The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-12-02

UNITED STATES COMMISSIONERS OFFICE.

before C0mmlbsOnof NoWtOu.
James II Greairsx brought up yesterday for o.
animation charge Of having forged notes TO large
extont ON the Union Bank OF Scotland, at Glasgow
Mr. Francis T. Marbury appeared as counsel ON behalf
Of the British government and the defence Of the pris
oner was conducted by Mr.. Curttss and Mr.. Malcolm
Campbell
The arst witness examined Mr. Alexander Mccall,
superintendent Of tho Police at Glasgow who Gavo evil
dence respecting the petition Of the Procuraior Fiscal
the war ant Tor the arrest Of the prisoner aud the pre-
ton depositons OF the several witnesses who
had DO examined In tho Scotch courts In 70
the case. He testified that all those proceedings had
been regularly conducted according the law Of Scot
land The witness identified all those papers and stated
that they wero regularly executed
Mr. Cur,ss said that under the section Of the law Of
1S48. on the hearing OF return Of warrant II
cessary that should DO At ested under tho hand OF
the perssn who signed He desired 70 say that he did
dence until tho defendant had right 70
the witnoss and how far his testimony TO the
attostaton OF the papers might DO received
The Commissioner--You may cross-exsmlnc the wit
ness but II you have any objection 70 the papers you
Mr.. Earbury, handing q document to the wItnoss,
asked what ID thisS
Witncss--it Is q precognton.
Mr.. harbury-What Ia u proc0gnitons
Wi,ness-A precoguition the written deposition Of
witnesses; hold II Ia my hand It IL the prccognton
Of the n up o.
taken on oath by tho sheriff Substitute OF Lanarkshre
| have examined tho original papers those
by whom they purpon TO DO signed They
were made and gned in my presence by the
beore tho sheriff Upon the petition OF the Procarator
FISCAL. the SHERIFF. substitute Mr.. Gabrnith granted
warrant for tho OF Greairex. Mr. Galbrath
crossed the duly OF sheriff In my presence.
MIR harbury OIL rcd the papers ia evidence.
Cross examined by ar. Curtss-Mr. Mccall, who
signed the pctlonr A. hr John Camel, tho Procurator
Fiscal q WnenY A. On the 9th OF November, of tho
pr sent year. 2 Wheref Ia tho County buildings
Ia in ma of tha III Qf
tho Procurator FISCAL Q We're you present when tho
clerk drew tf A. was not y when did you 500 it
was signed aid you read itt A. No, ] did not
y Was II signed 10 your presence' A. Yes, It was
2 ny the party wloee name ~ attached 10 ~ A. Yes
u Was tue paper lhon pat IN your poescssions A. The
paper wns then put ~ my hands for execution the
papers have oeen la the hands q Mr. Marbury;
AZ tue petition was signed got u, on The 5th OF Noyem
Der from H. Camel, tho irocurator Fiscal, that day
q On what day was the warrant grantcdy A. think
1t was tue day, the 5ih OF November. q Was II
signed by Mr. Gsibrath in your presence A. could
say that Y Wen, thea, all the you have of
don, ing he warrant in this proceeding Ia from what
yoI deem W be or Galbratn's hand wr.tng4 A. oh,
know II 1, b, hs Handwriting, but cannot say that
have seen him sign H. All you know OF II being has
signature Is from Ills handwritings A. Yos, and ffon
Knowing MN To oe an ohcer OF The court have
his handwriting hundreds OF times the sherins
Chambers not the street with the County
Chambers The Coun'y Chambers are In South Allyn
street. and tho oh raj Offices Ia brunswick street;
the places are about Two hundred and nifty yards apart
= Did Gslbrah ever sign his name Ia your presence
canuot say, bat have seen his handwriting tho
papers that came mo my hand Y Have you seen his
name on letters A. may nnvo econ IL on letterA O.
Have you seen II on commercial papcrsf A. l cannot
say thai have soen II commercial papers IL IL
not common for part o. both IA the Police Department
and IN the sheriff Il office, holding subordinate positions
10 sign the names of tner super orsf a. No, not
aware tina, might sign their names proper Soand
50; have seen Mr. GAibraith sgn ovory page OF tho
prvcos uiuon my presence, cannot say that
MN sign The warrant, IL IS dae possible | may. but
cannot swear TO u
Cumnissloaer-But sou are quite sur3 you saw him
si2h every pare OF tae prccognItioof
Witucss-fes. sir; uiD me sure or the',
.ro.s-exam nation contnusd-Q Ar understand you
correctly this plecognoD you term ~ Is simply the
andayit Deposition OF the Witnesses a. Yos sir.
u ~ow msL, OF these deposttions or uniayiis mr..
there A. have not counted them: do not know; 1
dare Ray there the deposions OF about twenty Wit
nosses every deposition shows By whom u Is made, and
EACH page VI the deposition ~ signed by tho Witnesses
IN my proseLce; there are the deposlious o. hf Nc
Donald, Mr. Nelson. Ar Thompson Miss Gibbs Mr..
the orpostons ssnedf A. In tue Procara,or Fiscal's
Chambers. Ia Glasgow, the Sheriff was present; the
depos.uous witen to the dclaton Of tho Prccu-
ratvr Fiscal they rad before they signed
by tho Witnesses. Y Are those papers originals
copless A. originals Q After the papers were signed
wnaa b5oame Of lhcmr A. they we're put into my
hands u 1 understand you 10 say that YOU
tie Witnesses syn tue Deposition A. Yea q After
.ho deposit ons wsre proper, perfected hey w yss,
day OF the month was thats A. II was on the
9th OF November sat whe the witnesses were
them 10 tue United States Consul, who altered
them Y Have they been all the tine In your poases.
s.on' a. Yes until gave them TO MI Msrbury. they
we're locked up In travelling case, and da not leave
my posses.ion from tho tine left scOtand until
handed them 70 Marbury each Of tho witnesses
enam ned IND vidaaliy 10 roon where there
~itness intne case but that ono.
counsel Tor defendant "a d he had not had time %
reaa All these dispositions aud Le therefore, hoped The
coud would allow him IN right 70 reserve his objections
n iut stage oi tue case
Ar aarbury ,bsl ar. cartiss should have ample
oppor unity 10 road the Papers. He would hand them
" co nsel Tor that purpose.
1hcc mmissiouer said would DO better. II possible,
~ he .vidn aud then hant through tu0 pa
lers Tor Obj ctipDs Afterwards
Ar Campbell object to the reception OF tho papers,
the ground that tley not certified by toe
tive asth0tty Of IN demand state. The demand for
exlredIon Emo ~ cns irom the executive authority Of
tue demanding to- According "a municipal lss the
al ~ a iDcal court not sufficient IN France
drmsnds .or exiraJ ton came irpm Tie executive
usrity and inat aic was tho case "a sIal. 70 lar a.
lac lad Tao Iapsis thoy ecrc merely certified by
seru u Lamar shire, Nth tue certificate 81 tho
Am ricsn Consul Counsel fe.ened 70 Tie elar VI
hr. Cussint.
Mr. Aaroury replied that tho law was clear mat pro-
perry aAthcutad GepOsitons must DO receiver In syi-
due. H. p,cauced original documents, properly
au hcntlcaed W ufces Who hal acted this mat.
tf, sworn b. d competent tness that they
Ia ACCORDANCE wtn nc aw 81 scptland The ~
dir hang mad never hern recognized NJ directing
90 cat oiug Of this Kind. IN lie prascni h. MT
saiba - had ufpaght h,mse directly Nituin the act
Ar Caup0e,i-loG cannot prove We law 81 olland
b. mere ay,nan FROM lat c1nntry Certified copies
tluse tina a recognized b. thV fatgtf
hr hnbury 1t wou % oonle ca. TO- him h mako
Noftt u hN iu4A Cue or mus
Tie Commi.siner sald he would admit me testimony
H. bal "a 81 ~ tie question hal dozen tmcs Too
wiiness. &c ihoasbL kaeR thc Las and he csufee ~
pfaglics Ia scotland lilo law ~ Amcrc8 had been
p.1y ed over there Ia ent Gaze b. export
Tue deposition. were tn rean. ihey we're eKceed.
inRy yoiuminOas, aud occ lied Lign hogr ID
r4ung They referred % certain ailcg u proc etincs
brwccn tsD y ~ ~ naAe ~ Gnn.shaw aud tie
defendant Ofeatroz, nho had carr el tie b1aueN ~
photographer in Ola gos and they sverfsd that these
parties bid been engaged the hlhcgaphng plUt0.
sai bus 4 ioiged notes o. Tie tnon 5snk q scotland
ar 8cCsll wss tben examined on The ~ direct Hs
said ~ beG Not the wsr1aat can 10 Ner York
Y irryIou. % tiAt did you tAke steps a.
inyes -ae ills c.ksf A. fdd. GA Monday, tbe lst Of
October an oucer of toe Un.on Bank called no
pocu once, md Jeff Information thai they had rec ycd
.oiDe Lclit Ous note | went 10 the Uni0n hinf, and
there shown that sail a. be forged
immediately caused bills - be- print d, stating that
l0rer had taken place. and aso giving descrp
NOu 70 lures men WIN, tho Police had teafued,
acre engaged 10 passing these noes, thee b rore
circulated thrO III tie Whole moi flrco u the Bntry
and the following Wcdne day he received niilalion
Iom kalubgrg nat the police nal taken into stgdy
n.fl. IAN mon uIn htNu