Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-10-04

CHARex OF FALSE PRErxscKs trial of
the above charge against Ludim A. Bargie. for
Bargy) Of obtaining money under false pretences,
was had before Justice Dom yesterday afterno on
occupying the sitting magistrate and those en-
gagged until 2 O'Clock, p m. when the arguments
Of counsel not being concluded. the case was con-
tinued until this morning at 10 o'clock
w our report closed YESTERDAY, Mr. Caring
ton Tor Government, had entered a demurrer and
replication to plea by Mr.. Giberson for defence,
that the case had been once decided~that trial
had been gone into before two ma oistratcs of the
whole matter-and that 1t had been formally dis
missed ,NN-N'' ~
Mr.. Darlington contended that this was differ
ent case from that already referred to- 1t was a
Similar offence committed at another time and
FORMED no part of the issue tried before though
~ haa Deen before the magistrates evidence at
Mr. Giberson then put in the warrant contain.
ing the original charge against Barrie which
haa been dismissed by Justice Harvey.
a. WI. CdliinSton Justice Goddard dissenting
tnougn; ana 1t must be remembered that Justice
harvey Is not an acting mag istrate.
MI; Magruder, for defence. desired to know IL
MI: Darlington was here on the part of the Gov
eminent, regularly employed by the Government,
or as the counsel Of the prosecuting witness, Mr.
Chambers. -
MI. Darlington replied that he declined answer.
ing tne lhterrogatory, as it was irrelevant, and i'm
pertinent to the issue. s.-
The prosecuting witnesses were then sworn,
when Mr. Magruder, for defence, admitted the
signature to the paper-i. e., the draft-and also
admitted the whole transaction
MIR. Chambers then went on to state the circum-
stances under which he had been induced to sign
the draft, his evidence in this case not varying
from that given by him at the previous trial, and
which has already been published.
Mr.. Darlington desired to offer in evidence the
smaller draft fer S32. part of the whole trans
action ~ - ia.
Mr.. Magruder for defence objected that the
subject Of the smaller draft had been considered
and decided upon by magistrate before whom
the case had been Investigated, and that Ii had
been dismissed and formed no part of this trans
action
Mr.. Carr ngton did not offer the paper in any
other form than explanatory Of the pending issue;
not as a part of It, IL was pregnant part of the
case, tending to show fraudulent intent on the
part Of Bargy.
The magistrate decided in this latter view the
evidence being on the smaller draft, might be
received.
M Chambers then went on to testify as 10 the
circumstances attending his endorsement Of the
draft as before published in the Star.
The magistrate also decided that the protests ac-
comPaanying the drafts, were evidence also to be
Mr.. Chambers testified that he had known Bargy
about a year; had not known him very well; mad
felt friendly towards him, and had supposed
Bargy friendly to him (Chambers); Bargy had IN
friendly way interested himself to get witness a
contract from the governments; witness when he
received notice of the protests, had payment put
y,
attend to II; Bargy expressed his regret that the
drafts had been protested, and said that witness
should not lose anything by him; when witness
s sgnea MS name TO the papers, he had no idea
that he was endorsing drafts had no idea that by
signing the papers he became responsible for their
payment; Bargy gave witness to understand that
signing the papers entailed no responsibility on
him (witness), but simply to enable him to re-
ceive the money when 1t should be RENTED from
New Orleans; witness is aged about 20 wears: has
otten MS note OF promise to pay; may not be a man
OF general Intelligence in regard to some matters,
but II seems was profoundly Ignorant in respect to
this matter.
Mr.. Robert Moro,c testified that Bargy called on
him and asked him to cash he small draft; wit
well he had got another party to cash the other
one, (Which witness had previously refused to
CASH. and produced a paper from his pocket
which he said was letter from Mclean acknowl-
edging that he owed Bargy the money; after some
conversation witness cashed the draft, Chambers
being represented by Bargy as a responsible gen
temen in the foundry business on the Island,
either Four-and-a-half or Seventh street
[Mr Chambers being INTERCEPTED here replied
that he never was in the foundry business
The witness proceeding said On the draft being
protested witness waited on Mr. Chambers througR
an agent, (Mr. Knowles and Mr.. C. paid it: wit
ness had cashed drafts for Mr. Bargy several times
previously but this the irst transaction with
this Mr.. Mclean that witness had ever had any
thing to do with; when Chambers paid the draft
he said TO witness that he thought very hard that
Bargy should have treated him So and said he
thought 1t was a case of false pretences
Mr.. JHo. III. Strider testified in relation to the
draft cashed by him that Bargy admitted If any
thing should be wrong about the paper that ii
would be obtaining money under false pretences;
he also stated to witness that if the worst should
come to the worst he could get his mother to
come forward and release him; he tsld witness he
had authority from Mr.. Mclean to make the draft:
witness, on finding the draft protested, visited
Bargy In Virginia, and Bargy showed witness a
letter from Mclean which witness read, but ii
contained no authority for Bargy to draw on him
for money.
Young B. Chambers testified that the large oraf,
was drawn In his presence by Bargy; and viii Z
drawing it, he informed witness's father that a
man In New Orleans owed him money, and
showed a letter from Mclean as his authority; and
when he asked Witness father to sign the paper
he informed him that he incurred respOns bill
~ by so doing This was at i've minutes past 3
p. m. Pretending to have business with Riggs &
Co. bankers, Bargy then went away. After the
draft came back protested ii presented to wit
ness's father for payment, and he was very much
astonished to hear that he made liable for the
payment. After the notice Of the protest had been
served Bargy came and said il wouId be- neces-
sary for winess's father to sign a third draft for
Sl2O, which he proceeded to draw up, and which
was duly signed, Bargy saying that it all related
to the same transaction, and was TO be executed to
give him time the original draft for the same
amount. Bargy said they had no right to come on
witnesses father for the payment This thi rd draf
witness and his father obtained back from Bargy,
during a visit by them To Bargy at his place In
Virginia. Bargy, in obtaining the signature to
the third draft, reiterated that no responsibility
had been would ensue from tue act Of signing
The evidence for the United States closed here,
and MIR. Magruder, for defence, called
Mr.. Thomas, who stated that he knew Mr.
Mclean, who had engaged witness to edit the
Southern Statesman, at Portsmouth, Va, and did
not pay him; witness edited the paper here i'm
Washington some one or two weeks, and then
Barry went down there and succeeded witness as
its ed tor
This evidence was offered to show that there is
such man as Mclean. .r r..
EiLbeeh Mason testified that he was present when
Bargy and the elder Chambers arranged about the
signing Of the drafts; saw Chambers sign one OF
the drafts, but heard no conversation between
them in relation to the matter; Bargy had preyi-
ously told witness that he was going to Chambers
To get some drafts signed. ..-H o.
Mr.. Chas G.. Bacon testified that he knows w
F. Mclean, and thinks he lives in New Orleans;
witness was here shown letter, which be said
was in McLeans handwriting, and that the sig
nature was in Mclean Is writing.
Mr. Blagruder here stated that the letter inques-
ton was not the letter exhibited by Bargy TO
Chambers, and he was authorized by Bargy to say
that he had searched diligently among his papers
for that letter, but was unable TO find 1t. The
evidence of the present letter simply given TO
show that there was a w. y. Mclean and that he
lives In lew Orleans, as this letter indicates.