The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-18
COurt Of General Sessions.
Rafnre Judge Russell.

DECISION OF THE CITY JUDGE ON THE LIPPNcoTT
AND ROBERTS ISDICTMENT-TRIAL OF JOHN B.
.HoLnBs FOR FORGERY IN THE FIRST DEGREE-IN-
TEREsTING INSTRUMENTATION OF GUILTY.
Nov. 1-when the City Judge took his seat upon the
bench this morning. he rendered the following decision in
reference TO the ppncott Roberts indictment, for an
alleged issue of fraudulent stock
The People Us. LiJpincoa d. Roberts.-A motion was
made before the Court behalf of private prosecutor
to attorney deputed to prosecute an indictment
for issuing fraudulent coal stock allegation that the
District Attorney showed himself indifferent TO the case.
The motion cannot be entertained in practice even were
the grounds Of the motion founded in fact The public
prosecutor has discretion 10 bring on for trial. or not,
any Indictment subject only 10 the Impeachment pro
vided for by statute In England indictments are prose-
cuted by private complaints at thor own expense and by
private The practice has excited attention from
ia abuses, such private compoundings OF feonies,
private settlement Of crime and Withdrawals OF charges
Witnesses and the subject OF our own system oil public
attorneys been M before tho British Parliament The
Attorney General and District Attorney have very large
discretion in prosecutions They are supposed to know
their business best and are at liberty TO decide VINO
Their indictments ought be tried and the order in which
they should be tried There often reasons not advi
sable the public know, which control their course
the with Judgcsso that Judges an prosecuting
attorneys are compelled bear in silence Ill naturcd
public criticism which Is not founded IN TACT Although
20 allow hs eiecs Mr. sweeny 70 &C, as District
Attorney TO take the Indictment from MS
hands from those Of his associate Mr. 10 both
of whom have the highest confidence in their integrity
and ability 10 discharge their public duty On the con.
irary am Of opinion that the District Attorney acted
litigation was going Whilst at the bar have had ire
ouent occasion resist prosecutions OF private nature
instituted criminal courts District Attorneys are often
deceived By those specous prosecutions But TINS me
nrst that has TO my judicial notice ana should
90 great injustice TO the community uia no. ~.
promptly in this matter The complainant goes before
Che Grand Jury without waiting for preliminary exam
nation and arrest; indictment follows; requsiton =
asked OF District Attorney who refuses on the ground
thst the defendants temporarily absent from the CITY
and their in the yearly directory shortly AFTER
wards and before the arrest the accused the com
and his co.
accused for pecunary settlement The counsel ior &C
used inform tho District Attorney that they are IN ,ne
city and are ready give ball. whereupon IL given De-
fore the Recorder Negotiations for private settlement
are renewed from the complainant, and the counsel
for the accused-hghy eminent counsel, too-hcssrs
Cram and FowIer-promptly inform tho District Attorney
and demand trial The District Attorney refuses 70 BRING
the case because the calendar o. the eour. so
&C Tho complainant commits himself IN writing 70 somc
kind OF an ntmaton that no has the witnesses Tor ,ne
peole under his control, and offers settlement AGAIN
without rendering any opinion 70 whether the acts con
stitute an offence shall send the papers before the
Grand Jury that they may there be examined The con.
duct OF Mcasrs Cram and Fowler, promptly informing
the District Attorney and the course OF the later IN re-
fsine 10 lend his once 10 further private ends deserve
praae rather than What that OF the complain
ant deserves will be for the Grand Jury 10 say
CONVICTION or JOHN n. HOLMES FOR FORGERY IN THE
FIRST DEGREE.
John n Holmes was then placed At tho bar, charged
with forging his wfe's name 10 deed involving consd-
crablc property Albany. some time was spent IN EN-
paneng jury each juror being asked II he had read
anything about the case and Of them asked they
knew anything Of tho prisoners previous history when
Jury procured all the other jurors we're discharged
nj 10 morrow morning II seems that Holmes a
didate for nomination as Alderman of the First ward
about three years ago and tired twice on charge OF
killing officer Gourley the jury dsageeng On oosn Ca
stating that very important one, and that the
facts hai would be established by the prosecution would
Charged that on the Of July Holmes forged deed
for the conveyance Of real estate in consideration Of
Al GOO OF certain parcel OF Land on the corner OF Ham
on ana snip streets, Albany that tho decd purportod %
be signed nrst by John n Holmes aud Ada Holmes Th'
second count charged thai the defendant a. te unc ~
altered the deed knew that forged and counter
BENJAMIN l. Billings was the arst witness examined fcI
the people He sad he lived at 37 Bowery " counsel
Ior Al Law and a commissioner OF deeds; he Identified ms
signature the deed and thai Of young LAZY, Emma
D1n who pcrsonated Mrs Holiness she was accompanied
nv ,he defendant on the 2s,h July; Holmes came q
his Office company with Miss Dun, and represented mel
hrs wifc she said that she signed the decd; wins
assed her she had executed the deed without any com
pus,on from her husband she replied In the afr NATIVE
a. Uomce returned and witness handed him the deed
"a ,hey len the Office together. witness onice Ia No
TTyoo row; had her previously in company will
Iiome and supposed her 10 be his wife; saw the decd
M .he S,s, Of Juiy for il was acknowledged by Holmes
on tbat day alone and gave some excuse Tor no
bringing wife; had no conversation with Holmes soou
me aeeu a,amnsSI think the signature Of Ada Holmes
was on The deed when Holmes nrst called on me, ou
pn,ar, Ieveridgc said nc was n counsellor At law
knew Ias. p Nsgle, the deed shown him y
bis Once about the 2ist Of July; II purportet
20 be 4 decd conveying certain property 70 NC
Nasle; thinks that IL was not slsnel ~ Aa'
romes; witness declined executing ne ueu' ,sns
Il had not been acknowledged by Mrs Holmes re'urne'
the deed 70 Mr. Holmes, and Informed nun tna' NC oou
not allow Mr. NagIe 10 take edecdi inc acenaans wa
angry and left the office In company WIN NJ. nas'e
subsequently witness examined tne aeeai Wnsn y ~
purportcd 10 have been signed by MIS- hoin ~
10 Mr. Maggie, who recorded II aud ieturheu ~ WV n,
who then gave u TO the District Attorney s.no V
deed was delivered Mr. Holmes received s@9o IS " par
OF the consideration. - - a.,
james Kerr dcposcd that he Wa the Dro,uI '" ~.
Ada Holmes the wife OF the prisoner al the bar that
dry goods clerk in a Canal street store; ms ss,e
always wrote her Ada Jcmma Holmes, anu ~ ~ ~
her write frequently; perfectly familiar WIN ne
handwriting the signature 20 the deed shown 70 uns W
was positively denied as being that Of MIS- noo'
she had been married 10 him about eighteen mon,hs M
had left him frequently during that time sho i"' "
Europe on the 9th Of August, and IL there now -
Cross -examined-Dd you institute these proceedihSs'
Mr.. scdgwick objected 10 the question.
Mr. Philips counsel for defendant, said he proposed
show that the had It's origin private malice an
was only attempt 10 degrade his client before the con
rnunsv had been defrnuded q his right ~ pr