Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1868-12-19
Remarkable Case ef Fraud.

Remarkable Case ef Fraud.
Tho Troy IN. W Times says: "The
attention Of the Circuit Court, Judge
ingalls,, was occupied this forenoon with
. most extraordinary trial. The point
at issue Is the g%enuineness Of the mort
gage purporting to have been given BY
James Semon, q respectable farmer Of
Schodack, for $4,000, to John Swartz,
who 80 far as the trial is concerned is q
myth, and transferred to Hudson Hoag-
land, q boot and shoe dealer in the city
of New York. Mr.. Semon denies the
genuineness of his signature attached
to the document, and on the maturity of
the mortgage refused to cancel the in
%debtedness. Mr.. Hoagland brings the
suit to ~forecloss the mortgage and sell
the property. Mr.. Semon 10 the owner
of q farm in Schodack, situate about
fve miles from Albany. It's value is
about $l2, 900, and is entirely unencum-
bered. In June, 1866, a gentleman
called at his house and inquired If he
desired to sell the place. He replied
that he had entertained nc thought OF
disposing of Il, but If he could get
enough for it he didn't know but he
would sell it. He thought he would
take $500 for it. The stranger then
said that he had been engaged in bu'i-
ness in New York, that he had retired
from business, and desired to settle
down in the country-that the place
suited him, and he thought he would
take It at Mr.. Semon's price. He also
desired to buy the household furniture
aud the stock and implements upon the
farm. Mr.. Ssmon replied that he must
think the matter over, and If the gem
tleman would give him his address hs
would return q definite answer in q few
days. The stranger then gave his sd-
dress as John Walther, Box No. A,
New York. City, and in o day or two
Mr.. Semon wrote to that address a letter
declining to sell the farm. In this way,
II is supposed, the forger came in pos
sion Of tho farmers signature. Before
the stranger departed hc requested Mr..
Semon to give him the date Of his deed
and the number and page Of the book in
which It was recorded, so as to enable
him to make q preliminary search, and
Mr.. Semon complied-not deeming 1t at
all strange that the prospective
buyer should desire to investigate
the title to the farm. The man left, and
our Sehodack farmer never saw him
afterward. A few days subsequent to
this, two men, representing themselves
to be John Swartz and James Semon,
appeared before Recorder Rosendsls oil
Albany, and requested him to draw ur
q bond and mortgage for 81, 500 in favor
of the former and against the farm Of
the latter. The next development VIC
have in this case is made in New York,
Mr.. Hudson Hoagland, in June, 1866, il
sitting in his store one morning, and il
approached by a stranger, who desirei
to mako q transfer Of n bond and mort
gage for a stock Of boots and shoes, sud
produces this mortgage against the farm
of James Semon. He giyes his name al
John Swartz, and says that he is a Ger
man that he has recently been in the
rebel army, having been conscripted in
Columbia, s. c.; that Mr.. Semou, the
m~ortgagor, is his brother.in.law, and
had given him the mortgage in Gatisfsc,
| ton Of an inheritance obtained upon
the death of his father, and that he de-
sired to exchange it for boots and shoes
in order to enable him to engage in
business. Tho particulars of the inter
view between Mr.. Hoagland and Swart7
were brought out in the testimony o.
Mr.. Hoaeland, who was called by the
defense. The merchant thus approached
replied that he was "not in the habit o.
doing business in that way !" where
upon Swartz assured him that it wat
call right" and offered to submit the
mortgage to the scrutiny Of Mr.. Hoag'
lands lawyers, and they might search
the records in tho County Clerks ofic,
at Troy and satisfy themselves in regard
to the title and value of the property
upon which the nortgage was given,
Mr. Hosgland seems to have thought
the suggestion a good one, and he took
.Swartz around 10 the office of his law.
yers, Messrs. Wickss l. Foster, q promi;
nsnt legal frm in New York city, who
thersupon took charge Of the matter
for their client. They dispatched
a clerk to this city to investi'
gate the title to the Semon farm
and he returned, reporting it nil right
and the property worth several thousand
dollars more than the encumbranco,
The lawyers thereupon decided that the
investment was a good one, and drew
up o transfer of the deed, taking the
precaution to get, in addition to the
transfer executed by Swartz, the writ
ten consent Of Scmon to the transfer,
aud this is also pronounced a forgery
Mr.. Hoagland gave Swartz the value Of
the mortgage In boots and shoes, send.
ing them to Newcastle, Del, where the
latter said he intended to establish him.
self in business, and Mr.. Hoagland put
his bond and mortgage in his safe along
with other valuables, never for a mo-
ment dreaming that there would arise a
question as to its g%snuinsness. In the
progress of time the mortgage matured,
and of course Mr.. Hoagland wanted his
money. Mr.. Semon was called upon
and desired to settle up. He expressed
the utmost surprise at the demand, and
declared the mortgage fraudulent-his
signature to it a forgery. 1t was now
Mr.. Highlands turn to be surprised,
and Wickes 4 Foster, the New York
lawyers, to be equally 7" struck all of q
heap" with establishment. Semon de.
clined to pay, and Hoagland brought
suit to foreclose the mortgage and Sc
cure his money.