The New York herald., 1866-02-13


Before Judge q. @. Barnard
FEE 12-The Judge took his seat on the bench st
eleven O'Clock
Robert Simpson was indicted for pickins Ne ppcAst q
gentleman named Kenyon st the Broadway theatre on
the 2sth Of December The prisoner was found guilty
and sentenced TO i've years. imprisonment in the eate
Prison.
ALLEGED MOCK AUcTIoNs-rNPoRTAr CASE
Zeno Burnham indicted under the State law passed
April 1s53 for having, by OF certain practices
alleged to be Of fraudulent and deceifu character 70
wit, mock auctions, obtained 81 900 from lady, The
defendants counsel Mr. Holiness Recorder Smith
and Mr. Spencer The prosecution was conducted by
Mr.. Cunning s Bedford Jr Considerable delay was ex-
perienced In getting Jury, as challenges were
made by counsel for defendant TO many OF the jurors
presented themselves the ground that they had n
the particulars OF the charge preferred
the accused In every in which juror stated he
had formed expressed opinion the matter be
tried the Court ordered him to be set aside One juror
being called to the book said he had no prejudice
| many mock auctions carried on in New York laugh
teri Having stated that he could not try the case with
out in some degree being preudiced he was ordered TO
| stand aside.
Mr. Cunning s. Bedford, Jr., stated the for the
prosecution He said the prisoner had been indicted by
the Grand Jury for violation of the act passed April o
The object Of that act TO suppress frauds and
mock auctions The facts Of this case would show that
| fell within it in every meaning OF the word Zeno
Burnham had fourshed for long time In this city as
| mock auctioneer at No. As West Sixteenth street.
| That the place where he held out, and y
| to be hoped that the people had now such
against HIM would enable the jury to find him
guilty While he had been fourshing with his fauds
many man had been sent TO prison for stealing 500
bill but this man had not been there because he
managed to conduct his business ceverly But ne mr.
Bedford) thought they had now caught Burnham, who
stood to mock auctoneers Madame Restel did TO
abortonsts The frauds perpetrated by this man were
committed respectable ladies', and he believed their
story would be proved by several PERSONS now In court
vba auarQ fba viz inns 0f me- franz
Mr. Spencer asked If this statement were right on tho
part of the District Attorney
The Court said the District Attorney had right TO
open the he thought proper.
Mr.. Spencer hoped the latitude would be given 10
| the defendant.
The Court--Certainly
Mr.. Bedford to say that the complainant
most respectable lady Seeing advertisement in the
paper, announcing great sacrifice of property the pro-
pretor being about leaving for Europe She giving some
credit to it, went to the place and saw Mr. Burnham on
the 30th OF September There about dozen pers
sitting around The room was dark in order to set
the furniture of to better advantage When the lady,
who was accompanied by her daughter came In the
mock auction commenced. She bid and made some pur-
chases, of which her daughter took memorandum
The purchases amounted to between $500 and $400.
After the purchases made Mr. Burnham went round
to the different persons in attendance and collected
various sums of money from them and said that,
the proprietor of the goods going to Europe, Il
was customary to have the goods paid for the
| lady had only thirty dollars about her, which she
gave Mr. Bunham who asked for the balance She said
he would go with her to the house she staying at
| she would give it to him. He did so, and the lady
bond dropped on the floor. Burnham picked 1t up and
expressed desire to take it, She said every we'll you
can take it, and bring me back the change" With that
understanding the bond given; he to return It;
but instead doing he sent her bill for articles to
the Of So 3O0 and when she went to him to seek
an explanation he said II she did not pay the amount
she should forfeit her right othe 5000 If they believed
that Burnham took the bill with fclonous intent they
| should hold that he was a thief and punish him.
The complainant Mrs. Z. A. Stubbings, exam
daughter and myself went 70 II the si hoas, as Of
door; went there second time; there were very few
persons here they had not commenced selng as soo4
as went in bid a small article Mr. Burnham and
the auctoneer were there; had purchased
$500 $400 worth OF articles Mr. Burnham asked mo
| for some money said had only $50 about me; hd
asked me for $500 he said he had to make up some
money for the gentleman, the owner OF the property
who, he stated, going to Europe; said that had
money at home, and If he came with me would pay
him; he did come with me; took out 81 900 bond;
he asked me for It, saying he would give me recep0
for IL he did give me receipt for IT, and gave him
the bill, which he took away with him, saying he
would return II to me by Monday morning or the
the evening OF the day which Mr. Burnham the
1000 bill he sent bill for 81 800 for goods
bid on and did not want as was boarder and had not
a place 70 put them; went to Burnham on Monday
morning and asked him why he had such bllg
he SAID unnss paid him the amount OF the bill would
have TO forfeit 5000 for things had purchased that
was the law Of the State, and asked me II did not know
IL; said did know there any law TO make me
take articles that did not want daughter took down
list OF the articles purchased VIII ch did not exceed
1900 The witness stated that after these matters had
complaint against Burnhan, before Mayor Gunther who
held him under 81, ooa bail si.c *hs cTurexa4ned al
some length Her daughter took the stand and say2 evil
dence almost similar to that OF her mother In crQsse
animation she said she destroyed the original
dum shc had taken Of the mother,
as II was all blurred she did recoect N her mother
bad gone the bill for 81 800 item by item with Mr.
B1rnham.
The was then adjourned till tomorrow