New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-20

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ssc IL rel Dec he ssn Rs az. . 70 IL ss sse &
siy IN The bSsi should cleae dinsh disharre ssc.
peconay obligation and be cerknded that this entry did not
VIM J. Lsss IT, the entry Sesss made 70 essOIh credit 70
e and defendant wbSa ather alone became response
Mr. Bsdy eosloseS By submitting the following points for
r In this case the Jury may not legally presume the in
tni = deaud solely nm the false entry even they believe
ssnS The intsD Sesud must be proved to the ,ssss
ecn Of the jury
ss,s !, %S:' proved as laid In the Indictment vs' AN
FOUSA lS ealry alleged to be false not enc which,
dn heo increased OF IN manner sheSed peeoniAfy
sssss'R ssm OF credit nor did i PqrpoIt 70 Do sithes
sa5 did d not creAte discharge, diminish increase or N
s be = s 81 such .S As
hey must be satisfied on this point beyoad all reasonable SeSet
Sss the Jury believe that defendant Intended ~ the
ss to conceal Or cover up soe sSS 81 Sf sy nesns
sseh entry he csanos be convicted under she indEsn
se with the intent 70 seaod VIVA j. Lane, e bis mai
vaual capacity then the prisoner cannot Dc convicted ~
ISa fhee no evidence in this case that the Bsps vs'
way deiNud.d ~ the entry proved IN '' case VINO"
I lbs prsossT Is entitled to be s:sai.tsa eeessss the
sss aud ne pscOf hs, CoSld net have been o'ds u ''a
ns .ss n. statute under which the pdict neDt as found
se.s NO. ncluSe o. entry ssc q 10 o &c ~
ssa e :. s = as :: ss. sSs .ss W
E The ss s bs esps or LEAD 70 L. being ereuded
4, DEE this case within the statute under which the IN
ss@sSs - followed and In usion ,htynine in
tsseBts found against the prisoner deienoea 1nsn NJ nom
AERO nv ever Indictment until he obtained eonvcuon on
uTouorncse and the prisoner bis way to suffer that
ss.sBee should abandon the otbers lie submitted INC f
TO prove the existence Of Corporation Of the Fulton
Tn, Of the book BY that corporation in which the
a The entry By which the claim on the bank wa made and
r.. Oh entru xEik
he s0 proceeded that proof o. the % o.
& eOporsOn and Of the keeping o. se S mnS Of the en-
sy by the prisoner while every suos ndne ;,
Ron N Sis sess Jus: a. they throw stone a:
ss WISDOM B,Osaws hey wSHS Ssye %sSs ~ sst
he intended BY that act to breai the vindSw Mr. Rh
@ Holmes saSIaittsd The following additional point on behalf
ne have .uv reasonable doubt of the evidence
asy O1owns ased ACTS Ihst the ~
made The eny set forth in ,se nd sntp Of . SsssSeS
S.srsshed increased created pees"iarg ea
Ioyf tn frsud was perpetrased and ottsrDdrd,
vh view 10 cover up previous 81 T tS %
Judge 70 css ss Jury md ~ S mes plea.
ri md MANY cases came them which were decidedly
1 me xss css s and the jury
& they e their rympstbe. interfere with Jo re
Ms Juds then the Jury the statute under Weh tne
psner was indicted The Osense under that law The JqIy
a ssS s ESs 10 prove shs sssns Necessary
- .nss.n,;or % n,ose.
q i That the entry was made by the prisoner.
Tlssi in book Of kept by m0Deyea cor
Thst Il crested parported create In manner al
s Thai the intent was 70 dsheua the corporation
M SIooo.op WAS proved and thai in question was
the parties PgIPortns 70 Draw ~ ans sS bs
.sdersd Is so@, second concusop TIE aest ns 70
Ne considered matter q law were then toe HsItn Sao
% nAns false entry book seS q Ss Ssh5 r. Si uo the
rdge charged Jury yoably remaining that unless whs
G prisoner the entry he intended 10 defend ne could NO.
jy Who should Judge from all the surrounding csunsncss
Sss1 The s. ~s naSs S not S they would
the prisoner and gee rer: with regard 70 ns 1uGs
ss on or sc pscnnisry estry intends
- eetssd any person other than the osnf ~. men sbs
u. necessary for know whether Lane wa: or ~
lem 81 ss v1s so His Honor reIed who
referring prisoners confession, but 'H S1 iSanemsss
LTea then Il should excluded II freely and olontsIl
ssp the ' :9Go oo 'i into nc
Ped the saS0Pa fac. thai se !, note charge wss @ s6s
ssnded desuS hi. father and not the bank ne snooq
jy would al these cIcu@s.anoe. INTO cOns
and sSy ssd the sn1 pon
should scQpi. C,hsf~iss they would convict
That he act under which hst the Fulton Ban
ID residences shareholders shall be stated In the s
80 aso articles the names certain Trustees and Oh
thew respectively hold purpOrted 10 noa az
no. ,iyep A. appears by the following entry r f;. .
s.rhorss S.rstfore Clarkson and otheIs ir1eet Ny
vYoTl three hundred and thirty nine 1881 ~, ~.
Tsi the place OF residence Of Esoeh De 49, .; -,
Thompson attorney not sven % shares eeinf set o0
--es her name - -. Ar. sr,;.,ss are vaiS
sad the fulton Bank not in view Of law body OF an
vApsble Of being defTsuded st, ..,..s,,
The Jndgs said that It new question soen lne ~
which the other parts Of s chsrse ana Eeoe
ehsIEe the jury. ,...s.. IN hs,ng m
50 minutes with verdict Of Guilty
Mr. Holmes gave notice that the counsel oI the pione ~
eys for new trial snd M Sede sick gave notice tnai
Srsr,.tsv he nrosecuton would move foI Judgment
The CouTt then adjourned to Monday, At IL o'olocG