The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-18
question was overruled by the Court.


I'M identified an affidavit made by him on which
:, wine Hution was based; his sister had resided il
dhny eign.l Brown; had him sign his TO
o., WIN Mls. " to himself; that on the 9Th o
m lines had threatened his life and they
haa nao persona, 70 about July IL had him arrested
nv nus mouse ~ BrookiyD upon which Mr.. Justice Black
Low dseAsrSed him had commenced . cyii sun
against witness, which Ae 1T was It would be per
Affidavit was not sworn TO, aidA to lock him up; tina
was before this indictment fodtNdj his wife before
also been commenced by Holmes age Nh nlant in tina
she went TO Europe; tho answer cthoHh. er OF ator
suit was sworn to by witness, undos his ~ had moi
ney knew Mrs. Wright, the mother Of Ho,As~ this suit
told her that If the divorce suit was wfthdrswn meut
would boz had not Mrs. Wright since the m 70 the
had not said he would spend 81 900 to sen II apt
State prison; think did not say in the prsencs riai
Van Orden, Of the Twenty seventh ward pchCs, an
Holmes must be got out Of the way, and Z this u ~
he had other of sending him TO the State prS>
witness said he might have said that Holmes wa absA
and would be of the way, and that hskHew
OF other forgeres that Emma Duck would TESTIFY
sister had to leave Holmes in consequence OF his oEnsa
conduct her. and the defendant under the imps
that the of her doing So the Quarrels
have had with Holmes occurred at my place OF business
p!ano ana other furniture from the house after had
him arrested for threatening conduct she claimed the
property AZ hers
Mrs Kerr said she the wife Of the last witness;
knew the prisoner remember TO have had conversation
with him about his wife; he wanted to know where she
was when called rst he called in July every other
day. saying that he wanted to her, he desired to
have her sign deed, for he was in want of money
Emma Duff deposed folows| was born in York
shire, England first became acquainted with Holmes on
the 14th OF April; know the deed now shown me- first
saw it in the defendants Office, Of Reade street
Decd l said l could not do because IL was
not my hand writing he said ne did not
wish me to write it, for it was already writ
sgnature-and that If l would go with him before
a commissioner Of deeds, would confer great favor,
and that would inurc person but HIMSELF did so,
and to Sandfords office and there Mr.. Billings;
acknowledged it, and Mr. Sanford presented the deed to
Billings and said was his wife; acknowledged to Mr..
Billings that tho signature mine at that time Thought
was only comforting favor Holmes without doing
wrong; Idont know what became of the deed; went
time acknowledge another deed at the request
Of Holmes in the building that Mr. Holmes Office
in, but the commissioner refused to acknowledge it
without witness that his wife went then to Mr..
Billings office and acknowledged 1t.
Cross examined-I was first made acquainted with this
matter in Judge suarts office; saw Mr. Kerr about
week before the 18th of October told the clerk that
had done wrong in acknowledging the deeds and had
person to tell il to; introduced to Mr. Kerr by the
clerk and made an affidavit Of the facts; have been
residing since then 3Ol Wesley place, Mulberry
and Blocker streets have not heard Mr. Kerr that he
would send Holmes to the State prison. he has made
no presents, did he promise to pay my board.
The Assistant District Attorney said that his
closed A recess of half hour then had, after
which counsel for the accused called his witnesses with
out any formal opening
Capt Van orden of the Twenty second precinct was
the first witness for the defence He said he Mr. Kerr
the office Of Judge Stuart heard him say that Holmes
had prosecuted annoyed him AMI he meant to put him
out of the way something that effect and that this
did it, he had something else that would; he said,
that another deed had to light and that there
another of which he Judge 5tuart) knew and
that the gentleman was on his way over.
Cross examned-There nothing in the conversation
that struck being particular except that Mr. Kerr
seemed to be excited; Dir. Kerr's evidence sub
stantay the the conversation in Judge Stuarts
office; am pretty positive that Mr.. Kerr from his
expression said that he would put Holmes out OF
the way casually met the counsel for Holmes yesterday
afternoon and told him that heard this conversation.
Officer Thomas Bowles deposed that he also in
Judge Stuars yesterday but did hear the
versaton between Mr. Kerr and the Judge although Kerr
seemed to be much excited
IJudge stuart testified that he was counsellor at law
that he James Kerr and John Holmes; Kerr had
visited him about eight times; he (Kerr) had difficulty
with Holmes at the witness office Mr.. Kerr
stated yesterday the witness office that he had heard
there would be hard the trial Of Holmes
but that he prepared TO show the whole truth; that
Holmes a very bad man and that II was time he
should be taken care of was hard 70 say, said Kerr
whether he would be convicted not for the jury might
disagree but that hc not convicted this charge
he another complaint which would insure his being
sent up' said that he would not spare any pains
until Holmes WAS where he ought be- and that in
the prison. Kerr said that there another deed in
the hands Of Mr. Drinker which would be handed TO the
Grand Jury and that would Tx him. words TO that effect
Cross -cxamined-I know that Mr. Van 0den and Holmes
friends and believe tina, he was assisting him in pro-
parng for his trial.
Mr. Ieyeridge auestion, said that the last
he heard r. Maggie that he In New Orleans
Mrs Stuart said that she seventy five years old and
lived in Brooklyn with Mr. Holmes mother; she WAS the
grandmother Of the prisoners Mrs Ada Holmes IN his
the LIST I'd Of July and deeds on the
desk Mrs Holmes signed two Deeds and said these arc
the deeds Haven and remarked that their rc
they would live there saw her write her name on
the deeds know whether they blank forms
or not have not Mrs. Homes since; it wet day
Cross examined-l have never been spoken 70 about
the matter by anybody on Friday last visited Holmes
Office and met a with mug, who, on being asked
where Holmes told that he had been Imprisoned
in the Tombs for forgery; remember distinctly tina,
was on the LIST and I'd Of July that Mrs Holmes a.
the once her frequently my grandson, the defend
ant was always kind to me when asked him for little
change
her sign two blank deeds about the LIST I'd Of July,
which witness procured at Steele Moody the day was
rather fine she signed them with steel pen saw the sig
nature after was written and think would partly know
IT, the best OF knowledge the signature shown me Is
hers.
and engineer considerable property has passed through
his hands, Mr. Holmes not in Flushing about the Isl
Of July attending property she signed the deeds
nj 900 broadway long distance from her whom she
signed them; she signed her husbands name and her
own Asy o% Ss al. s da not ss ask DEEDS ss'
I did not see them afterwards, for Mr.. Holme.
locked them up Mr. Holmes not in Albany on the u
Of July he returned about the last week In Juno Mrs
Walters was no. present when the deeds signed
nor Mrs Stuart in the Office when returned with the
To a Juror-Mrs Holmes wrote both her and her
husbands name don't know whether 1t was Mr. Holmes
name or her own. .
indeed the examination created much
in the court, Ryan stating ono thing one mo
VIM. J. Kane said he knew Mr.. Holmes signature, and
that on the deed exhibited TO him genuine but th'
\ fnmae name not in his handwriting.
Mr. Phillips sad that u ooncedcd by tho prosecu
ton that Mrs Holmes had separate property and pro
eeeded TO address the jury in behalf OF ms client ~
said that this singular case, and be challenged th
prosecution exhibit in the history OF criminal ~
rsprudence In any country, where husband had peel
placed the bar upon charge OF having forged TN
name Of his wife any instrument and he challenged
the District Attorney 10 produce case where the wi'
had been charged with forging the name Of hor nus
| band 10 any instrument
The Assistant District Attorney in the evening session
addressed the Jury considerable length, and analyze
the evidence with great cearncs and force arguing tina
he prosecution had made out clear case OF guilt against
the accused and rcmarking that would be novel era
the history OF criminal Jurisprudence the jury scqutte
| him on tho state Of facts proven by the people
Judge Russell briefly charged the jury stating that
great Of cxraneous matter had been nroAuced upo
the trial which they would exclude and simply inquire
the allegation in the Indictment had been sustained.
charged them that II forgery In the hrst degree
counterfeit we's signature TO deed and reviewed 70
evidence given by the various witnesses The charge
although impartial was very unisvorsoe 70 the de'ena