The New York herald., 1869-06-22

The Dangers ef Mining Stocks.
BEFORE Jud1e CartlOzO (.

M. II. Vdn Wvck C0mnsttee Of Jacob Sousnert.
us. George A. Bache.-This Is the civil side Of the
criminal proceeding whicn has recently been dis
missed by Justice Dodge. The complaint sets cut
that Bache at diYerent times IN the summer Of 1857
forged and obtained money on q forged check for
$1,000. forged check for $50 so and forged note
for $500, drawn in the name Of Jacob southert,
who, in March following was declared lunattc.
The criminal complaint was supported solely on the
afidavit OF G. W. Newton who swore that he saw Mr..
Bache write the 81 900 check TO his own order and
sign 1t with Mr.. Southerts name; that MI. Bache
sns i a ssnk anS and
money on 1t. Justice Dodge rejected the criminal
complaint ON Newton's bad character. An affidavit
OF the same man and the complaint In the case were
the basis of the order OF arrest Tine defendant
moves to vacate the order OF arrest His own am
q second complaint or the committee. charging him
with defraudng Southert by selling him 1000 shares
aggregate m ' price Of sa4S5o This % adavt & IT. sets
out that his acquaintance with Southert
commenced by Mr. Newton win whom si% I ne had
ing him that for commission he would put
him in relation to man who was great
copper mine stock; that on his telling
hun he would make It right Newton told him OF
a drug store at the corner OF Varick and Franklin;
that he (Bache) called one him and introduced the
% mine socK HIM 70 ~ nus Saro p az as
ne had made; that the defendant made no represen-
tatOns himself but gave him the prospectus OF the
he was Informed, went IT, members OF the company,
ana even TO Painheld, where the mine was situated,
90 m1as Is Ss s10k The eceD
gwen BY HIM, that this negotiation was for
the first 1900 shares, for which southert wss
question as to the terms Of payment. Bache
says that some Of this stock he had picked up at
rlOus times at from forty cents to two dollars but to
Some more stock at two dollars; that the terms of
time agreeing to pay $4,000 cash. the balance in
notes at one two and three months; but afterwards
being ne until % mortgage gag cS1a a, be got
interviews southett said he was in funds and gave
he got this cheek Newton came into his ONCE, de-
manding rather busteringly hts commission I; that
ns Ss'nf had s''0 oniy " a'0 s9s sasos s and
alter some explanation gave the $1,000 check 70
to collect fUr % dne Dsnx 70
ton to get q new one; that Bache took the note up
to the drug store, saw Mr. Southert told him Of the
he writing it. he believes on the safe which Is the
rst check in question: that as to the other note and
check their history Is this: his brother having farm
Newton went TO him and suggested that he could
sect Enc sale to southert % 1T for S 100; @ third party
beng interposed between Bache and Southert,
nos Sf Which s no ssa ssO a 70 gs
siSns &C. al and 9, gave the other notes two Of
whom they came to the defendant; that Of these
notes was paid and the otner protested; that for
thus last note soushert paid 6y the cneSxn & this SUIT
him and insisted on his. giving up all the notes he
then held, and that on mis- resistance Mr.. Van WICK
property, and If he did not yield commission OF
lunacy would be issued and he would get into
sG Mr. %ak a ns
time, and after the issuing Of the commission
Of Of lnacy .oo he gave up the notes he then
ing that this was surrender OF all claims Of
the estate against him for $4,000 advanced
no property were correct. He says that nothing
more done till the holder Of the $3.50 mortgage
when Mr. Van wyck insisted on his stopping that
proceeding, and that on his refusing these proceed
ings were commenced. Two afiidayits are appended:
to the eject that IN recent conversation In lucid
interval Mr. eS0uthert confirmed all the statements OF
the above afidavt referring to facts within his per-
cashier OF the Chatham Bank that he believes the
signatures genuine. There are affdavits 20 show
planned the Lovejoy robbery and is unworthy or
belief On the other side the plaintiff produces ai-
asys Of Who are sassd led Sa the
OF Mr.. Rogers, who sold the defendant 5000 shares
at TWENTY-FIVE cents for the express purpose Of re-
reservations, Rogers unwilling acknowledgment
that he did not trust Bache's veracty under
81, 500 for payment Of the whole $4,000 paying him
back after discount $500. The aflidavts OF two per-
sons, who state that Mr. S0uthert denied the authen
ticity OF the signature OF Mr.. Van Wyck also deny
the truth OF the statement as 10 his pressure on
the defendant, or that there was any settlement
whatever Of the three notes; that he did not know
Of these three notes till after the surrender OF the
s10 OF notes 20 MIN. they being In the possession
OF Mr.. Southert's former attorney. Mr. Shefte.d
also remembers the visit OF Bache when he claims
TO have got the 900 check; that had it been gwen
he thinks he would have known It, but does not.
The 81 500 note was, II Is sworn, In che handwriting
OF Bache. orf ls s.rf..
There are afiidavits OF other persons acquaint-
ances OF S0uthert. who express most decided be-
Lief that the signature 70 there papers forgeries
The Court reserved Ats decision. f