The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-01-11
THE BANK OF COMMERCE FORGERY CAST
Conviction and Sentence Of Ira Gar "a.
COURT or OYER AND rERhIEsR.
Before Judge Barnard

uenv.esson and Sentence Of Ira Gar No..
COURT or OYER AND rKRniHsR.
Before Judge Barnard
JAN IO-TAs People IRA Gavodsv -
mis- cause commenced to-day, 10 q ,
hrse number Of spectators. The pr 10,
I'VE thousand dollars worth Of 'A. s 49,. 49,.
-. ;nnoa -, Richard n Iatr Aeok parporsins 70 nave
's0i eeAeN - scp OF the Arm Of Lathrop,
Ladington Co
District Attorney Hall :. -. a.. - D.. =. .
S''p'e' psemser last the prisoner, who
-.,'l = s,ar,,nn AW. Weed, engaged boy named
"'"''"' " take letter 70 the Bank OF Com
90 une 81 Van, the cashier, asking upon what
sSrt,es Could b. % thousand dollars worth of
N tbe note Srurohased The boy receiv cd answer
sowing s,ang terms Ss and on r. the fol- y;
,sc,s - raphces with pockesbook and letter di.
~oTrsa sso cashier This letter contained what pur
~ ~ be a check the Mechanics Bank for $25, OOO
aW' by Richard II lathrop, OF the Arm Of Lathrop
Law ytor Co. end appeared to he properly stamped and
sedshe boy s25 600 worth Of nthrty bonds, and
ne lad then started to meet Weed who supposed to
Ne stATpng at the Park Hotel On his way up Nassau
sreet Mclaughlin by of Weed accomplices
Aacd o Bren who took the package Of bonds from him
and told him that Mr. Weed was waiting Tor MIN nj the
Aosei This check proved to he forgery description
OF tho parties having been furnished TO the police the
sauently by Mclaughlin and committed for trial
EVIDENCE FOR THE PROSECUTION
Mclaughlin who being Sworn, testified as follcws:-I
am seventeen years of age have been clerk IN the
real estate business Twas out OF situation IN Sertem
Der last and on the DIST month the prisoner
the Park Hotel; he sitting chair outside OF
Me building ne asked me y would take e',ea LOT
Tor an answer; Mr. Vail gave me the answer, when
tcok hack 20 the prisoner at the corner OF Nassau ana
Beekran streets he then told TO call again the next
day he about 10 open place OF business down town.
sndWoald give me situation; the prisoner gave me
twensy five cents for my trouble and told me 10 call
the TEXT day; ] called the following day between
twelve and O'Clock, but did not see the prisoner;
did not him for month afterwards, when
Ew him at police headquarters; the second day
pTeared at the Park Hotel ! met a strange man
ma ned o'Br,rn, who asked if was the boy Mr.
Weed had hired; l said Dyes when he gave
lstter take TO La,hrop, Ludngton Co; there was
n answer TO this note and l returned the hotel,
md sent 10 the Bank OF Commerce with etter;
waited for an answer and was given package,
sIhich large to put in the pocketbook given
.sne for the purposes when near the corner Of John
and Nassau streets my return TO the hotel was met
by o'Brien he took the package from me- and said
Mr. Weed lthe prsoner was waiting for me at tho
Park Hotel; went there, but did not find him; told
NO one OF my appointment with him except my
mother.
The esexamnaton OF the witness revealed nothing
Samuel G Moore deposed that he was clerk in the
Bank of Commerce; first the boy Mclaughlin on the
11st OF September last he came into the bank and
handed note to Mr.. VAIL the cashier, who opened 1t
and handed It TO me TO answer answered the note and
directed it TO H. W. Weed; the next day the boy re-
turned with another note, which signed by Weed
this contained check the Mechanics Bank the
check identified and produced in evidence, upon re-
thirty bonds of 81 900 EACH and handed them TO the
boy, who went away
testified that the check spurious Messrs Lathrop,
Ludngon y Co. not having any account in the bank
William Faxon one OF the firm OF LAthrop, Ludington
Co. deposed that the signature of Richard D. Lathrop
70 the check in question a forgery.
Aed that the boy Mclaughlin handed him Weeds note
the 2st of September last and that he handed 70
The case for the prosecution here rested
THE DEFENCE
ExJudge Stuart for the defence, moved for the dis,
evidence did not sustain the indictment
Judge Barnard denied the motion
Ex-Judge Stuart then moved for the discharge
Of the prisoner on the ground that there
variance between the indictment and the proof The
indictment charged the prisoner with being principal
whlo the evidence showed that he was only an acces
sory
Joseph Eustace then examined for the defence;
but his testimony was unmportant
Ex-Judge Stuart said he would take upon himself the
Sosponsbity calling the stand George Conklin tho
confederate Of the gang who had turned States evidence
srotested against the examination Of this witness who
was a self convicted thief whom nobody would believe
ssned In tho Hose Of Detention az Witness: was
witness the Bank of Commerce forgercs before the
police magistrate have seen this check before when It
was made made at Collins Hotel In Canal street.
there when 1t was made; suppose WAS interest
Cd In the object for which It was made; Ira Gsradier
alias Weed, present when II made; did not
him, did know that he was in the city Of New
York on the day IL was made.
avenue Patterson and Spencer Pettus present.
Afterwards met at 81 Liberty street. from there the pris
and myself went up Nassau street 10 the Park Ho
eel where the prisoner letter TO the boy McLaugh
Nm; do not remember seeing him again that day the
next day TO Nassau street, near Beekman; the
letter Mr.. Vail written at Braisteds in Fourth
avenue; Garadier was present at the time.
Redirect INSTRUMENTATION did not write the let
ter; Spencer Pettus wrote IL
BY the Court do not know where the stamp Of the
bank certhcation was procured FROM this matter was
talked In my presence before.
The defence here rested and the counsel for the pris
again renewed the motion discharge the prisoner
the ground of variance between the indictment and
the proof The motion denied by the Court, how
ever and the went TO the jury, who, after due
daiiberation rendered verdict OF guilty, with recon-
mendation 10 the mercy Of the Court
The District Attorney then moved for judgment
Ex-Judge Stuart hoped that stay Of proceedings
would be II the intention Of the counsel TO
apply for trial, and he hoped the prisoner would
not be sent 10 Sing Sing until the matter was decided by
The General Term.
Judge Barnard remarked that he would have to comply
with the request of the District Attorney, and at once
proceeded 10 the prisoner The sentence OF the
Court that the prisoner be confined in the State