The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-11

Before any witnesses examined Ex-Governor
Lowe, the part Of defence, referred 10 vol 3D. Bar
bour's Supreme Court Reports, where Judge Ingraham
had In similar asserted that the question 70 be
determined was whether the party who takes the note
in the usual of business and gives value for ID
bound also to mako inquiry as to the validity Of such
note, when due diligence would have Informed him
as to the defect in tho title. From a similar
case In English Equity Reports IL was held that
the title OF person to note was the same as to check
or coupon received in good faith and for value could
not be mpeached for negligence In that case the Judge
had said, "Gross ggence may be evidence OF mai.
6dence, but not the thing and no adds, Where
faith In him. then there Is no objection to his title
This argument he considered conclusive one. for II
there objection to that mans title in law 70
those coupons there could be ground for a criminal
charge He cited also the case OF ST. Paul. before JUS
ce Jarvis IN London where 600 note on the Bank
Co., and received In 1854 by Mr. St Paul at his Office
money changer In Paris. The notice had boon led
In his office, but he did not examine IT, He was
tanned and his note received by tho Bank OF Eng
land proving that not attending to tho notice may
negligence but is not enough to Affect the title.
The District Attorney here remarked that these argu
ments pertaned to negotiable paper alone. The Judge
then directed the examination of witnesses to be re-
sumed:-
TESTIMONY or JOHN .. RLLIorr
Mr. John J. Elliott being duly testified as Follows:
he q .se hs ns on tho
writing Mr.. HELEN there during tho day he
.s ss;s $s% Is
o. he usual Droke GS counter business as s
s sa IN S ss
don't know snyslas abSa, This nsso;laoa except when
:asy y sss me
q psymsns, !, sof coupons bin. .ssariiie.,
with
@ rs. sss @ s a os Of s
purchases and sale. roughly tits rough day book used
e.
n s:s s$Ssss. N
and also IL he y he seisi
.o an snry MI Hssn @ sSs' October
are
som. gold check: Noyeinber by. u. numbers
Sc.s Ssors sscaa.s ' after that mistake We m:da
II. names parties them
number e notice: q stolen bond. we're hers
O q *, ss Re 81 the 81.
for tho rst time when the detective brought in after the
4 mad. Il
w .it.ndsd with ,ss partition. put up and door placed
i .Ss sns.. testified tia. .hsr.
tho compare the with those on
Sc
10 buying after he heard Of this report because
an 5:
g @ ne Tho .01 namS s bS
not been hts custom; the l Of November ne compared
ponssd with those the notices, they take bond. 70 Jay
5
Mr. Charles Dsnn 90 Being duly .Ms testified
:Ss White
~ o day s Sps 8,
$4,000 counter business and gold my position
ws ~
our ONCE; we keep them hanging the spindle Ia the oce
s$ al S sss Ss% he o. or re
ps In large 'm nSTs that md. s my daily habit
Of November from The fact that the then
os nS~
Tnn we lot q s0 to
respect by our II we hays plenty Of grseubacks
Crossc1amned-T heard Of Tho Lord bond robbery; read
printed list q tho numbers Of those bonds have heard Sa
" bought
n ,s s.4 co vi. s' not ,o put
book have other where we keep our cash
% simple ssS'p q : ~sI p.s
money Instead o. checks lST ~hss they
S Cor srm q ,,s Co. and
pad par IN es.h for coupons nc. asn S
ne ocr. only Of advantage in have
know bui 20. for shs protection q other house
whe Cewes not being In he interior the building;
their specaly ~ stranger came 10 sell 70 the
amount o. e1,ts0f would pay him in greenbacksf had
large amount on hand-say $500 $1,000; . general
rule do not have geenbacks enough spare for that
amount though often do draw our check 10
bearer whenever the customer Il, and when
nothing y said draw II TO bearer, always thu
name and IN whose order where II IL $4,000 $500;
hsve frequently raid 81 b 10 ereenbacks over the
cunter sometmes customers prefer checks when
We give 10 them We have H. and sometimes send
10 oblge them. when draw check a bank payable
y bearer Tor $780, the bank pays II without saying any
thing.
The evidence hero concluded and the case closed
by the defence and submitted for a decision
Justice bowling while severely censuring the loose
and neg gent mode OF business which takes note OF
the notices Of stolen bonds did deem the evidence
before him sufficient 70 send the the Grand jury
The defendant vas accord ngly dismissed.
Ex-Governor Lowe, attorney for the defence, moved
that The coupons n question be placed the custody Of
Judge Bowling or or responsible court officer 20 abide
the Judgment of the Court They were accordingly
placed IN charge Of the property clerk.
The Lord Bond Robbery In the Court OF Com
mon Pieas-specisi Term.
Before Judge Brady
TAomss barron "a w n vam,iw Fl al This was
motion 10 suit growing out OF the celebrated Lord
bond robbery for the examination Of Mr. Lord 70 per.
petsAse hts testimony. A. the time or the robbery Mr.