The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-28
THE ALLEGED CUSTOM HOUSE BOND fOaGsalfs.
Motion to Try the Prisoners Separately
The Motion Denied.
UNITED STATES CIRCrfT COURT.
UNTTED FTATES CIRCUIT CUVFT.
Rafore Iutve Qhiutnan

Before Judge ahipman
JAN. 21.--Thc Of william Chase Barney, Reginald
Chauncey, aud Ben,hsn j. Fabian. who accused
Of having forged and uttered United States bonds with
The view Of defraudng the government Of the duty
three hundred barrels Of alcohol yesterday again
before tho United States Circuit Court Counsel for the
accused moved tina, the parties be tried separately The
OF the indictment recited that tho offence
committed In the Custom HOUSE, Of New York, and tina,
place oeded by the the federal government
10 carry the business Of n Custom Houar Tho nrpt
count Of the indictment founded tn statute Of
Is23 II the parties we're tried for offence and
the isw provided, they entitled 10 separate
trial, the Court would grant u, as matter Of coDrse
they might be triod separately or conjointy FOR
the o'nce II they were 70 b. tried In State court,
they could, ss matter Of course demand separate
trials Counsel for the defence propo-ed 10 tho
rs being entirely within the discretion Of the Court
Mr. William Chase Barney was an Official In tho Custom
House, aud the charge against him that he, with
those other gentlemen, forged the bonds On tho
He did say that Mr. Barney guilty Of the offence
nh s Mr. baIncy vas nr",.siss s.an'e ana
that there evidence To show that mr. rai''-..
signed the bonds, though he was charged with having
done n he responsible he was liable 10 b. tired
separately n he forged the cf eriasnt or
existing person. IL not stated IN evidence that The
signatures tho bonds concerted. A. 10 Cham
GOV there was formal charge preferred against him
bat Il stated that he signed tn nane OF Richard
Clancy TO one Of tho bonds aud that b. ava ~ kngHng
that person 10 be nonexstinS u thyasht
would be shown that there wse hr hchsfd clancy,
and distinct authority giyen TO sign ibq bonds
In question. n he signed them, and TIE name was
forged Il was night he should h. tired We wa pro.
pared 10 meet the accusation on separate ohsRe CAPT
Chaancsy proposed 10 call Mr. Fabian ~ witnefF
The COir thought that could not be done q they
were 90 he indicted ointiy.
Council replied that Channcey could be tried FIRST A.
though jury might Do told, Ia where prso1sfs
were Indicted oiniiy that such and such evdcnoe would
no, bear against one u them ye, they AL knew how
Tho Court remarked that who're the charge agalns,
prisoners tired together, the Court WOULD take god
That Evidence vas allowed 70 ~ IN Ae "" NOV
apply 10 The prisoner 49,. $3.50,
Counsel fof tie prisoner aid hat IN Engand 70 speh
case a. thla he bad known f"fafaie uial :" p"
asked for granted 1.-two o. more lsrsih W. ~
dlcied Tor the commagi1u of a murder at Actn9 20
ge,e, Y, W. mr., ia srseiy gn.rs ts arres
VA Joint offence, a., fgf insauc" Ia re 'he' r" ~
ceyiBg stolen goods u was ncfoFdns % 'h' ilE q" ~
| land necessary " pr0fe joint oh'hse ny y '"A
case II the onenfe oould h. proved By dfnd ftt'Aff
| the accused had . night 70 scpsrs'e ifal
The Court said there might b. sepafhis 80 h''u3
ononoes but question va I'D hoy mo- az ICED 70
coenel fsr ,hs prio ner aid IL would b. ne,eefsry 10
proure acndance II ihs CefA q ~ -suai" - Ne~
York witness Ia tbs c@se
The Co8rbrcmafksd that the Clerk ~ thH -fhaie Nss
NOT priyiieged frum Attending e. ritness
Hr Courtney, On The paEt - ne EUF1fnfnsrl oip.ea
the motion. and sai he saw % rsaaou VIZ sstm 'n
should be- male In this from otbcfs tbs' had
been tried Jointly n hs ube"rst~d ~ If.ftfs
q TIE coan ~~ ihall -. ,i..
Grand Jary preasutd an hdir'mfni against rrsarsfs
aantly The court would A. matter 81 opiif w VEN
TIE fAln tlAt tAl AtNAfh
in thu court Hc hs from tne fefafst ~ ZOE
leaned gentleman Who prsssded HIN, cay 800 ffif
why the ordinary 81 the c0lft should y fHftfd
from Tie argurnrrD ~ the lsafred oonsei thd 'nr
armed him In tie opinion that that cnarf strla ~ ~
dst.rtea FROM TtrFe sxaunatlpn tA.sn ~ ene
~ the police lreft ~ the city. Ann rfsfnHH ~ 80
CONCLUSION - The tssfioly mthe folrfs f NJ ~
feueants Insisted thst tfiofs Any fuftkff atrifr mha
gigrn In ne 49, ue qaestor ~ ne iurst trt - ~
| Justice shouid h. sfCsfianfd and cetifsd hf~f
1 several ndlosrunsni t~a rtn1si hni pro
| inr tbeae sd,ourumfnp h 80 Wp1fht adfna
| Ne 20 trug The qaeston psiefs ~ hfahl
lazy va cortsnsed thni any o~srfF tfd t'fn
committed mgaiur ~ ntsd staifs ara y a. o. 4
oognratis b. tbe H4is Ths question va rem, a
frsn that iuri.i and upn,fersf " go Nrana ty
az the f'nited -tafes md that raur h. bffrl
| would presume Rad sblbfsrt sYidsprs - nest iff
prsnopsfa separately The vsfy essrncs a a. rhs'l
vas the fsr ~ sonsptrsy arnops ts f@ft.sa y ~ q
their design ny forged 1orumerts rhs srlafhfs -
that Barney xho cierf ne tasiofn " pat w.
I'D the strscy Win The otber twu faisnlaHi ~
mean. q sla 81 oa1.i pri,ios Esrs him tsi Msl
fssr~S bards wIsh ths cbrt ~ Tttnf F.fs 80 q
u,s cussor Honi~ ssa ssDogtins thsnn nnS it.si - 80
era plsee they constrr " ~ye ths bputs - q - hah
dr.s barrels u asaD Ne ouaf net with sny fafsI Y
he lntsrvss of the gvyeflnsni trs noss 49, -pgaif
Tteue sri. doe d-srsni ufaes fhgwsf tbep,esni
1 ~ ths t.rsea NJ C1arnef sssrlu1~i W ee0isteih
| that % fyfa0nsfs ought 70 ~ uisd Ffhuy
4 ryansi zoe u.e defencr Nrfy ~ ief az ia roHl
| aenlsf The rrasios saying uA eFH 49, usfe eve
lruti,ratns any oti,sf thaa tho Ja<y tsAiy uai
| w1sld he f.fefailF enfiefoS ff~ss TIA A1Fy