The New York herald., 1871-12-20
COUNTERFEITING. G.
Trial of Miner, the Alleged
COunteraeiGer.
Close of the Testimony for the
Prosecution.
II HI IL ID H II H NJ 9 II !.


felter was resumed yesterday In The United states
Circuit Court before Judge Benedict. The proceed
Ings have now occupied seven days. and will GER
talnly the rest OF the week. Public interest
In the case is still maintained 1t Is no eXaggerauon
whatever to say this Is OF the most remarkable
| Investigations OF criminal character that have
Il taken place In federal tribunals for the past
Il seven years
Mr.. Pierrepont, Mr.. Purdy and Mr. De Kay con-
Quoted the prosecution behalf OF The government
Mr. Fullerton ana Mr.. d. X. Phelps appeared as
1 Counsel FOR the defendant Miner.
II WILLIAM W. APPLEGArE's TESTIMONY.
\ William W. Applegate testlhed:--When Ballard
was arrested he Kept for the eight; next morn
II ing went with HIM 10 256 Rlvington street; we
n found there two presses and some other machinery
for the manufacture or counterfeit money; we also
Il found some nbre paper, on which counterfeit notes
are printed; Ballard then resided at 256 Rlyington
n street, he went into the sub.nasement and took out
from there large amount OF counterfeit money and
several plates for the printing OF money OF that
character; marked portion OF this money wit
isess identified the money; we found also In Bal
lords house several engraver's tools; they were
packed up; 1t required three men to carry them
down stars; / found there plate for printing
81, 600 counterfeit bills.
Cross-examined-I do not remember that Cole
was searched in Colonel Whiiley's Office when
Miner was searched; remember that Ballard was
searched there; don't know how it IS so dis.
tnctly remember that Miner and Ballard were
searched, while l cannot remember the same fact
In regard TO Cole.
TESTIMONY OF LEWIS D. WHITNEY. :.
Lewis b. Whitney was the next witness sworn
He said:-n 1855 l arrested Miner, with quantity
Of counterfeit money in his possession, at Cleve-
land, ONO: he was then known by the name OF Q.
). Summers or J. d. Miner (Miner, VINO was sitting
nsar his counsel rose from his seat, when the wit
HAL IN.
Miner was tried, convicted and sent to the Penen.
tiarY.
examined-I was Deputy Sheriff when ar
rested Miner; l am not acquainted with Cole; ]
have him Tor the first time ID this Court; am
quite sure Miner is the person arrested at Ceve-
land; he told me that his name was J. d. Miner:
am not sure tnat he told me his name was Joshua
ID. Mlner have seen the indictment upon which
Miner was convicted IN ONO; thinS mere - q u.
IN his name IN the indictment; Anchcsl, VI Coionei
Whitley lorce, has description OF Miner at Inc
time lie was sent TO the penitentiary; after
looking at mat description IL dld not enable
= me TO recognize amer; TINS description describes
scores in MINERS nanus; l have MOI looked 10 see II
there are sucn scores III the hands OF Miner
description OF Miner hi nded witness, who ala not
recognize 1t the Anchesi had shown himl;
did not say tnat read the description, cut that l
only saw IL; DO not swear that this description
was not read to me.
Mr.. FuLLERroN asked for the production OF the
description OF Miner at tae tlmc It WAS alleged ne
was convicted iii Uhio Lie would stand or fan 10y
t~ft He understood IL was III the hands oi the on
mir. PlEkREroNT replied that no ever saw
this Description IN his hands. He knew nothing
The description was not forthcoming, ana the wit
ness went Oh 10 say now keep billiard saloon III
Erie Pa; have arrested several persons; Judge
Redirect can recognize Miner, independent Of
the description; am positive that taat man lpolut-
ing In the direction Of Mlner) Is the person ar
rested.
charged the dc cndant had been tried IN ONO was
cplled lor by the defence, and produced by Mf.
rpsTluoSy OF rHlLETus $. BoswoRTH.
Pniletus 81 Boswortll testiued:-l lived IN Cleve-
land, OHIO In 1855; was deputy shcriH ana ieilor
: there at mat and assisted 10 arrest Joshua ID.
Miner; Miner (pomlIng to nim) IS the man ar
rested: s7 900 Ia counterfeit money was found upon
hlm AZ the time OF MS arrest; cannot be mistaken
Crosse xamined-Miner was sentenced to the
Penitent.ary for three years; was Jalor for eight
monlns was present when Miner was red IN
Cleveand; wnen ne was tried he SAID his name was
Joshua y. Miner; was put on the record a. ). Y.
Summers Josaua ID. Miner.
TEsTIAoN4 or MILLER NJ. sPANGLER.
: Miller N. spangler, VINO stated lhat ne ne LIVED i ~
ldenlled Miner as the man he mad seen in jail In
MR.. BoswoRTH RECALLED
When Miner was In IAN at Cleveland man came
to me and SAID ne wanted 91ds to & know mad a., man
sad. II want 70 see nin nc Is MY brotner" Miner
: wanted TO br,pe me 10 let MN out.
THE GOVERNMENT REST THEIR CASE.
This was the case Tor the government.
Mr. Benjamin X. Phelps opened the case to the
Jury bcnali OF the defendant. lie commenced In
severe terms upon the evidence Ct Cole ana Rem
hoch anu uenpnncea @ te oss lenoous wvn ne S,
hibited 10 the Court ana Jury diagram OF the
.aiimony anu observed that ii Kennoch stood in the
position lie said he dld on the nignt Ill question ne
could not nave seen going INTO Miner mousse
at all. AT sixty stree 1t was so dark that
II was utterly lmpos lbc Tor Kennoch
70 c, have Wes seen s, anything hns n ranpSa aat
Kennoch and Bauer were directed not lose sight
OF cole, yet The testimony showed That they nad lost
tn
transactions with Miner year ago. Counsel laid
the marked mohey, CHARGING ai it Was never ln
tended TO pe use1 In ils prosecution at all, ana thut
lion before the Comsslocf Kennocn and apple
gate never isped single word aoout The marked
gard 70 the esoy OF the wtnesss who cc
Forward 10 identity Miner as tIe man tncy mad
whetuer they o coaa Seieye me men WY VINO 20 aer nT
. the lapse OF seventeen years, came forward TO
Uttered ps his learned associate 10 ine government
10 produce the description or Miner He would
abide by that IL would snow that the man tired In
ONO was some three ionr inches less IN height
than Miner. It would be proved that Cole, wnen ne
package whicn was subject of this INQUIRY that
he also had II when lie walked down the Boulevard
wltA Miuer, ana that Miner ana Ballard dld not
come within TWO blocHs OF each other Upon tue
testimony TO &c offered the jury could not refuse TO
believe tliat part. In concus on Mr. Phelps ary
urged that the whole case was surrounded Dy fraud,
1mposturc and lasenood.
Joseph q. Hyatt dcposed-i went to Miners nouse
in the lall OF last year IN the latter part OF Septem-
Der; went III, ana lounu Miner in the yard; there
was also present q man by the name OF George
Baldwin; incre was wooden teach there, under
the trees, ana Miner ana Baldwin were sitting IL
when went in; Colonel Whitley came In at tnat
time did not know his nanlc, but learned t alter
wards; should know him again. (Colonci Whitley
came into court ana the witness identified him.l
Y We oil SAT In the yard Miner, myself and Baldwin;
tail man came III and Miner said, "H0w do you DO,
Colonel ~ the tall man sad, 'Miner want TO YOU
privately - Miner replied, ~ nave got no privacy or
secresn or words to that effect; "Go on Colonel,
ana tell what you want;' Whitley sad, "You faed
10 keep your promise III wrUng that lctter;r Miner
observed 81 VIII do II now" Miner came out oil MS
house short time afterwards with what looked
like an open letter in his hand; ne then read from
that letter .Sir,r or "Dear Sr''-I forget exactly
how II was but 1t was about that-"I understand
from Colonel Wnttley''-that was the first neard OF