The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-18


IN, Ale ged DcfAIcatton 4" the Fu,ton
HI uk-Cmse for the Prosecuttoa Closed.
CoCRr or OYER AND TEKMrNEs.
Before Hon Judge IogranaH.
Fip 1.-THE People Us. JOAN HcCae Tho prisoner
who indicted for the murder OF John Reeves by
stAbo,og him With knife In Grand street, permitted
70 withdraw bis plea aud plead guilty TO maussughter in
the frst degree, in consequence Of mitigating crcum
staEees
THE FULTON BANK CASE.
THIRD
7he People Us. ". j. Lane Jr.-Ths case was resumed
this morning
Thomas Monahan, examined for the prosecution, de-
posedI president Of the Fulton Bank in this city, aud
have boon 50 about six weeks; previous 70 thaI
directors the signature to the note produced is In
tho handwriting Of W. J. Lane; II was discount
I'd at our bank; the State Bank Of New York
collected or through tho Mechanics Bank Of Newark
sssnsfsrred to them BY the Newark Banking Company;
know OF entries Of collected the credit OF W. J.
Lare except those In the name Of A. Dean; certain
number OF discounted bills had not been credited
on Of the paper produced s in Lanes handwriting and
part IN mine; the prisoner madc out the paper and
rs Brady objected 70 tho reading OF the paper.
Tho direct examination suspended until the defence
had opportunity Of cross examining tho witness on this
point
Goes examined BY Mr.. Holmes-At the conversation
referred TO the direct examination the defendant Mr.
Grant Mr. Adams Nh. Field, Mr: Willis, Mr. s.ewart--a
dTecioFs-apd myself; don't think Mr.. Kernochaa was
present; was on the 2'st Of September; wish make
acorrection-Mr Grant know present, but not
tor room 10 the bank know Hays and King bank de-
teoves; Mr.. King in the bank at the time or tho
saon be was not 10 the ROOM Lane had been .. that
time In the custody Of Mr. King tho detective charge
Of forgery pending before Justice Osborne Mr. Lano had
bon arrested the day before do know how he
brought to the bank he was there that morning
when arrived he was brought there to make certain
rnens by direction Of MIR Grant, Of tho dire
be gave the directions 70 Mr. King the oiser; heard all
his arrest and your meeting him In the directors
nad you seen hmY A. saw him on the Goth, both be-
welos, Mr.. Stewart, Mr. Adams, Mr. Kernochau and my
self heard all the conversation that occasion.
Was any question propouhded TO bin by you or any
one else on the GOTH after his arrest, the tendency Of
which was calculated to elicit from INN resoect
ing tho affairs of the bankY A. There was sir by myself
and several others should say that Mr. then
the 9th September last MIR. Lane given into the
toby OF the officer; had an interview with Mr.. lane
Osborne.
O. On the morning Of the 2st September at the inter
view referred 10 in the Board Of Directors, anything
said TO the accused by you any else which
rageo tended to encourage disclosure by him as to
his account or books OF account kept by him in banks
Mr. O'Copor objected to the question; the witness
not TO be converted into sudge Of what tendency the
veJsaon had.
Tt question at the suggestion Of the Court was put in
this omWas any thirg said to induce the prisoner 10
make disclosures A. said something to induce him.
md you rot hear Mr. Grant say the prisoner the
directors room that they had officer In waiting TO take
him prison unless he Qane) should Disclose certain
matters Connected with the affairs of the bank when the
ra should make these sco
may be avoided,' or language Like thap A. heard no
such conversation.
O. On the orniug of the Goth did you not hear Mr. Will
liz that only chance Lane had OF saving himself from
prison *as by making full Confession or something like
thar thA
alton; think he repeated tho language have
used several times there were inducements hed out
by Mr. Willis in any form or shape.
Q. Was there any inducement held out by any on
the morning afternoon Of the Goth and the 2sts A.
morning Of tho GOTH read of from the foreign registry
end read them said civilian, these are forgeres
fictitious eDtfiesI have suspected this account aud
ing c entries had read 70 DO fictitious account since
July last; have been tracking up ever snce that ia
my Inc acement "a
@ la that ali you said by way Of inducsmenR A. All
To Mr. Brady Complaint dated 10Th september)-I was
with Mr. KernochsA when this complaint made Lane
prevent Lane going out Of the bank; he not left In
charge Of any one do not know that he had beeh in.
formed that the complaint was going to be made Q.
What 90 you mean by an informal arresS A. Justice
Osborne saying be would send officer down to the
banl consider Mr. Lane under informal arrest after
Mr. King. the officer cams do not know OF any direc-
lions being given TO Mr. Hayes the officer to arrest Mr..
Lane II he attempted TO leave the bank know that
Bay vas a. the bank on the 2ota; don't know that
hose entries on the morning OF the GOTH the conversation
abc the paper produced by the prosecution, occurred
Tor ebezzement produced and identified by the witness)
Mr. Holmes also produced mplant against Lane, made
before the Police Justice the ed Of September. These
were marked A and D.
Mr. Holmes then said that the defendants counsel sup
posed tina. sufficient had been shown in the conversation
10 prove that menace had been made 70 Lane 70 induce
him TO mako the disclosures.
Mr. ralmadge, on the samo side, submitted that the
statute prescribes ths course-whenever person is ar
reete Tor n m hrOu Ia
fore magistrate, and that the magistrate should FIRST
carlton him that he not bound to say anything TO
inmate himself Can be- then, that private individual
can without this caution, which the n,agstra com
PEELED TO give interrogae the accused and then attempt
tosve in evidences Mr. Tamadge read from Wharton,
where 1t says that confession cannot be used in evil
depce when made under pain, hope, fear
&r 0Conor commended for the admssibty Of the con.
fessoI Of the defendant lie cited the case Of Iarnes
Rodg in which the confession of the prisoner 10 10
lice who had him in custody, that he killed the
with pocket knife when drunk, was received. Objection
Was made, and the case was taken to the Court Of Ap
peas, which confirmed the ruling Of the Cour. below.
MI Baiy commended that the only question in the
morning Of the Goth September, VIM Lanes Jr con
Lection with the bank terminated, but Mr MonahAn
that he was never formally discharged. Mr.. Monanan
said on the morning Of the 10th OF september that he
been suspectng the accuracy OF his Usoe's) account
since July last and that he had been Cracking upn
snd that he should be sent to State prison He further
said that MI Monahap only said you should be gent
to State prison " and 'you shall be sent TO State pri-
son. hat that was holding out hope to the prisoner.
-
confession Of prisoner when under might be
ceved il given voluntarily, and here il did not appear
that sny Inducements held out The remark OF Mr.
Wills IN Itself would be nothing, bGt the surrounding
circumstances showed that the confession Of the prisoner
was not entirely voluntary as he was brought into the
direcgors room for purpose Declarations not
above in law, unless made to strangers officer
in whose charge the prisoner may be. There sucen,
IN The circumstances Of the case to warrant the exclusion
Of the confession
Adolphus N waldron depoeed he was Of the Arm
Of Wadrop I]sley Co up to 1859; mote No. o pro.
cuced) that made by our firm; know Of no other
note fcr that amount-S6ls 76-but this one we
made such note to Mr., A. B. Dean; know Of ouch
person.
Samuel s. sercnt had been clerk Of waidron Elsloy
and corrsborated their testimony
CHARLIE G. lockwood cashier Of the Newark Banking
Company, identified the note produced being received
al ha bank from the Fulton Bank, New York; no oor
roboratec the testimony Of the corresponding col
lecipg clerk Of the Newark Banking Company given yes
terday; les not know any such person as A. B Dean.
Mr.. Monaban recalled, and his direct examination
Resumed By Mr.. o'Conor Il had interview with tae
prisoner in the bank before the complaint made