The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-19

fIRSr DISTRICT folCk Cockr
OtronR ls.-The People rs. William j. Lase, yr-l
must confess that at the of the proceedings in this
case felt great embarrassment, arising from the fact
that the details Of the transactions in which the accused
had been engaged were sufficiently explicit 70 enable
either the counsel for the prosecution myself TO deter
mine what specific offence f amy had been committed
careful reading of the and Of the authorities APP
pcabe present case resulted In the conviction that
if Lane could be held at all, it must be under the 35h
section Of chapter part A. Of tho Revised Statutes
statement Of facts having been agreed upon by the re-
spccve counsel the only duty left for me to perform IS
to give that Interpretation the section which consider
conformable to the legislative intent That section Is IN
the following Words
Every person who with defraud shall make any
false entry shall falsely alter any entry made In book
any kept By any such coporaon
officers and delivered or intended BE- any
gallon, credit shall purpS be- dIssharg
third degree.
class Of books is referred to in tho law viz those
kept between the bank its officer and dealers with
connection with delivery or contemplated delivery, in
contradstncton to the preceding (3 section, In which
delivery intention to deliver mentioned, owing
doubt to the fact that the books referred TO " the
3ah section are the permanent and exclusive pro-
perry Of the State, and are not under any
the other hand, the counsel for the prosecution
argues that II is only the latter clause of the thirty NTH
section, commencing with the word s'or' that refers to
books passing bet the bank and to Dealers and that
the first clause has relation TO such books de-
vercd, or intended to be delivered. This seems to me
strained construction OF the statute the evident intention
OF the Legislature being (as concevc) to protect the
public dealers with moneyed corporations in this State
look upon the repetition Of the words "books Of
account, &c" as in fact surplusage connected with
the new words cor its officers" which in any
view were unnecessary, as books kept by officers of
bank as such are in judgment of law kept by the
bank have been referred by counsel for the prosecution
to the revsers note section 49, which follows
The entries specified in that section are not
of another they have signatures these offences
therefore rest upon the common law. II is conceived
that the extension proposed very necessary. well
guard the public, those institutions which
PEELED To trust so much to their subordinates These
revisers notes are sometimes relied on in constru-
ing statutes; but il does not follow that che sense
in which they understood law is that adopted
by the Legislature, which the language warrants.
lection to the banks as against their subordnates,
as well as protection to the public. But the ''any
person. mentioned in the section would apply to sran-
ger well a clerk. And understand the revsers to
that by making ii crime TO alter any book issued
by bank the latter would be protected against fraud
by dealer who might for example, falsely increase the
amount Of deposit in his pass book, enter sum
deposited. The revisers are to my mind, clearly
mistaken if they meant to say that such entries were
the subject OF forgery at common law (See Wharton s
Criminal Law, 4th ed, sec 1861 Ordinarily, the in
strument forged must in some way have been uttered in
order to complete the offence Archbods Treatise vol g.
p 547) And this writer defines this to mean "to offer,
utter dispose of, put of sd volume, 9th ed, 536).
Inc forgery AT common consisted oil some Wrltlng,
and the forged instrument was 10 be at least IN the pos
session OF the iorger and used by him. retained with
the intent to it, And il to resemble in way
avertabe writing, be alteration of (3d Green
G. Of En- 1859 and the imitation or alteration must
have been capable of deceivng using ordinary
observation False entries fraudulent alterations Of
records securities, without respect utterng ma-
ton, made by series of English statutes
of which list will be found in Archibald, at pages 3OS
10 BIZ Amongst the instances forging entry, &c,
in the books Of the Bank OF England South Sea COmpa
ny do consider that the Legislature have made
forgery to make false entry falsely to alter entry
made in book of bank kept within its place Of bust
ness and never delivered intended to be delivered.
And it be deemed remarkable that such provision
should have been omitted the surprise is just great In
reference to merchants and large banking houses
companies to none Of which could the 35h section posi-
| bly, apply.
In conclusion from the Interpretation have deemed II
duty to give to the 35th section after patient hear
ing of the able and lucid exposition of the law by OF
the most learned and experienced members of the bar
feel compelled declare that although prisoner has
uDquesonably committed gross moral fraud, do not
perceive that he has made himself amenable criminal
| prosecution, and must therefore discharge him from
| custody B. W. OSBORN, Police Justice
NEW YORK, Oct II, 1859
AS soon as the decision announced. Mr.. Burril
the counsel for the bank stated that complaint false
preence would be preferred against the accused aud that
Mr. kernochan the President present with adayits
which formed the basis of the second complaint.
Mr. Holmes counsel for the prisoner, thought il was
hardly fair for the counsel the other
suit for false pretences when he had promised abide
/ by the issue in the forgery complaint
Mr.. Burril, in reply intmated that such promise
had ever been made. He there see after the in.
terests OF the bank, and was pursuing which, 10
his opinion was most advisable for the ends of justice
The aiidavs IN the false preence complaint then
handed over to the magistrate and the discussion was
| dropped.
decision in the complaint will be given in a few
| days
L