The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-14
THE ALLEGED MOCK AUCTION FRAUDS.
Court OF Oyer and Terniner.
Before Judge q. G Barnard

Is accused OF dcraudng lady out Il 81 900 alleged
mock auction In this city, resumed Yesterday
Mr. Holmes subtnitied the pnrt OF the defendant
thai there no question OF Cor the jury pass
upon, and The matter resolved Itself purely into ques
ton Of law. No matter what might BE- the msra guilt
Of the accused he had brought Himself within the
law. Counsel conentci that there nothing go
| the Jury.
hr. spencer followed the same ride, and urged
that the indictment coad not stand Il that Mr.
Durham had got from the lady United states Treasury
note for 81 600 while the lady herself said wa- a
ton There was no proof 81 Improper or r,,ces nv he
defendant The giving Of She $1,000 bond 70 Mr. Burn
ham implied loan merely, not a fraud
Mr. A. q. Hail. on the part OF the pros scution, SAID
that this criminal fungus OF mock auctions seemed 10 be-
OF mock auctions created by statute IL sufficient
the definition OF the statute TO the jury and ask
them TO whether the fagu IN the ease came up TO
that definition "A he undersood the facts they proved
only that there larceny but mock auction
II Ave hundred dollar NOE that necessary To
pay for the goods the lady bought and that wa the ony
note spoken OF up the time that she asked him TO go
home with her to pay him what was due II was at the
complainant house Burnham picked up one thousand
dollar bill and asked for H. The other side could not get
over that fact The jury wero Judges OF the aw a.
Court 10 hold tina, the defendant was aeiuntcd
by the dnimr furdndf was question OF
fraudulent intent, and The Inry We're 70 decide
described in humorous terms the mock austons
which he said had been carried on by Mr. Peter Funk
IN this city Funk used 10 set up Tor sale watch or
knife and take the deposit, but when the purchaser
10 settle the matter he would be told that u he aid
moi ga, h,cL fr,ct,on M The de,osit The defendant In
this matter had, through his counsel down on his
knees and asked for pardon stating that he guilty
he should be sued not ia this court before a CIVIL
tribunal Sometimes, in the courSc a his professional
duty he had To regret that gentcmon would conduct
thensoves as 10 merit punishment In tho state Prison
but he trusted that the jury II they believed the case
made the prosecution would not hesitate 10 send
a gentleman to the State Prison
Mr. Spencer replied stating that the reason so many
oc an,ons vrerc carred on In The civ was bcae OF
u vel gQ md
tute
Tbe co,r, st,,es that n, this ace of tho ene IL would
n. imnronc, 90 xi,bars " the case from The u,y
M sn,nce, then adaresse the irv ON the whole case
70, ~ gSn H. oo,snacd thai he matter shaved
The mere completon OF loan and not fraud lie said
thai Mr. Burnham was A wealthy man, who carried on a
large express business. lie employed several mecbsn
les and conducted his calling IN manner
Ne I'm. rrgn,rIy licensed auetoneer M. Mr. -pen
Ger Theory OF the case WA that the lady ghi the
f,nnr. n, order 10 a.. I'M b.r In bpns.t ucp
In !. Prov And aer she gaye the bond se got the bin
fs 40 400 the amount a. The Articles she hal pnrcha
Rctrern business men that ought % settle toe matter
ancc n Inrnham WINS found guilty no would b. con
ycted not upon facts but upon general yrno pies
ina, ,be ,eopl. might be able 10 asrcrtan that gentle
man had been cent 10 tho STATE Prison
... -. -. ,.,.,,,..
EV,ptSch fon nv phr'ror.
william clarke, mohay ofossI, CIV c1p''I'e ~ W
the d'nerenc. between eh'ea SA'os ie~""'y hes anu
seven ursy pon", .or, ..s .,,u,n.a \ ha,. h..,
spflng suotn snp ,''na 80 h.,o ~ IN,
ok'keepcr W MT b"rhhsm Iof ,nf's ys~s W. IN nv
onse on Tue -s.h os sspsm va PIN. 80 ls
OF business a. Dookkeeper ~ hs NJ ,Nsy 49,, 49,,
mentioned IN th" bii Wa purchased ny ,nr smP'anan'
or her dnngh'eri she got prn,sa os,Ansns 20, 's
made injuries and Hs,d she was going 20 give her
daughter some furniture that she had ordered SOM In
T,ov hui xoo,d the order A. s aid sbe
unirstood she could get goods cheaper ia New York
thar IN Troy nsrt day she came aud bought the goods
he anciiopeer was Mr. Burnham when N. comp
had rurcha- ed betwcen 800 and flOo worth NJ Burn
ham told her tina, Il was usual o. make deposit she
raw. $50 deposit: subsequently, whan the ady had
bought b the extent Of o. 100 said 10 Mr. Durham
This lady has bought tS@ sorni You h.d
peuet ket sotns NOR, u'P"ee NJ pu," ,u '
sue 'a'y 70 ~ ~ ~, % az. ~, a. 20, -
Sh,es bona IV' Nvp, VIZ o." ~ 49,"
nhHds "u' W ~ '.'" ~ Dn, ,i., 80 49,.
~ MN ue rsme uA' :" .H' ". 10y
thai she did not ant Tnnth iufuiiufu-thd 20" NhH