The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-15
The Bank Conspiracy Case.
COURT OF OYER AND TRIMMER.


JAN. 1.-THE People u Walter G. PaateSso1-fhs
prisoner who was arrested with Garadier and others
charge OF derraudng the Bank of Commerce out Of
S25 O0o was brought up for trial old indictment,
charging him with having forged the signature Of Simeon
Draper Collector Of this port to check for 81 000
District Attorney Hall appeared for the people, and
Charles Spencer and exJudge Stuart for the defend
Patterson is quite respectable looking man, sna
formerly held good position IN society.
Mr. Spencer moved that the trial be postponed the
ground that material witness was absent The alleged
forgery took place four years ago. and II was not TO b
supposed that the defence could DO ready such short
notice as given them by the District Attorney He
held an affidavit in his hand going TO show that the Do
fondant not ready for trial. on account Of tho alb
scnce of Collector Draper, who supposed TO be in
Savannah An associate counsel from Philadelphia was
also absent and this in itself should constitute SUM-
Gent reason why the trial OF the should be post
ponod-
Judge Barnard-You do not state In your a0idavits
what you ntond to prove by the attendance Of Mr. ORA
per He is witness for the prosecution, believe
Mr.. Spenccr-He ID q witness for US, too. l don't
think we arc obliged at this stage Of the disclose
the nature of our defence
Mr. Halfway please your Honor, am In position,
under tho rules of the court to ask what they intend TO
prove by Mr. Draper The indictment was found against
the prisoner in june 1891 Who's the case was called
for trial was found that tho defendant had fed from
the city and forfeited his bail He continued to absent
himself until recently, whom he arrested charge
of ing implicated in the Bank Of Commerce forgery
case which before the court yesterday He not
therefore, In position to ask favor from the Court
II the prosecution get along without Mr.. Draper
should think the defence could also.
Judge Barnard-In entertaining motion OF this Kind
the Court should take all the circumstances surrounding
the into consideration and there Is Circumstance
in this which should operate against the prisoner
have reference 10 the forfeiture Of his bail.
ExJuige Stuart-That circumstance should not b
taken into consideration
Judge Barnard-Te me privately, an individual
what you intend TO prove by Mr. Draper and the Court
will take no advantage Of the information.
Ex-Judge STUART always rcligiously believe what
my clients tell me. In this the defendant tells
that no show by Mr. Draper that the forged check in
question was executed by person other than the 40
cused also, that the defendant ard Mr. Draper
intimate terms at the time II the forgery; that Mr. ORA
per q warm friend Of tho defendant The perpetrs-
ton of forgery by the defendan. under such crcum-
stances IL highly improbable.
Judge Barnard-wel, fix day upon which you Win
DO ready. Can You be ready on this day weckS
Mr. stuart-Yea, provided Mr. Draper returns IRON
Savannah by that time.
Mr. Hsll-In tho meanwhile ask that the party In
this case be committed without bail.
ExJudge Stuart-We have objection. He will sooo
be acquitted
Mr.. Hall-Pcrhaps no may
The Court then adjourned for tho day