New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-24
THE PECNlx BANK DEFALCA-
| Tg0Ns.
The Chnsie Cerevicvc Discharged and
Brown Held for Triu.-Thc Dccision-
Purtiug scenes.

The investigation in the case of Geneveve
Lynes and Charles Brown, charged with being impli'
Gated with the Notorious jenkins in the PbGnlx Bank
robbery ended yesterday at the Jefferson Market 20
lice Court in the discharge Of Geneyeye and the
retention Of Brown Brewer, FOR trial.
The counsel for the accused were in Attendance, as
also few other individuals for whom the case had not
lost all interest Both the prisoners looked forward 10
discharge but the pes of Brown were b!a tei. BIS
TAR lmogene' being allowed 10 depart Ia penrc,
while be- Eas sent back to prison 10 ruminaie on the
past. speculate the future and chew the eud OF
sweet and bitter fancies"
TIE DECISION.
Justice Ledwth tai ing his scat on the bench
rendered the decision as follows:
The defendants. Lynes and Brown. we're arrested
pursuant 10 sections G % ard 6J Of article Of title 3
OF CHAPTER of the 4h part of the revised statutes end
are sought 10 be held more particularly undcr tho pro.
visions Of the 63d section which provides that every
person who shall by or in any way receive any money.
goods right action. any valuable socnfIty. or
effects whatever knowing the same to have been en-
be2led taken secrCted. contrary To the prov
Of the two last sections, shall. upon convection. be
punished in the same manner, and 10 the same extent
therein prescribed upon conviction FOR such EN-
beIzlemrIt
In order. therefore, TO warrant the holding OF the
defend mi. IL must be proved.
Frst Thatalarccny Of Gel tain specified property was
committed.
S-c,aGi That the identical property recovered
by the defendants, with knowledge Of the way and
L
whom received
The nrceDy ard receipt Of the property mus. he posi-
lively shOwn; wb.o the guilty knowledge may DO In.
ferred from all the surrounding facts and crcGm.
stances Before proceeding with Tie examination Of the
testimony my first duty is 10 dispose Of the motion OF
defendants counsel ~ strike from the record the ad.
missions and statements Of the prisoner jenkins made
In the absence If the prisoners Lynes and Brown and
never gssentcd TO cOncurred In by them" After IA
careful analysis OF the authorities presented
in support OF and against the motion. / am only
strengthened In the opinion, that such adm.s-
suns and statements aio non-adinissble and must
therefore be stricken from the record. While larceny
from the bank may be proven technically by the test
mOnY OF Parker. tue cashier, independent OF the admis
sons Of Jenkins am unable to form thorough er.
animation Of tho testimony 10 discover the s ghtest
evidence connecting the defendant Lynes with the
receipt Of the stolen property or showing knowledge
10y Ter Of the manner In which the prisoner jenkins oh
toincd the money given by him to hcr.
There are, however, some circumstance In the case
peity and guilty knowledge in reference the defend.
ant Brown. therefore discharge the prisoner Lynes
AMI hold the prisoner Brown for future action.
GESEvIEvE.
fenfviege al the time cred bitterly. Large tears
rolled down her flushed cheeks while her form swayed
70 and ino nnder the influence Of perhaps sorrow and
yemOrsc She evidently has not yet reached tho lowest
deep Of immornliy. aud however guilty her life may
become che probably never before arraignod ~
criminal IN Il cOui1 OF justice.
NOg1CE or Mr. sTUART.
Mr. Stuart gave notice that hc would apply for writ
Of evtorr, to have the proceedings reviewed by the
Supreme Court
DEPARTURE or GEHEvIEyE.
The keyf of her residence. No. l3y beoe aerst were
handed Ia Genevieve who immedIately Ien tho Aouf'
IN company with her friends.