New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-10-28
DEFRAUDTNG THE UNITED STATES GOVERNMENT
Robert b Clarke was arraigned in the UniteC


Robert b. Clarke was arraigned in the United
States Circuit Court yesterday before Judge Benedict
on charge OF counterfeng, and having in his posses
sion counterfeit tobacco and other stamps with intent
violate the Revenue laws. In the first count Of the III
the prisoner charged with having IN his pos
session. the 3Oth OF October 1862 quantity OF coun
teret stamps and plates with intent TO them in the
he charged with having in his possession
for the purpose OF utterng about 5000 Internal Revenue
stamps of cent each In the third count he l. charged
with having IN his possession with intent to utter a5
the fourth count he is charged with having washed
quantity of 80 cent stamps with intent TO pass them.
Mr. John s. Dye testified: on the 9Oth Of October 1859
visited No 3l7 East Thirteenthst where the prisoner
$50 sheets of Oneccnt counterfeit revenue stamps; have
a sample in my possession stamps offered in evidence
Of them in my possession gave the to Col Whitley;
also. large quantity of washed" stamps and G.
pound plate for printing tobacco stamps; think there
bed piece Of onecent stamps these articles were
found in bureau drawer and around the room; the
packages of stamps round the room were enyelOpcd III
wall paper; put the articles in yase and gave them
to Col. whitley; the prisoner was present with Col
Whitley when got to the office, a young named
Herring was with the first time when found the
produced the 3Oth Of October in Mr.. Carke's
all the articles produced seem to be the same delivered
Gross examined by Mr.. 'BeIl-I went 10 Clarke's
between and o'clock; 1t Was daylight went With
don't know why had him go with beyond that he
was FOUND Col WsyS See don't 5d know S why he
ing to make an honest penny.
o. Could he make an honest penny by going 10 your
object lLaughter A. Wen, by getting Information
Witness continued-He never gave information
that amounted 10 anything. but believe he did te
O. You know that Sanford was sent to the State
Prison do you know why lie was sent there Objected
Counsel for prisoner said that the relevancy Of the
question was this that their theory that this
man Sanford Cowsin took the articles In question
the of Mr. Clarke for the purpose of turning an
honest penny and left them there in order TO convict this
of this charge They had been informed that at the
time of the transaction Sanford had Just returned from
Assistant District Attorney Purdy said that il they
could prove that no one would be better pleased tha ne
but they could not prove any s9eh laet az tey n'o
stated with regard to sandford the objection was ss
Witnes. continued went to Clarke's room second
time because thought there was place that had n0'
sr SSt Se Dates there was such
large quantity of stuff which took away that thought
operation Of my own mind took sa dford because ne
was well posted In such things, .. Co.,. O..,o.
Col. H. C. Whitley OF the United states secret services
testted- saw prisoner the S0th OF October o6y
at my Office, No. IS Bleeckersti Mr. Clarke remained
he knew Mr.. Hart L. Pierce, and he said he did not
asked if those were his stamps and he SAID th.y
we're he said there deal OF property there that
did not want and gave him syringe and quantity Of
letters that found; he said that when ne ast e us
room the stamps In the bureau ana not IN the yse.
Counsel for prisoner here interposed, ana sald ne
would like ask questions as TO what Inducements
were Examined ne by Mr. Bellwhen first Clarke said
that wanted him; did not say This Is Daa business
your denying this as know all about T. nor qua say;
You might as well tell me all about IT, dld not tel
him wanted him TO aid the Government.
Direct examination continued-The prisoner sat dONu
on the sofa and said There s no use OF your makga
fuss about this will tell You all about i he SAID no
had lent some money those things To Mason VINO was
friend OF his To get him out Of trouble; said 10 nm;
That il too thin mir Clarke there were lao sheets o
stamps about 200 stamps ON each sheet the snee'
produced is one Of them ,,--,.. ,,u
Counsel for defense objected 10 their admission Tor
dentcatOn on the ground that the particularly oI n
stsmns was mot mentioned in the Indictment In the
tenth section the act there was no mention OF
tary stamps and the stamps produced were OF tnat
actor Proprietary stamps were the exclusive properly
of the owner and the Government own the netessl,
drawing distinction between stamps ana proprietary
stamps. A. ~ o-o.,,,ort that
N WAS contended on the part OF the Government 'ss
the act Of Congress referred "a all stamps anu tna IN
stamps sought to be offered In evidence were STAMPS
common use among the community, and could DC oouens
anywhere. -. ......ot sta,ufes
The Court said that as there were seV.r s , m
bearing upon question at issue, he must tahe ' "
read them over. he would reserve MS declsloL 49,
several other points of law having been ih,tu ~
counsel his Honor said would be better 10 auloui O
until they were decided ,,.,. ,,o-o-,nent.
Deputy District Attorney Davis and Assistant ,n
Attorney Pupy; for the defense, eAJuuKo f""'
exJudge Stuart, and Mr.. Joseph Bell.