The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-07-27
the NORTH RIVER BANK AGAIN.

A Five Thousand Dollar Check Given
GOr n Ressaurant-Arrest OF the Alleged
swindIinE PARTIES They Claim shat
the Paper was Negotiated but Not IN
dOrsed-ThFoe of the Defendants Hello
for Trial, Etc.
Christopher V. Hogan, No. 1873 Bleecker street
William W. Smith, corner OF Eghty-third street
and Third avenue, and Mrs. Anne Mahen, No.
46 w. Sixteenth street, were arrested yesterday
morning by Sergeant Lefferts aud Officers Flem
ming and Grossly, OF the Fourth Precinct Police
Court, upon warrant issued by Justice Con-
molly, on the complaint OF Charles L. Denman
and Jean Denman, his wife, charging the gde-
tendants with having conspred together to cheat
: and delraud complainants. The circumstances
OF the case, as set iortn in the aGidavts, are as
follows:-
The Denmans hold lease of premises No. 27sB
West street. In which they carly on the business
of q restaurant. For some time prior to the 10th
OF July Hogan was in negotiation with them Tor
the purchase of such lease and business, with
fixtures, etc., and had finally arranged to give
them $4,000 ior the property. Accordingly, on
the 10th day of July, ali the parties, Hogan,
Smith, Mrs. Mahen, and the Denmans, attended
together at the Office of John II. Harnett, legal
adviser OF the Denmans, where they (the Den
mans) executed an assignment of the lease and a
bill OF sale of the fixtures 10 Ann Mahen, sister
of Hogan's, whereupon Hogan and Smith handed
to HarDett as part payment ofthe SIX thousand
dollars agreed upon three certificates OF deposit
OF the North River Bank, Hoboken, for the sum
total of five thousand five hundred dollars, said
certificates being signed by w. A. Perkins,
cashier, and indorsed by Charles Newman.
This paper Harnett refused to accept, on the
ground that he had no knowledge of the
bank. To this it Is alleged tnat Hogan and
Smith replied that the certificates were per-
fectly good, and that the bank was solvent, and
that Charles Newman, the payee, was the
talherin-aw OF Smith, a man OF immense
wealth and large stockholder in the bank.
Upon this explanation Denman caused the
papers to be placed in the hands of Hogan, to
be by him held until ten O'Clock the following
morning, when they were to be delivered TO Mrs.
Mahen If Denman found upon inquiry that the
certificates were valid, and the representa-
tons of Smith and Hogan true. Taxing the
certificates for the purpose OF his inquiry, Den
man went to Hoboken that afternoon and ascer-
tained that the bank was, AS he expressed it, IA
worthless and fraudulent institution" that at
the time these certificates were dated, w. A
Perkins was not cashier OF the bank; that Charles
Newman was man OF no means, mad never de-
posted dollar in the bank, and was not the
tather-n-law of Smith. Returning on the next
morning to demand the assignments and bill of
sale they were refused him, and, as he subse-
quenty ascerlalned, had been In the meantime
recorded and delivered. Applying to Mrs.
Mahen for their return, he was referred to Hogan
as her agent.
THE DEFENSE.
Newman AYERS that the certificates came to
him in the way OF trade IN exchange for some
oil stock, and that he sold them to Hogan for
fifty cents on the dollar without guaranteeing
their redemption, Hogan having hrst made
inquiry in regard to the bank and ascertained
tnat it was "shaky." Newman further alleges
that Hogan well knew when he purchased the
certificates from him and obtained his endorse
ment that they were not founded on cash
value. No transfer of property has yet taken
place under these assignments, the Denmans
being still in possession, protected by the in
junction issued by the Supreme Court, re-
strainmg the other parties from interfering
with them pending the decision of suit
hrOnUht tO cOmDpl them IN rpdpliVpr the
The parties charged with conspiracy were
brought before Justice Connolly yesterday after
noon. Counsel tor the defense moved, first, to
dismiss on the ground of insufficiency in the
affidavits, and again for stay of proceedings
until the conclusion OF the suit now pending IN
the Supreme Court shall have decided before a
jury the question of crimlnality. They deny all
the allegations made. The first motion was not
urged; the second was denied by Justice Con-
molly, on the ground that he had no authority
TO make such an order. Hogan and Smith were
held each IN three thousand dollars, and Mrs.
Mahen in five hundred.-N. Y. Herald 26th.