The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-10
Third District Police Court.
DEC IsIoE IN THE CASE OF 0ARvIE VS.. HANNA.

Before Justice Wood
JrrY 9-on the 2sth day OF May Mr. James Garve pre-
ierrcd complaint before me, charging that he had beea
ecfrauded OF large amount Of property by william 5
Hanna. warrant issued for Hannas arrest, and
upon bis being brought before me he offered by his ccun
sci to waive examination Believing IL, however, 10
be magistrates duty whenever the ends or public jus
tcc 1, require H. TO ferret crime and 10 place all
the facts before the Grand Jury for their action re-
gardng the present MS case In which II evidently
proper to endeayor TO elicit all Information that could be
obtained declined the offer Of counsel and proceeded to
examine such witnesses could ascertain 10 be In
possession Of any knowledge in the premises The result
Of the examination may be briefly stated -
II app that the accused u mechanic In the humble
sphere OF Mfe ard posse Of pecunary means re
sdng with hs wife aud three children the third story
Of tenement hosse In Ie sis street In this city aud de
bending bis daily labor for the support Of his family
and previous 20 the tune he procured the er Of the
property hei chatter mentioned the amy poorly
clad, aud that .Garyie, the compainaut gave them
money purchase clothing TO Tire amollt OF thirty.
three couars Hc lIIaans) knew Garvie aa,lml,ey
-haa often been the recipient Of iavors from
him, and treated one Of the family at Mr. Garvc's
residence coming and going when he pleased and paying
nothing for his board About the lst OF March last Garye
came 70 this city and stopping In Gold street few days.
he then, meeting Hanna was induced by the latter 10
visit bis residence with him. There he remained con
siderable ime--a period OF some wceks-durng which
time, with little exception, he continually ntox
rated. During biz stay Garvie was induced BY Hanna
while stupned with liquor " execute lease Of property
si Glen Cove worth $50 600 for 81 900 per year. and
deed for the tao houses and los In i27h street worth
81 00o, and bin OF sale for third Of tho bark
wall Jr., and bill OF sale for the soop Freedom For
all OF the said property Hanna paid nothing and the sy
dencc conc lusiye that he had nothing to pay We 60
one step further In the ind II satisfactorily
that Hanna procured Garvc TO become intoxicated
BY giving him money, saying Jimmy, go and get
drink" Upon the whole OF the evidence, think very
clear that Hanna dcssnedy procured Garyc 10 become
intoxicated ard induced him TO remain In that state with
as prov proven OIL in % evidence. nv hts own ~srs he licked
CARVE up drunk: he bad him all right he had him just
where he wanted him. ! cannot doubt that such trans
action Is an offence nj common law, without reference 70
any statute. And there other circumstances
in the case, ! should regard II as my duty 10
hold the accused for the action Of the Grand jury Bot
In my opinion the facts tend establish conspiracy 10
deffsud CARVE Of hts property When he had been
there eight or nine days Garve, IN state Of ntox.
cation, taken TO the Office of Adams Taylor, by
Hanna; ana on this occasion Mr.. 0'nonnel, who prcyi
ousiy worked for Garve, was in company with them.
ON reaching the office, CARVE being supplied with liquor,
Hanna tod Adams he wanted TO speak him privately.
lbey left the office, leaving Garvic and Ononne there,
,n,n sass ,ou, .uy ,c n, hs sou upun ,oe IN ~ ne
Garvie proceeded At once 20 draw lease 20 Hanna of
ihe properly NJ GLEN Cove. Garye sitting with his head
down, as asleep, and did not speak; and when the
was finished, Hanna went and shook Garvie, and
told him the lease was ready adams then read the
and Garve signed u, and then sat down again.
Adams then proceeded to traw the deed for the Harlem
property This being done, Adams suggested 10 Garyie
hat be had best make will and upon Garvic saying
60 ahead !" Adams proceeded 10 draw a will taking his
instructions entirely from Hanna and devising bulk
Of Garv'cs property TO Hannas daughter and making
\
professional acts and do not believe a jury will
20 consider them. II cannot be consie cred as
mere discharge u professional employment draw
pepers Of such importance 70 be executed by who
was sleepy, stupihed and crying from the effects o.
liquor cannot rid myself OF the belief that the private
talk, the suggestion to make will and drawing the pa
pers without consultation with instructions from Carve
The permitting man IN his condition 70 execute such
Instruments and the requests Of Adams 10 0Donne at
Glen Cove 10 side with Hanna oil inconsistent with the
IDEA Of mere professional The accused has offered
or poduced any evidence 10 prove that the part that he
acted In the premises done in good faith honest
motives, or that he has given any value consideration
for the transfer OF the above mentioned property 10 him.
and which he stl claims, and refuses give back
Gsrye shall therefore hold the prisoner 10 bail TO
answer and send the papers 10 the District Attorney 10
be laid before the Grand Jury for their action do not
at present consider necessary for any further
action In the matter. have only considered the subject
n bail s 10 the amount since the prisoner first
brought before The property alleged TO have been
obtained by fraud has been enioined by the Supreme
Court and the subject IN the han II OF tho Court
nnd cannot be disposed OF. Hanna being poor man,
with family have concluded 10 x the bail at % 900.
BANGOR, MAINE, LUnnKR MARKEr.-we give
below statement Of the amount Of lumber surveyed
4 .Tuly Il al With he