mr.. Bufteed-You must state the ground.
BY the Conrt-In declining to answer, you must stae
WitnessI decline because IL would degrade me In the
eyes Of my family.
Mr.. Bustest-ihs excuse is not sufficient
BY the CouIt-I think IL 10 sufficient.
Mr. Busteed-Note my exception.
wtness-I did business in Niagara for some years. In
lsss Old business in LONDON, Canada West.
wness-I decline ans xsrins for the same reason that
q How lops did you do business In Loraoa9
witness-ASout two years; neat went ID Cincinnati
where cut up my cotbs iaso coat pattsrns next went
next to Niaasrs, where l remained some months dis.
posing Of my property got about $500 for my pro.
ipg busiress here cold ou. to boy that raised de-
cline answering whether was married then.
O. Didn you leave deserted vile and children iu
Witnea-I decline answering; after leaving Hamilton
came on to New York 10 company with Mr.. M,Kee,
ness; / shall not tell you no much money had with
me, or vhers ! got sos 1T the amount ss with me was
Of s' my BUSINESS; @ IS decline answering how / got
tina, money; l s!Aid in New York week or two
en- my way TO Havana: I old the tailoring business
in Havana bought ewelry here which sold there
got one OF my watches at mock auction store;
don't think swore the other trial that got all my
watches in mock auction sters; from Havana went
10 New Orleans; did no business there but to
Cincinnati, where have made my home ever since;
cd not swear on the kisane trial that ~ was IN the
worked fer him made clothes for him; knew he was
thief and glad to work for him; there Is not tai
any other people, tor they always pay the BEST Qsugh
teI0 know man named McGse never was charged
with stealing FIVE hundred dollars from him; never
o Do you know . woman named Mary Hamltons
Witness-I decline answering.
Q. Why do you decline anBweriDg2
Wifness-Because 1t would degrade me.
The Court here took recess for ten minutes.
Testme ny resumed-Ilave been indicted in Cincinnati
since 1851, together with William Kissane for for
sery We were tried before jury; We were con-
Mr. Busteed--I bave done with this witness.
Nj whiting-was ,here any one else connected with
wi,psss-ihers were; J. T. Nicholson and Charles T.
Mr.. whitipg-what becsms Of that convlctIon9
wi,ness-We obtained new trial, and was let go
Mr.. WhitsDg-You have bsen asked about your max.
ing declarations IN tie Tcmbs that you wou not swear
sgainst Cole Z
wtnees-Yes; several persons called they talked TO
about this csss-tried to intimidate me.
Mr.. Busteed-Dia Ar. Whiting ever call upon you at
the Ttmts?
winess-Yes, he did; he asked me several questions
about Il e case.
Mr.. whriiDg-Did NJ. Busted ever call upon you At
the Tombss
Witness-Yes he did.
This witness tnen left the stand.
Mr.. ChaYksF +. Various was next called II provi
son dealer partner OF Mr.. Van Brunt; have seen
the witness before who teen upon the he came
into my store Mr. Jsres Bishop, and had talk with
Mr.. vsn Erunt he was introduced TO me as drovsr
from Kentucky; took him TO ths Chemical BANK to In
toouce him; counted his money and msce his depost,
which about 81 600 in money and two drafts Find
then invited to dine with him at the Prescott
Boase; promised Go In the evening; at the ap
pointed time went to keep my appointment inquired
there for Mr. James Bisbop found he had only regis
tered his name and had rot taken room; ! waited