Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-10-14
BENEDIorIoN.
The Forgery OF Indiana state Bonds

The Forgery OF Indian state bonds.
The New York journal Of Commerce says at
the opening of the Court on Friday morning, the
following conversation in relation TO this Oc-
CURED between the District Attorney, A. 0AKEY
HALL, Esq and His Honor. Mr. Justice BAR
NARD:
Mr. Hall-Will your Honor allow me. before
proceeding with this case. to raise what may be
sometimes called a privilege question. even in
Courts of Justice. notice that the TribaBe of
this morning and the Express of last night in
publishing the opinion of your Honor il the Hal
lett case have not at all stated il correctly I'M
doubtedly Internationally, in respect to the sub
stance of your HOnors opinion. All cases are
alike to me. but it they are of so called public
moment, then. il the opinion Is worth publishing
il il worth publishing as the Judge read Il. There
fore | rise 10 call attention 70 that fact A. the
reading does only gross injustice To the opu-
ion OF your Honor, with which may not have
anything to do but very gross Injustice to the
prosecutions aud therefore call your Honor's at
tention to the matter and request any person in
terested to visit the Clerks office, where the opn-
ion is on file. 1t was regularly fled yesterday,
and if worthy examination at all, is worthy ex
animation diScreetly and not partially.
I he Court-Mr Hall, the length of time YOU
have known me in the city of New York must
be very good evidence that nothing could DO.
however good, howe worthy, however praise
worthy the motives might be, would be repre-
scented correctly. These reports have gone To
such an ex ent against me, so far as some news
papers are concerned, that | have ceased To read
them | was not aware thet ANYTHING was pub
shed till Mr.. VandervOOIf inf rmed me- don Z
know who did it, and ! c say, So far as an
concerned, do not care What they publish, right
or wrong Those who know me- if a charge ap
pears an the papers against me, will 90 To the
proper source Tor information, and find out its
truth or falsehood
Mr.. Hall-Your Honor must have misunder-
stood; perhaps have been somewhat obscure:
there Was nothing at all rejecting personally on
you. except rs 1t may he inferentally in respect
TO your HOnOrs learning as a LAWYER and Judge.
and on myself as IA lawyer, and that was all that
wrong IN the report OF the case didm't
suppose for moment there was the slightest in
tention of misstatiDg: but IA it read. it did very
great H. justice to your HOnor's judicial acquire
mentS, as judged by the exact opinion which you
did write, and such small modicum of law as |
may have displayed in the argument made
The Court had supposed that the articles
You alluded tn contained an attack on me in the
exercise of judicial discretion.
MI Hall-Oh. no. SIR
The Court-Stll have no occasion to with
draw the remarks: if they don't apply in this
case they will i'm some other.
The People DC. rs Samuel HallH The de-
fendtnt was indic Ell under that section OF our
statute which provides that every person =
who shall forge. &c, an instrument being or
purpOriing to be. the act of another" &c Ii
was conceded, on the argument of the motion to
quash that the word "anOther" meant another
person, and not Il State or corporation. But il
was urged that il was ohvated by the reviser's
insertion of a clause defining the word person. -
and declaring il. when used ia certain connections
to include this State, foreign States and Govern
ments, and all public and private corporations
In my jude ment that section applies solely to
Cases where the word person" l. used To desig
nate party whose property may lie subject
OF an Otiense. and does not reach this section
which relates to the act and not to the property
of person
The Legislature Of our State have. by express
statutes providing for instruments executed hy
this State or It's officers, aud bv public and phi
vate corrOrations, embracing all kinds of inStru
meuts, aud all manner of persons Ii. then, the
acts OF this State and public and private corpo
ratOns were included ia the sections 80 and A.
why did the lie -slature pass the Subsequent stat
uteg Ii my construction of the act be correct
then the class OF writings mentioned in the stat
utes the false making of which is disclosed to
he forgery. does not include the instruments set
forth IN the indictments. and in respect To which
the OtfenSe Is alleged. and a criminal complaint
can Dot be predicated upon them These linden
lures, then. fail to show that the defendant has
been guilty of lie crime with which he has heen
charged. Entert aiming these views. the motion
to qut>h the Indictment is granted. and the Clerk
OF this Court will enter an order to that effect.