New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-25

Judge Russel mas IaleIy been Overwhelmed win
compliments for bis zeal aud efficiency in the exc
cutiOn of that part Of the law which relates TO the
protection Of the person. There is another psrs Of
the law-,he protection of the public against couu-
terfeit bils-in which the judges zeal is less con-
spcuous, at least if newspaper reports are to be
relied on.
The journals informed us, some three months
since, that the officers Of the Morris County Bank
of New Jersey, finding that large numbers of coun.
terfeit bills on their bank were in circulation, took
NE ans for detecting their origin. A detective
officer employed in this business, assuming the
character Of drover going to make purchases in
the West, obtained an introduction TO one Kim
berry, then lodging at the Commercial Hotel and
suspected to be dealer in this bogus money. This
man exhibited large quantity of counterfeit!
money, which he offered to dispose Of for forty
cents on the dollar. Being arrested and examined,
on condition Of not being himself prosecuted,
be stated that be got the cOunterfeits from James
NJ. Taylor & Brother, exchange brokers, az the
corner of Chatham and James streets. In order
to verify this statement, being furnished with
money to purchase an additional quantity of these
bills, he preceded to the brokers' Office followed
by the detective and other officers, who stationed
themselves about the Office The detective
hDself followed Kimberly in, under pre.ense of
getting change for bill, and observing Jeremiah 7.
Tay Tor, one of the brothers, hand to Kimberly
large package of bills, the officer at once seized it,
at the same time rearresting Kimberly. An at.
tempt was made, 80 it was stated in the report of
the proceeding given at the tine on the part of
both the brothers, to recover the package from the
detective, but the other officers rushing in, both
brothers were arrested. A search of the premises
is stated to have resulted in the discovery of couo-
tereit money on various banks much Of il with the
signatures only partially filed in, to the amount OF
500 COO together with assorted sheets of the names
of banks, &c, printed on the fines. tssue-paper,
suitable for making alterations in bank bills.
Upon this case the brothers Taylor were held 10
bail; but the matter being lately brought before
Judge Russell on a writ Of certiorari, he has dis
charged them from arrest and quashed the whole
proceedings. The ground Of this action on the part
Of the Judge appears TO be, that there is no proof
in tie testimony taken that Kimberly sctually paid
any money for the package of counterfeit bills which
was handed to him. This deficiency might perhaps
be supplied by determination of Kimberly; bg!
Kimberly, who it seems was STATE Prison )nvict
at large on conditional pardon, has since, for breach
ofeondtion, been remanded to prison. and, under our
law, is therefore disqualified to testify. 1t would
seem, however, that the alleged counterfeit bills
found in possession Of the Taylors might afford
sufficient reason for holding them 10 answer. The
Judge stated, however, that there was no evidence
that these bills OF those handed TO Kimberly were
counterfeit. This is q very mportan. point in the
case, both for the Tsylors and the community; aud
il there was any doub. or deficiency Of evidence as
to tina. point, i. seems to us to have been Judge
Russell's imperative duty, before dismissing the
case, to have cleared that point up The objection
to & Tetxsmpation urged by the Judge against
Kimberly would not have applied to those bills.
Even though counterfeit, they weuld not have been
thereby disqualified from being evidence in the
case, and evidence, one would think, quite sui.
fc;ent to ho'd the Taylors independently Of Kim.
berly's testimony. Did Judge Russell really think
it doubtful whether these bills were counterfeit; or
believing them TO be 81, id he quash the proceed
ipes on technca, deficiency Of evidence which
determination might have supplied, but VIII oh re-
examination be did not choose to make