The New York herald., 1869-04-21

Preliminary Examination Before Justice Dow.
ilng-Afadavits Setting Forth the Cashed
Checks Forgeries-H0w the Case Stands.
Ever since the exclusive publication in the
HERALD Of the late sharp financial operation
through which $4,000 was obtained from the Ma.
tona Bank Of the State OF New York, through forged
checks purportlng to be signed by Jay Cooke Co.,
there has been sedulous endeavors in certain
quarters to envelope the whole arair In q veil Of
deep and impenetrable mystery. Twas denied that
the checks we're forgeries and then the amount OF
money realized on them reduced to an inslgni1-
cant sum. Without assuming to state the meaning
OF this mystery and reasons Of these contradictory
statements one fact we can most positively state,
and that s that Justice Bowling has determined to
give the matter thorough sitting and, while seek
ing prevent the condoning Of crime, do his utmost
To visit upon the guilty parties their meted punish
ment. verbal complaint in the matter, 1t ap-
pears, was first made to Judge bowling, and then
the case taken before the City Judge Judge Dow,
came properly, If not solely, within his ju-
rlsdiction, and on this statement to the
teously conceded to him his right OF jurisdiction.
Meantime only one party, man giving ms name
confined in the Tombs He has been positively den-
tilted as having presented one OF the forged checks
and received the money upon It. the present pre-
also the recipient OF the remainder OF the money,
though thus far no positive proof has been
bank has not received back any portion OF the
money paid on the checks, and 1t ls equally clear
that more skful forgerles have been perpetrated
In this city for long tme no less than three sepa-
rate names having been forged on each c0ecR and
successfully done as TO lead TO prompt payment
OF the money without tue ordinary precauti0n-and
especially in cheeks Of such large sums and partcu-
larly when the person or persons Offering tnem were
strangers-or identification OF those presenting then
A preliminary examination took place yesterday
before Judge Downing at the T0mDs: There was
powerful array OF counsel present Messrs. Ex-Ds. rs
frlpf tfOrn
the bank, Messrs Burr, Davidson Burrili for Jay,
Cooke Co.. and the prisoner being represented by
following adavits first made before the Judge
showing the cnecks TO be forgeres:-
ss YS c and css IN Nee YS msp5y an ,5y
l2h April 1862 city OF New York. in the county
CT Tx
s ni 'a 10 e s 20 Of S A
YORK April ~ 1862 properly stamped and
3 Tm presented shs dspenen. is The paying
teller OF the National Sans OF the .s OF n Anew a. ns Ss
o therefor. That depoaea in exchange for the
in awia money none Anerea ana Ha said
Smith eft the said bank soon as he receysd the said mo
hs seh day of April
a:a G g s and s sI that he
ass.s.aa. s. cashier osnsas Co.
in me % Of bs sw a i as has a %
s S y Co. a% S s 9 IS n saa
in the the said Jay Cooke Co. aa!aori1ed e draw
the ALIEN. b NIL
sworn before this Goth day Of April, 1863 JOSEPH
DowLING, Police Jcntice.
In addition to the particular check referred TO In
the above afldavlt there were, as Will be remem-
bered, five others, Their aggregate being ABOUT
$26,o0o, and ali presented on the same day, with
only short interval between the presentation Of
eacn.
EX.DIstrlct Attorney Courtney, on behalf Of the
court, desired permission to cross examine the Wit
nesses as TO the alleged forgeries.
Justice Bowling reused To comply with this re-
quest, the ground that the people were the sole
prosecutors In the case and that neither the bank or
Jay Cooke Il Co. had any standing Whatever as re-
garded jurisdiction. complaint mad been made
behalf OF the people against the prisoner, and not
by any bank or other corporation.
Mr.. Courtney still insisted on his right to enter
upon cross examination.
The Judge was unyieding on the point as to what
he considered his rights and the rights OF the people,
winch lie said he should persist In maintaining at ali
hazards
Thus closed yesterdays proceedings. The Judge
meantime ordered his ceck5 TO taSe other aildavit5
and prepare for full examination IN Tie Case at an
early DAY.