The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-31
JUICE CAPR0N's CHARan.


GKsnKNU OF THE JUEY-Ths trial may Justly be demo-
minated remarkable trial. In several respects, Al least
will predict DO hereafter cited the most extraordi
dnsry trial TOR forgery recorded down 70 this time In the
criminal history Of country mot OF the world
Speaking iom the evidence given both Sides and hav
cause We may safely assert has the large amcUnt Of al
legged and admitted orgeres developed Dy this invest
CATION estimated not In thousands OF dollars
OF houeandr but N hundreds o thousands sod the
amount OF deposits made In various banks to the credit
of the accused founded such forgeres estimated 10
petition Of hese forseres extending moi 70 DAYS nor
weeks nor months, but 70 years the uniform
which attended the schemes OF the accused in the ab
sence Of all system and order In their prosecuon the
astoundrg facts that his operations being emphaticay
nothing less thaa Wholesale jobbing forgeries
street and other parts Of this city, and thl some OF those
NOT only we'll knew Of the forgery Of their sigma
lures but actually bonorsd the drafts and yet made
significantly equivocal relations which, according
10 the evidence subs.sted for many months
nesses on this trial. present combination Of character.
iscs distinguishing from all others Of is cassat least
from all those Of which have ever heard read.
care and industry on The part Of the and jury
anay zrg ana comparing the evidence given by the Va
testimony consistently with the hypotnoss Of fnsesrty TO-
wards all the witnesses II that be posaible but II
cannot 90 that We are to Judge between thsm and Ia
TO consider their appearance the stand before a.
their relations 10 the subject trial the accused
we ns sso y snS s My o. sns
OF Justice, and that to-day her Minister'S The
commnglng waves Of popular excitement raised from
yAross sources respecting this trial may agate the pub
lic mind without but calmneas and truth aloae become
the sacledDess Of this place. We sit here 70 connder
We are admonished to guard we'll our heads and our
hearts. On the enc sde we should avoid the exhibition
OF toward the imperfsctons Of human nature
coursgement be mot given by action 10 great
crimes and great crtninas In the discharge Of my
comments on he evidence By the constitution Of our
state trial By jury guaranteed to the citizen In crim
nal cases. and within the spirit Of this provision
commentary the evidence from the presiding Judge
can hardly be properly called the verdict Of jury
legitimate for ths Judge 70 advise the jury Of the and
Judge TO the facts found Themselves unnduenced
BY comments Of the Judge the evidence The accused
The statute which defines that crime has been read in
your hearing and tho Court win not therefore, dssan
yoa ey repeating here T. sufficient for me 70 state
men0 Of the crime Of forgery which is alleged against
him IN this case, and the people must therefore, esas
the instrument out In the Indictment and connect
accused with the making Of the paper the disposition Of
amer i creation, and tne fraudulent intent there
points, the defendant will be entitled TO acqual by
your verdift u not however, necessary that any part
OF the case should be proved BY direct positive evidence
The essence OF the crime being the fraudulent intent With
which the alleged act was committed, that intent must
necessarily be proved By tho acts and declare,
circumstances For this reason, have allowed 70 both
parties the wheat scope or examination that the rules Of
tbs and al other points in the case, Affords comnendabc
proof Of the diligence and ability with which this prvi
sss Or rhs has been improved by the counsel o. both
points raised tho part Of the praoner during the pro-
ress of tho trial and you wn thsrefore regard those
decisions ss the settled Law AZ this Tha Conr has
decided allagaaoa atsnfou 10 deSrAud one
penon sustained BY proof Of intention TO defAnd
one or the two ii has also been determined that the nose
IN this case would have been valid nsru nent II the
gnasurs OF the makers nad oeea ge.nins although -
that n endorsement forms essential part of the
for the purposes OF this trial aud therefore the TACT OF
Its forgery 10 mmaierla and forms no valid defence to
the haYrc ot forging the Of the makers this trial
Tho people are not bound 70 prove in tne nrst instance
by evidence the neOt to deraud that poio.
Is prtmd faee ertabshed BY proof OF the forgery OF
the signature by the accused but the presumption
OF the intent to injure or defrsud tnus raised
may be ovehrown by proof offered for that purpose
part OF the accused and the jury may pass
proof upon ali the evidence, and IN the opinion OF
the ury fraudulent intent sasf.csoriy di.provea,
PROVED @ to your Subtraction Beyond ali rsasonsois doubt
fsur thus raised should not bc slght-lt shouid place
that question, 10 your minds, beyond ali reasonable
eoubt Ian requested BY the counsel Of the accused 70
received by Harbeck exclusively collateral security
loan, known 10 both Hsrbeck and the accused 10
4
cannot assent 70 the proposition submitted
BILE 10 perceive that The character OF the loan
can aect the nature Of the alleged cr uinal Act no~
being form ncgo liable might be Injured Ia their pro-
pcry ny iw circulation and think thai svch an injury
would bring the case within tho statute. am also
aussted 70 charge that there no proof whatever OF
apy intent 10 dcirsud Harbeck, that he In fact
defraudsd These beng qus.sons o. fact, belong e1.
osrsaniy iha. the check Of toe accused for $1,000
had that amount Of money on dcposi there. the bank
may have hal superior right 70 sns fund aad have re-
fused % pay the check ras words Of the statute srs
"By which any person may bo Injured dor rAudcd.v
cannot, therefore charge upon this point -
qusned 70 do. The Court has also decided tna in no
suited from the orssr,s hat IN nssas to nuss Or de-
aud the person named in the indct nent and that the
person named or some csh:r psrsoa might have bee.
TO constitute this crims and thai The forgery Of the In
srumen the subsequent use made OF By the accused,
tine whss he forgery WA = is sisssd psspssrs.ss.
proper evidence 70 be submitted 70 the drT the
question Of inhnt and SUFFICIENT evidence sstisAc
tory proved OF such alleged fraudulent latent ID forging
the Instrument This intent, gentlemen, must have ex.
sted in the mind Of the accused either al the time
s sD " ne & *
neessd with that paper You be satisfied also from
the evidence beyond al reasonable doubt that the
pspsr or ssa; vss wssn there sy ss%s oshsr person
q the Request o. BY hs dirsohou efths accused To -
@ ysq rRs, On S y. RE; x. ss sy
and to that os Oncev Bowyer asd cshss witncse who
tssned 70 Ne declarations and sAnssions Of the
c-ssd on thss subjcct. That The note forgery ID
proved By the parties whose names bears, beyond
conroversy andt only hsf tn point Tor yoar con
sidsvAiion H. Who did The dssd caused 70 bs dons
me possesson Of NE perfected inssruneat By the
cused. and his negotiation Of - security on the loan
Of money aflsr came into his hands in sa unfinished
stas from Barry, may b consiAersd BY you In We d.
rminstisn of this question: n you lnd those Acss. In
order 70 constitute the crime Of forgery, nsosasary
that the counterfeit sh0ud bear resemblancs " the
genuine Signature The nkeness however, need nos be
complets l. sufsicat the counterfeit be caloulaasd
to impose On mankind In geseral and on stranser,
although the individuals whose names are forged, and
others acquainted with their genuine signatures and
skilled In dseectsg fovgercs, might be able 10 casy dis
cover The countcset. The accused 10 chargeabe with
ntests dsfraud every ocdy and persons acquainted
with The nAme and reputation Of the house or copartuer
ship whose The paper purports 70 bear RuIy may
be decsved n We reeemblaace Of tho spurious 70 the
true Signature be bus slight. In determining this
question q sis ariu ycu may egumAsiy ccnsdev the
tesmoay o M whaessss who TESTIFY 70 the actual and
successful peoosAhoa " ths nsrumsat By he accused
himself You thsse witnesses and heard thsis ev-
deScs yeu therefore Judge q their sagaciy
Of business Of their creby, and the rou.ds % which