The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-01

"'y Is vss;T have been connected with tho house q
Ev, Co.. 10 New York. since the Isl Of March
know : ths li.h q octobor; i turned on, q
- ps1 ona rom % stolen bonds on tho "a Of 0cto
Der bought $50 "oa" ,bs ny s,as IN no mS
from bm hS naab. requested a. es ~ ns
vigilance In taking londs. kst = s,e a one ,h",
be stolen or Irregular; an frr~sstsr " had cony
is not gone delivery on the street; has. 20 The
OF the list OF stolen bonds my dock aver o.. !.
robbery; examined the list at least one hundred tn
prior to tho 18th OF October; did not examine II then,
as Mr. HELEN was banker on the street, and supposed
he knew all about them; gave him the market price,
and drew check payable TO tho order Of the firm.
Cross examned-I have heard that our house rur.
chased bonds that were supposed 70 have boen stolen
prior TO the purchase from Frank HELEN whss re-
ceived the telegram from Washington in reference TO
the bonds sent 10 the Treasury had recollection OF
the numbers Of the bonds purchased from HELEN;
do not remember whether there was any person with
HELEN when no 10 sell tho securities or not he
bad frequent business transactions with our house.
: Re -drect-As soon as received tho telegram from
Sonds ssp' 70 sS out :oSS. tho
which the bonds were purchased wc 10 'osy su.aii
counter business and when stranger presented him.
self, whom did not know tho liss was then looked
at "
THE PROSECUTION otoisHD. =
The case FOR tho prosecution was closed with tho tes
tmony OF ths witness by the Assistant District At0r
ney After some observations In reference 10 the first
examnation.of Captain Jourdan, by whom II appeared
were not known by him TO have been stolen which no
subsequently, sold TO Jay Cooke Co.. the prisoners wore
INFORMED thnt tnoy were at beTty 70 make any STATE
ment they pleased having reference 10 the charge Of fell
ony for which they were arraigned.
5rArKMxSr ". r. BABrocK.
William r. Babcock was then duly sworn, and testified
70 the following IL am fortytwo years OF age born
in Rhode Island; reside at No llo West Forty third
street; spectator by profession; am not guilty
OF tho charge here preferred against him.
STATEMENT or PRANK HKLiEN
On being duly sworn and examined Frank Holen
madc the following statement:l am twenty years
OF age; born ct Washington, District OF Columbia;
am a banker BY occupatoni ] am not guilty OF tho
charge preferred against received tho bonds from
William r. Babcock; sold them TO Jay Cooke Co.
ceved Jay Cooke Co q check for the amount handed
sions, to Mr. Babcock had knowledge OF tho bonds
being stoen that there was anything wrong about
them; don't know tho number OF tho bonds received
from Babcock, whether they tho that had
been stolen from Mr. Lord and the Same mentioned
tho complaint.
DISCHARGE DEFENDANTS
Mr.. Algernon 3. Sullivan made motion 70 discharge
Frank Hclen the ground that the utmost that could
be proved against him tho alleged fact OF having
cevcd goods said TO have been stolen But tho evil
dence showed hc had knowledge TO whether tho
bonds had boen stolen, and they were received by
him from party who had obtained them properly or
improperly the counsel did not deem that There
Just to hold him, and therefore asked his dis
charge A similar motion made on tho part OF w.
H. Babcock. The District Attorney contended that the
bonds had been stolen, and that defendants should DO
held for disposed OF them In contra
venton Of tho law. The Court denied the motion.
APPLICATION
The counsel for defendants then renewed thor appli-
cation for hail making stron, and lengthy arguments In
behalf or then clients ExJudge Low, OF Maryland,
and A. T. Sullivan aud Seward spoke at con.
siderable eng urging with much emphasis fv.,ing
tho release Of HELEN. The Judge finally decided
10 commit both tho accused for trial. conseltng TO ad
NIT Frank HELEN 10 bail In tho sum Of $4,000, which
will be given to-day but refusing br In the case OF w.
X. Babcock.