The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-24
THE PHENIX BANK DEFALCAYION.
Decision in the Case Of Genevieve Lyons and
Charles Brown.
The Girl Released and Brown Held for
Future Action.
&c kc &c

After repeated posponements the criminal proceed
ings against Genevieve Lyons and Charles Brown were
brought to close yesterday the Jefferson Market Po
lice Court.
The prisoners ushered in by officer Mccarthy, and
took seats at the extremity of the The girl was
apparently quite downhearted and kept her eyes fixed
on the floor with sad persistence. Her frend, placed
beside her. stared vacanly at the reporters and
bage but was not in melancholy mood his frail
companion. They did not with each other
and fact until shortly before their departure from the
court they behaved perfect strangers instead of tho
partners in guilt whom fanciful reporters represented
them to be-
Shortly before two O'Clock Justice Ledwith appeared
in court and the counsel for the defence and prosecu
ton being present. the magistrate proceeded to read his
decision
DECISION OF JUSTICE LEDwITH
The defendants, Lyons and Brown, arrested pur-
suant sections o. 90 and 90 Of article of title Of
chapter of the fourth part Of the Revised Statutes and
sought to be held particularly under the pro-
every person who shall bdy or II any way receive any
money goods right in action, or any valuable security
or effects whatever knowing the same to have been en-
bezzed taken secreted contrary to the provisions of
the two last sections SHALL upon conviction be punished
in the and TO the same extent ns therein
presented upon conviction OF servant for
such embezzlement In order therefore, TO warrant
the holdngof the defendants 1t must be proven that
larceny of certain specified property was committed that
the identical property was received by the defendants
with knowledge Of the way and manner by which u
obtained by the party Of whom was received The
larceny and receipt Of tho property must be positively
shown while the guilty knowledge may be inferred from
all the surrounding facts and circumstances Upon pro
ceedng with the examination OF the testimony my first
duty is TO dispose of the motion OF defendants counsel
o strike the records the admissions and statements
of the prisoner jenkins made In the absence OF the pr
Lyons and Brown and never asscned TO or con-
erred In by them" After careful analysis Of the au
thortes presented in support Of and against the notion
am only strengthened in the opinion that such adins
sions and statements nadmissble, and must there
fore be stricken from the record While larceny from
the bank may proven technically by the testimony OF
Parker the cashier, Independent OF the admissions OF
Jenkins, am unable from thorough examination OF
the testimony discover the slightest evidence connect
ing the defendant Lyons with the receipt of the
stolen property, showing knowledge by
her Of the in which the prisoner
Jenkins obtained the money given by him to
case which do warrant the conclusion as 10
completely and guilty knowledge in reference TO the de-
fendant Brown /, therefore, discharge the prisoner
Lyons and hold the prisoner Brown for future action
On the rendering Of this decision Geneveve burst in
tears and sobbed for several minutes On her recov
erng her possession she exchanged few words with
Brown and then rose and left the court room. Pre-
vous 10 her departure she obtained the keys of heI
former residence in Blocker street. which had been
quitting the city aud resting VIZ friends IN Massa
4 chusetts.
Ex-Judge Stuart said he would move for writ o.
certedri to have the ,edngs reversed by the Su
preme Court and thus obtain the discharge of Brown
| who taken 10 the Tombs and committed for trial