The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-11
The coURT S.
nINlna "a
vHuru STATES CIRCUIT Court.

me charge Against John II. Trap. LAWYER
gouyicrion Of the Prisoner. a r#
CA Before judge shipman and . jury. st s
Ne trial OF John H. Trapp, lawyer VINO was cnafgec
vim having forged the names Of Two claimants on
6ca.es transmitted him attorney Of the parties
,o,o ,hs second ana Fourth Audtors Onces in WASH
,.yon was resumed and concluded yesterday.
M samuel O. Courtney, United States District Attor
nav and Mr. Joseph Bell, United States Assistant Dis
c Attorney conducted the prosecution ON The part Of
,re government M. Malcolm Campbell defended the
prisoner st4s
me evidences on both sides having closed, Mr.. Camp
oen In Ieagthened address, reviewed the evidence
behalf Of the accused He said II was for the sry TO
ds.ermne whether the words mentioned In the papers,
% receive receipt for the moneys payable Priest
and Coungton not authority 70 sign the papers
nom Russell on Crimes 70 show that II . party
1nad.. authority, in good faith thoughS he
would not be forgery 70 DO 90 That aathory need not
be oppressed; might be implied from tho acts Of the
parties Mr.. Campbell mentioned some cases to show
Thai this rule hold in tho English courts and that
there decided that party had reasonable ground
for believing that he had authority 70 write the accept
empowered with express authority 70 present claims
Or those parties to the gsernmon and TO receive ana
ss such :: ON s
she certificate which the money vas procured and
.sseie. was gwen for T. He or C.mp6sill commended
the authorised agent 70 collect the claim,
~ss bound g s Is as ..s.a is Honor 70 ase
The jury on tns.e principles Of law that 4 app had
proof that no forgery bad been oomm,sed II he had
implied authority from the acs.of the parties there
. .nS ne ns S.a neither rex M 500 NOR Implied
~ bad right 70 sign their names there forgery
The Court cannot charge that this instrument gave
Mr. Trapp right 70 receive the money. What now
N b that what was authorzsd BY The parties .. wash
iasson did not authorize Mr.. Trapp 70 do the act
n Campbell replied that Priest. his and
Bennington had expressly stated that they expected
70 sign sny e o
ssva the money Trspp was 70 pay himself out Of that
1snsy; and how he to get Il II he had not authority
Mr. s. O. Courtney, in summing up the evidence for
ne government, said that when the defendant CON-
Pore he bad concluded IT, he had hoped that he would
have furnished some explanation by way Of evidence
isen,y waited, hoping that some,kins OF that kind
would occur. He thought they aIsexpected something
q Aa, KIND after the opinion expressed oy the learned
lad been conferred The defendant to do these acso
sign those papers, But he hought the jury would agree
that which they expected did not arrive and that the
60. a. il now stood before them, unqualified
Ooasngton, as charged in the indc,mcnta He (Mr
Cc.rncy regretted that the position no occupied there
mp Of Ss s and az pIo
protection 70 fraud and rascality shou.d DO guard
sSer the ign0nnt and tho unwary--he regretted
that any member of the bar should be there
such charge and that he, In diechsrge Of his duty,
compelled TO prosecuto H. He world rather that
shn duty had fallen 70 ohcrs; but he there and tho
losy there, and both In their respective spheres
must discharge the duty which the law imposed on
eAems without fear or favor and due regard 10 the
rights Of the citizen well TO the rights Of the gov
ennent Of the United States. He did not believe that
aAe slightest particle Of prejudice cxsied In the minds
- the Jury against the prisoner because he belonged
- eal fraternity He did not believe, the learned
osnileman the other side suggested that such feel
tne existed. II did, he begged them TO cast II aside
- treat the prisoner - II he belonged 10 the
oans,le ccmmuniy followed any other honorable
pasOn By which no could earn . livelihood. Mr.
oouvtnsy then, In . careful and elaborate manner,
gpaiyxed NE facts Of the case and after adveng
H qusstons which had arisen during the progress OF
- trial. concluded BY calling the jury 10 mets
3ssice 10 every onsnder no matter how high his rank
~ ns - station. 49,. a.. 60
nSssY about half hours dcberation returned into
seurt with . verdict of guilty.
011oornod 9Ne sassF 81. ~ N M&