New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-31

basnesS 40 Of a,k t. .rd her PSI. o. TO-. e,,
tea On .a ssSSr. b.; .esa ksassS de ST.as .s4 ga
sses % coulnt = ne leaa ,o4',,s-' sas 'ae .s-h
ssb-i.'ed Eouts. btv-eO the .usea ,sd
the ttis t p-s-ni c,uts.se u obsrsetsr-
s,,ii. skius al oth- ot lss froz
al fhe.- - witch ssve ever beard or rad
H., .'ds r.,ia. Geed uen deG.ad COW rssAts
runr tie s.'deso- By he varo0.
The hyPV,hess of integrity q, the witnesses tbs.
ro~- cs,uct do thai. are 70 Jutre h-tw-sn
hisy We 10 soaer h-r ,rp~.ace stand
their rssors % ire sasc, OF se trial and 70 the seorse
We so rr-nAer h. this ,ae Temple Of J1sies sad
tts to-day her ministers The eOnuiia sns waves Of
t nSy tie public nind without ba; eAnne.s sat
tIufo Soee couie t1e 81 - pc 81 80
6uty adOushee raa veil beads and hearts
On the on- .bocd avoid exhibition OF iohsnAay
toward The mP-recfors ef and the other
side should ke that eoerzeneus Be not gven BY
DOR sction - srea, crimes AID great eIimsnAs
In the dehs-gs Of my remaining dudes 10 this trial
,hs mshe comments the evidence By the Canutassa
a trial By Jury il sasrtseed 10 citizen eru
n. ss-. and rtbn n. .srt q prOvsos
WIKI j. H.ee y twelve usn .iIsr a.isans 70 g %en.,
erl. es the verdict 81 IL lesttmAs for TIE Jusse
The law . rrc-,ed fron the Judge the
theu-. uIneu-nsed By comments 81 the adse the ev
The scersed Gesemen 10 indicted for forgery In the third
degree The status which denaes thu. cri@. os oesn sa IN
.p here 1t sufficient for 20 state that the socased
the essential clemens Of the OF ors
cry sessd sssss; him in this case and TIE People
Therefore establish the existence OF all these elements Ia
cocrrc,icn with ID. s- ou IN the
~, accused With the MAKING of the paper the dlsro
It after its creation and the fraudulent intent II
points viii be entitled acqatt. BY your
ysIe Il s9SsveF ina, .ay gsIt Of :ss CAS-;
tie crime being the fraudulent intent with which the alleged
act intent necessarily be proved By
the acts and dcaaous Of the accused snd col
lateral CT For this have Ao~ed % both
s-Iee permit testimony ectea TIL. and al
other points the case, sfort commendsbe proof Of the
ben iBp'o,,d Sy iis coun..l Of both psIti..
Th. Court hs. rssy pcs ed upon -evs. es. POINT. .sd
therefore regard thOse decisions the 'sed lac OF
The Court decided that the Of intention 10
person sustained By proof q intention 20 de-
fsud two persons the person named the ncemsrt being
been determined that the note in ,h, would
have been svId instrument ii the signatures OF the .se
had been genuine though made rsyab 70 then order and
10. oy mem mat .ns % . sna Ss.
the sct its forgery Is '.erial and forms valid de-nse
The P.ase arc not bound toprove in the sr BY
dependent evidence the intent 70 detiaud that point pmA
the II the intent inare or deaud
ss sse ma, Be- pNerIaIo~n proof offered Tor VA. par
proof q. the evidence and In tue opinion OF the Jury
BE- convicted hi. But Gensen torery
the fsSn been proved your ssts oa the proof
.iOuld be slight, should p.se ths, question IN your
minds, beyond ali reasonable doubt
q. the law you believe paper was received BY HA
beck exclusively collateral security loan, tro~n TO both
Ha0ech the accused 20 have been usuous accused
-houd BE- acquitted cannot ascent TO proposition sub
uitt,d perceive that the usrous charstsT Of
the loan affect nature OF the alleged nal ac
cons at Phelps Dodge Co. other persons paper ns
N form negoSb mEht be injured In their property by s
circuaiOn and think that such liability to injury would
brI the within the statute.
Of 20 deaud Harbecs, OF that be ws, in e, De
sud,d These bein, questions OF fact belong exclusively %
the jury and therefore must decline 70 charge that
point. .,.h...
for :
had thssnount Of money on deposit there the bank
pay check The words Of he statue are BY which any
person ~sy be injured detrsuded" cannot therefore,
charge ou his pon', as AN requested to do.
The Court decided that II necessary to
prove any actual injury resulted fom the oIsees that an
intent nus oefan the p"on named in the Indictment
that the Lamed some other person mSa hav.
to constitute this crime aud That ne iorsery o ns
the de Of BY the accused aud the forgery
.ud paper about the time when this forgery wa.
II alleged PeipsIa'ed are proper evidence 70 De submitted
the July The question u intent and are 'acl.nt e'
deuce satisfactorily proved of such alleged fraudulent intent
in forging Tit, intent, GentIemen mus have
in the mind Of the accused either a. ne tune "nsp ne
put the false 70 the Psper OF when be parted WIN s
poesn convict hun VI any oHense connected Win thai
you must be satisfied the evidence beyond all
reasonable doubt thai ttp accused eHeI pat he name Of
by other At the reques, OF By the dee or OF sas
.seu'ed 10 s, sop Minus bpa,ber II the acaed
aud that OF Officer Boyer and other witnesses "Ho esued
to he decaOus and admission. OF the sccu.ed On tnN sao
ee Thar the note forgery Is proved ~ inc ptes whose
bears, beyond controversy Aoa Tue oh -o' On ~
10 be dol The OF the perfected instrament o. the
accused and pesoaon OF aa security on the i0sA OF
Barry be considered BY in the determnaoa OF th'
qursuou, II ana those facts ,,---
tbs, the should bear resemblance 10 the senu
inc 'a.uie The hsenes. 30 .syd nos DC %
mankind general and strangers although the ndHdus
ir surr. and skilled in detecting forsees might be able
disc the counterfeit The accused cnAtAo
with a. intent TO defaud ever body and persons acquainted
viii he
whose name the pager PaTPOHs 20 .u uuJ n'y W s 80
the bisnee Of the spurious 10 the True s4nAe 20 '
,.L IL deefu ming question of similarity may To-
ultimately eou,der the nony d tho Witnesses ~no tesy
TO he actual and successful negotiation OF the ~ %.
accused bs self You Witnesses and heard ther es
deuee You Therefore Judge Of their ss4.ely . men
received the poPet aid you may consider al those eieun
.,.ns.. in ae'smnins zee ',t, % Ss win,
which rspreseBls II you shall decide that Is mos n'. a. u
eouutsrfeit sueen resemblance to ias genuine nsna
IL SsSt.@sn' snsr h.'6s duly cOp.lasrsd analysed and
The h.n Of Pbsp DodI. Co b. defendant the
forth the indietmsg OF Of n. irAadaiest latent yoa
will your duty ind him guilty Of that charge
In rfereIce to the beet Of reasonable doubt viii oder
suggestions This Is generally well understood
therefore often mi'sppied and results 10 Pse'es eft9r
fses established your setion tending 20 connect the &C
eusee the actual forgery may exist WITH al The surouhd
ps rcuu Nth the hypoIhess Of his lnno
ceTc. Ii. there Of nAbe doubt that he COM
niisd the act md especially 80 II o.hs,s are ~
the ansSens included 10 the charge tEAt some one Of tns
might gull party On the other hand tse .ceu,ed
d.nhed with the forgery thst IN your
nnt 10. isct. .etony proved win all the sas'oasd Bs
ercumtsnces. csuuOt upon reasonable Application Oh 1r
.1t ypotb-ss Of bis innoceoee then II
would B. sequit him there will IN that event.
b, DO reason able doubt Of MS guilt.
H. Gentlemen sou should 20 the conclusion that tns A
eu..o did not write the signature Of Phelps Dodge
Co paper under consideration nor procure any other PEI
,on to bis presence you will proceed 20 De smlne
whether proved beyond a, reasonable doubt mat he nad
the forged Instrument IN his possession trowns % DO
frz,ry and uttered with Intention 70 tnjur- or dSad "a
genuine PAGE. you should end the accused gaAy Of TAU
haze be- yud b. liable TO the same he would
Rave been IL convicted the selgA forgery The
Latter proson subject 20 his gnzhcaos, ho~e'sf thas
N The e.. snee Justify you finding TIA, the accused re-
cvd the forged p.per nsoeenty in tae course u u.e VI
valuable eonscers then his uterns u sfter aotee " Nc
r..y with tAs intent defrsud, established beyond all
res sbe doubt vosd require VI you had hn saty u
rs.y In N. fourth To find him gaty under the tro