The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-30
The Charge OF swsndISpg Emigrants by
Means OF Bogus Tfckets-lm portant
Charge OF Judge rngvsham In Reia-
ton to Ticket SWtnaltDu.
COURT OF OYER AND TERAINER,
naeore vyc, J.y~. Ycc-.l,,~


ton to Ticket SwtndlfDg.
COURT OF OYER AND TERaINER.
Before Hen. Judge Ingraham
JAN. 2s.--Tne People as. Ffank r. FbuIv.--Ths sAse
resumed By the DEFENDANTS calling their witnesses
Charles Nichols deposed ha, he is passenger general
agent at 70 Greenwich street, and has been for eigh.
years. knows Mr. Fowiers place Of business Fowler has
been engaged in the business about year. Mr. Fowler
has sent tickets like the oae produced my Office
When tickets Ike this come to your Office, sened by Mr.
Fowler, what do You do with them? Are they or are
they not good for passage TO the places which rerre
scented on the face OF the cets Objected to and ruled
CUT Q When such paper as this is issued, do you
know for what purpose II Ia issueog A. No. Q
When such papers this are issued, do you know
what IS done Wis, wish them A They are, exchanged
papers Ike this issued by Mr. Fowler we're exchangedY
A. Yes; Mr. Fowler gotta % commission on s35 sell
they must be signed by Mr. sherman. O. II there were
any mistake in the certificate presented to you In the
name Of steamer whether they would regard the name Of
the steamer as anything not would they be sent BY
the first steamer that gong9 Collected TO- and ruled
OUT If Mr. Fowler had this certificate you would
You have given ticket Tor PASSAGE? A. Mr. Gilbert al
came with the party and would explain the mis-
take in the name there was any, and then would send
:he passenger BY the next steamer 4 he liked it
BY the Court a passenger had come to you with
This certificate, without Mr. Gilbert Mr. Fowler, would
you have given ticket for III A. knew II was Mr..
Cross examined By the District Attorney If Heine had
brought that ticket to you would You have given him
don't know OF any case in which have gyen passaSe
Cd Mr.. Fowers ticket without the money.
William Robinson, hotel keeper, knows Mr.. Fowler TO
be two or three years in the general passenger business
California; Liverpool, &c have frequently tickets
ike this produced. possession Of passengers stopping
at my hotel Have you been with those persons with
tickets similar to tbs down at Fowers stace, Objected
TO. Objection withdrawn A. Whenever they
present good tickets were given for them have known
X
Cross exanined-Kept hotel in Greenwich street for
SIX years, do not keep cmgraDt boarding house, have
had good number OF boar ders r0sG Tor Europe think
have bad dozen German boarders think several Ger
mans have taken nckets from Fowlers ONCE; have been
purpose of getting iheir tickets cxchaDged have never
known ticket Issued by j. Fowler TO DC bogus Fowler
has given genuine tickets Oh several lines Of s.eames
never knew him to give any other a tissn -s9 1853
Redirect. Toe fare ON The Hamburger and Bremen line
of steamsrsis the came -,s.,g s.
Corpse! having summed up on bath sides, the Judge
proceeded 10 charge the iary as joliows:-- ~ 70
T1ts JUDGES cuARGK .e I.
oin gentlemen with the counsel for the defence when
like prejudice either against the prsoner any body
nected with the business in which he has been engaged
subject a YOU have testified that you nave mo ssa
but further than that and counsel you against suffer
ing wha, yoo have heard upon te subject Of these ticket
frauds 10 influence your judgment u. MI in the disposition
Of this Enceavor II possible, aud you can do it, 10
lay aside from your MINDS the fact tina. YOU
have ever heard Of suoh thing, aud try this
case on the evidence presented, and on that alone
No jury il their verdict ends in The conviction OF the per
accused do any good to the community, when they
other feeling which arises from the conviction that their
MINDS tassed upon tho evidence presented. there
fore unite with The counsel in urging apon you that you
shall dispose Of this IN that way The defendant here
is injected with anoiber man Guber who was bis clerk
for obtaining fron Christian Heine money upon false pre-
tepce. The alleged false preencc in the Indictment is
that they represented to Hcine that certain paper which
they gave him was genuine ticket for passage
to Bremen; Now tins pIetence must be proved,
M in In
a conviction Of the defendant ! mean to lay
aside entirely grea, portion OF the argnmenof the coun
eddy right on bis part TO presents to the objections that
he bas taken, but which IL my Judgment are not neces
to the disposition Of this case mean 80 much has
been SAID which relates TO the contents OF this paper, and
the effect Of in making out false pretence AS to the
paper Itself, do not think is sufficient to constitute the
offence and therefore, 30 far es the argument for the
SehteHep, waet You 10 unders.and ta.s; THIS case
rested ufon 'nal aohs Woao not DC sncent 70 warrant
take tie other statements in the indictment, upon which
viii make few remarks 1t alleges that parties, Intend
ing 70 oeraad Heae fasey pretended to him that Ger
him to passage from this port 70 Bremen and that upon
that presenee, which was relied upon BY Hene they ob
taued from him $685. and defrauded him Of IT, Now, it is
not necessary in making out preence that words should
be usea to that elect The pretenoe may be gathered
from the facts as well as from The words Gentlemen
The history Of this transaction Is very clear and very
shoft one Eeine arrived IN this city and is taken by
runner or 9ocbooy else to the office Of the defendant
10 that Office there were two personsthe clerk and the
defendant now upon trial. The person who took him
there informed them in the English language that Heiue
wanted to go 10 Bremen. The clerk then asked him in
German where he wasgong, and he told him to Bremen
lie asked the pise Of ticket and he was told that
$50 he objected to the amount as too high They told
him that was ce least they could sell for, and they then
wrote his piece OF paper, now produced in evidence,
hled up With his lame, took The s35 from him. handed
the paper, and then told him "n all right for ticket
to Bremen" That is The history OF thls transaction. 1t
mmateria what that paper contained so far regards
the offence, 4 It was not ticket 70 Bremen. do not
pow refer TO the rules OF law but merely TO the facts.
from tho whole OF that statement you come to the concu
son tia; the defendant knew that the applicant wanted
ticket 10 Bremen and bis object was 10 purchase it, and
knowing that gave him this paper for ticket to Bremen
iakng from him Tho money FOR H. aud telling him il
all right for that purpose, then the facts of this are
mace out There Is no doubt about the payment Of the
money and That The money was taken by Fowler. Now,
Tor what MAS II taken What was the object OF Heiucs
Pay Is ~ The evidence on the part Of the prosecution
SHOWS mai hs was not ticket such as understood by