New-York daily tribune., 1858-03-22

o.hS fs1s prsteoss sst tss ts,ss "A from n 81
oencs sood 'essoo 70 beevs shss tas tsfeadsst hse
bss mnuet such efenss ettheS d. ect.y tsroash
soms sgent acting 10 his kao-le5gs ana through h,s
continuing s1sse, o:mmaSi o. proerrsnss- Il
Ststltes (4th Ed.l p. sol, SEQ. S. ac
There is 10 evidence ir the cass showing tik esq
persoc," within the meaning Of N, sstutes. sAs
been heaed or de.rsucsd, unless bs Ia. aef,oiA
himself.
.on eve, maze any repye-eDtatoa o. ststesSt o the
bspk in referel os 70 his sccouats either versa
r,i,ipg except 10 present chicks to the oaAk. aal
ss no testimony yhd ,ns. S.S IN s os.ss. ". ., ~
recourse to the lscssr 10 acy other book or vr'S
iD tAe benk TO Ascertain t6e coadif.oa OF aous o."
court or tea, the pretended oveldrain o. aeG veS
uad by reason OF say deceit or narf enectes ~ toe
p.eepdsd fs-e entries IN the ledger OF oy sny othes
writing N the bark. There IS 10 testimony sao~ne
tiAt the paving teller ever had recourse 70 tne
tooskeeper 10 krow how Mctts account seocS q
TIE bauk or tha, Il tie ovsrdrsfs vs-e ns~ts ="
seged BY Mott, the same veSe made ~ 49,
e any d,eei. effected by the false eHtres IN toe
the magistrate founds h.s good rs~oss 70
be,ieye sn otierse has been Committed sad tas
tie accused is guilty Of srch oGense mast bs es-
tsbshed by legal evidence. The summary cesrsceer
of these proceeaings does dispense with lssi
d,nce as 10 each separate fsct; only requires ess
amount OF legs. proof b. comnt than TO coavict Ne
proofs sddgcet siLst the defendant could not oe r.
ccived in court Of justice to support cssn fer the
recovery OF money in . civil action. Much ien Ca
such proofs be accepted here as evidence OF crose
These pro, Is "hea,say statements, and chs sAte-
nents Of two @. the bank clerks OF the result ote pre-
Il uded exan by he5 OF tho figures IN postiees
Of the bank books. In other wo,ds tho books o.
these too clerks, stcad ct berg prcducsd. sre ns4e
speak through the clerks, who have No reeoRecuSa
OF facts except they appear recorded in such books.
The books q Bro,heIson-thst is, the ledgeu-As -
good evidence here the books OF the depssst clerk
and pay sId these books show that no dsal
cation has taken place. There is really no p,osf:
The d,fendaut Me-. is shown 70 bc sman d yooA
character.
occupying, however, comparatively BRET spacs W
tine AID this exclusiyely devoted 70 The iaw
appHcAble 20 the case. The Judge said il wss
S 5sa drawn 9fySnqb cn bs OSo sSssa 1s %
amount of noLey from tie Union Bank he bad never
deposited there. HIS account from July isoS, down
to toe present time shows him to have drawn cut,
| beyond bis actual deposits as shown by the dspesa
| book. the serious sum of ~ COO Did he d. this
| ignorant!y Didn't he kLow It Must he n0t hAvs
known that lie was drawing money he had never de-
Mr. NFS TSss ,ie ssl. ,as Ss :s. Il
| the Revised Statutes, which defines ths erans q
obtaining property by .ske preersss, ana cossenaea
the defendant could be held under that secsion. The
counsel ole:med that when man oomes 70 bank
end preserts hs check, he says IN substance. have
"that amount o. money in thls bank.
| The Recotder-I daer with you, Judge. slightly n
| that. have frequently my.ei prceeetso ensoss
that turned out to be III snsnt eAceS W my ueP'S"
judge Foote-Ah! In slight excess ! grant the
entire probability of yNur presenting csecks n ms%
e,cess of YOUR deposits without holding you tor say
| false otetense You may be mistaken N small sum-
But when man offers cheks for tho staTtling sun -
| siiCOO over his actual deposits wiz tho lAigcA
stretch Of charity allow rS " Suppose nm 70 laSe
The Reco,der-Well (shakng his head ead boxing
skeyticaD hssdy think that would,
Judge Focte-We see this defendant pesevenns
from july 1885, down to the discovery Of teI dstaes
tixs in presenting hese cLecls, when he bad no oo<
relponding deposits there. He repeats II. De doc:
il over and over again. lie doss It deliberately ana
until he succeeds in oyerdrswing bis dePoska IN the
pr.ye sur of sti Oe0 Can he have dono this through
mis,skef Never 1t is morally impossible. II thss.
maintain csse of false pretenses, and comes r1des
| the ses ton have cited. II Is manifest to al that
tte ~ usy was drawn by coluson bet ween Mott end
Brolherscn, and that was drawn BY fslse credit.
| given by Biotherscn in Motifs account. The counsel
sso referred to the Glst section Of the statute. un-
| der which he claimed The accused could be held.
| The Recorder-AMsy not the accused DO held f,r 9
conspiracy to forge, II the evidence Is sufh,Isot sui
Fsse entries BY Brothenon are forgeiies. Tho CouTt
here said be- would Ike to hear the defendAnts coun-
SCI on that point and requested Judge Eoote 10 sus-
| rcDd for moment. The Recorder retered to tea
18th section of the statute, under which lis uoaos
tSe, rrrson who with Inert desud shall make s
@ : s oatysd :;5 'os sS. sas s,:
SoS sss@qai S nsDdss a. ss to aS sn, -
dess with such oorposiioD BY wAeh any peeuni. oOs.
ton claim or credit sha be- ss puport TO b. dischsisA
dniphrd ucessed GRATED Ia any manner affected .hs
anon CONVICTION b. sdudsed guilty d forgery In tho t "
! gree
Mr.. Go Nun briefly oommensi on this ssctioa
claiming that the accused could not be held under IT,
because there pretense Of proof papeS
If the bank altered by Brothereon sltered viii
the intent to urnsh any evidence upon which TO found
| any legal claim against any person whatever. And
| Mr.. Ga Nun further cOptended that tho defendant
could not be held under the SD section, defining ths
crime Of false pretenses, because there was no owl
denee that the bank had sustained any oss at oil.
| The hour Of 81 o'clock had now arrived, whea the
parties 10 some half dozen came in and sSksd
the Recorder TO hear the ssues between them. He
Honor replied having labored stssdiy from 10 oc!ock
in the morning till this late hour in the afternoon hs
felt too much down to perform any more labor al
present. He thought he had done enough or day,
and the cases must 20 over till rext week.
| The argument ON tho motion for Motts disoh srus
was here closed and the Recorder said bo would rsn-
der bis decision it next Tuesday, at O'Clock y. u ,
and the case wss adjourned 10 that tims.