The New York herald., 1868-11-28
EXTRAORDINARY CASE or FRAUD.
A Deeply Laid Scheme 10 Defraud New
York Farmer and a New York Merchant.

~
York Farmer and a New York Merchant.
From the Troy N. " Times, Nov. 21.l
The attention OF the Circuit Court Judge Ingalls,,
was occupied yesterday and this forenoon with one
OF the most remarkable trials II has ever been our
fortune 10 record. The point ut issue is the genuine
ness OF the mortgage purDortng to have been given
in this county for the sum OF g. 800 to John Swartz
who, so far as the trial is concerned Is myth and
transferred TO Hudson Hoagland, boot and shoe
dealer in the city OF New York. ar. Semon denies
the genuineness Of his signature attached the
lment and on the maturity OF the mortgage refused
TO cancel the Indebtedness. Mr. Hoagand brings the
suit TO forecose the mortgage and sell the property
Mr., semon Is the owner OF farm in Schodack
about $40 600, and it is entirely unencumbered In
June, 1885, gentleman called ~ his house and in
qured II he desired TO sell the place. He replied that
he had entertained no thought OF disposng OF 1t, but
If he could get enough for ii he didn't know but he
would sell. He thought he would take 900 for It,
The stranger then said that he had been engaged
In business in New York, that he had retired from
business, and desired 70 settle down in the coun.
try-that the place suited him and he thought he
would take It at Mr.. Semon's price, He also de-
sired TO buy the household furniture and the stock
and implements upon the farm. Mr. Semon re-
piled shat he must think the matter over, and II
the gentleman would give him his address he would
return definite answer in a few days. The
stranger then gave his address az ''John Walther
box A, New York city," and In a day or two Mr..
semon wrote TO that address q letter declining TO
sell the farm In this way 1t Is supposed the forger
came IN possession Of the farmers signature. Be-
fore the stranger departed he requested Mr. Semon
20 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 preliminary search and Mr..
semon complied-not deeming 1t ut all strange that
the prospective buyer should desire to investigate
the title to the farm. The man LETT and our Scho-
dack farmer never saw him afterwards.
few days subsequent TO this two men, repre-
sentins themselves & 70 be John m Swartz and James
Albany and requested him 10 draw up a bond and
mortgage for 500 in favor of the former and
against the farm Of the latter.
The next development We have in this case Is made
IN New YORK. Mr.. Hudson Hosgand, In June, 1886,
ls sitting In his store one morning, and is ap-
fer of bond ana mortgage FOR stock OF boots and
shoes, and produces this mortgage against the farm
and states that he Is German; that he had recently
been Ia the rebel army, having been sonscrpted in
S & 'na S ssa sHsn @ ae S
10 satisfaction Of an inhcritancs obtained upon the
death OF MS father, and that he desired to ex.
him 10 engage in business. The particulars OF
the interview between Mr.. Hoagand and swartz
wso ssu Sn u aa ss eence e % 6
approached replied that he was mot In the habit OF
dong business that way,r whereupon Swartz as
snrcd him that 1t was IAN right" and offered 10 sub
init the mortgage 10 the scrutiny Of Mr.. Hoagland's
lawyers, and they might search the records In the
@ and ySs Of Soon
which the mortgage was given.
Mt. Hoagland seems TO have thought the sug-
gestion good one, and he took Swartz around
TO the ONCE Of his lawyers, Messrs wickes 4
Foster a prominent legal frm In New York CITY,
VINO tnereupon TOOK charge OF the matter Tor
their client They despatched clerk 70 this
city 10 investigate the title 10 the Senon farm
and he returned, reporting 1t all right and the pro-
perty worth several thousand dollars more than the
encumhrancc, The lawers thereupon decided that
tne investment was q good one and drew up
transfer Of the deed-taking the precauton to get,
written consent OF Semon 70 the transfer, and this Is
also pronounced forgery.
/ Mr.. Hoagland gave Swarts the value OF the N ort
gage Ia boots anu shoes, sending them 70 Newcastle
Del, where the latter said he intended 10 establish
himself In business and Mr. Hoa0land put his bond
and mortgage IN his safe along with other valuabes
never for 4 moment dreaming that there would ever
arise q question a. 20 its vaue and Renuineness.
In the progress OF time tho mortgage matured,
aud, Of course, Mr.. Hoagand wanted his money.
Mr. Semon was called upon and desired TO settle up
Ho expressed the utmost surprise at the demand
and declared the mortgage fraudulenthis signature
TO II forgery. It wss now MI iioagland's turn 10
he surprised. aud wickes \ Foster, the New York
lawyers TO toe equally 'struck all backr with aston.
ishment Semon declined 10 pay and H0agland
brought suit 10 foreclose the mortgage and secure
hls money.
During the trial Colonel Nicholas r. Miller, OF Scho
dack, proved 70 he most important witness In
favor OF semon, for by him Mr.. semon proved that
ON the 2ist 22d and 28d DAYS OF July 1886, on the
last uf which days the bond and mortgage was exc.
cuted AT Resendalc's once In Albany, SeInon was
engaged In delivering grain at his tMilier's mll in
Scbodack and could not possibly have been IN the
city or Albany. and consequently could not have
been one ~ The parties executing tie mortgage.
After an able charge by Judge Ingalls, the Jury &C.
tired.