The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-03
TIE $4,000 FORGERY CASE.
Examination Before Judge Bowling Re-
markably Contumacious Witnesses on the
Stand-How Not to Tell the Truth-has
the Case Been flushed Up?-Two
Wall Street Brokers Sent to Is.
the House of Detention. rU

| ID.
Albert Ven saun the forger, was taken before
Judge bowling at the Tombs Police Court yester
day morning, for examination relative to the
charge preferred against him by Frederick II.
Smith, broker, doing business at Nos "a and 30
Broad street. from whom lie obtained $4,000 In
| gold on the Goth day OF August, 1871 Van Saun
| surrendered himself last Wednesday, and was ut
that time taken before Judge Bowling, who ordered
| him committed until the next morning yesterday,
| at ten O'Clock. In the meantime Mr.. Smith was
notified Of the fact OF Van Saun's being
| In custody ana that the examination was
set down for the next morning. When
the next morning came, however, he did not put In
an appearance; so a summons was issued for both
himself and . Mr.. Jonathan A. White, who, 1t was
said, was interested in having the affair hushcd up.
About eleven O'Clock these gentlemen came into
the examination room ut the Tombs, which was by
this time well filed with spectators and friends Of
the parties Interested In the case, Including Van
Sauns mother and wife, both OF whom seemed
greatly carewOrn and troubled On the prisoner be-
ing brought i'm Judge Bowling began the examination
by calling Mr.. Smith as the first Witness This gen.
tleman from the first seemed determined on contu.
macy, and would not testify to anything In partcu-
lar, but persisted in declaring that he did not
ber Judge bowling asked him why he did not bring
the check with him to the examination that it might
time he finally said he did not know where 1t was.
81 took it with nue. when went with the detective
to Canada in search OF Van saun; l have not
SINCE" After being pressed very closely by the
Judge he finally aftera vast deal of stammering and
hesitancy said, Well, the last time the check
was about ninety days after the forgery had been
Elder and myself were looking at it in my
ofilce the check was left in my safe, among my
books and papers; don't know who took it from
the safe; my safe was never robbed to my knOWl-
edge; twas usually kept locked, and had n key to
out, ana | have never seen il since: | don't Know
why the officers looked ut the check: alone COM
pose the firm OF +. II. smith & Co.; Mi. White is
customer OF NINE"
Jndge-Mr. Smith, do you mean to tell me that
when the officers calel to see that check Mr..
White who Is only a customer of yours, and who
has no interest in your business affairs whatever,
went to your safe and took it QUIT
Imaginable, and he would not look ut the Judge,
but kept his eyes continually on the door. Finally,
noweysr ne did manage TO say that such was the
safe. In answer TO the District Attorney he said he
alone was loser of the amount paid to Van Saun
have not looked for 1t since MI White took IL from
the safe; did not bring it to Court because have
not seen it for long time; don't know that have
settling the AFFAIR on promise OF q return OF the
money; don't know that any one has tried to ne
ever having told any one that White owned the
money lost; have never received back one cent
don't remember whether not a proposition has
been made to me to Settle the case If l would not
prosecute the prisoner. soy cf
At this point OF the proceedings Mr. Smith WAS
given in charge of an officer, who was instructed to
remove him from the room, and Mr.. Jonathan A.
White was called in from an adjoining room, where
he together with other witnesses, had been placed
lest they should hear Smiths testimony. Mr.. White
said he was not engaged in any active business, but
he always paid his bliss have an Office at "a Broad
street, same door rs Mr.. Smith; have no interest
IN Mr.. Smiths business; was never customer Of
his; don't know where was on August 20,
1871; don't know when l saw the check
after the forgery / don't know when last
check In the safe; can't swear that ever saw it
taken from the safe; never took 1t from the safe;
smith has told me the check was not in his posses
sion; Smith never told me the check was not in his
possession; never made proposition to any one
about settling the case, nor has any sncl PROPOSE
ton ever been made to me; did not own any Of
the money lost by Smith. Here the Witness
memory entirely failed him. He could not rcco-
lect anything ut all in relation to the case, and
when asked question would invariably reply that
he '.coud not swear to it," ~ don't know whether
did or not.''
After few minutes consultation with the Judge
Mr.. sullivan moved that the case be adjourned until
this morning at ten O'Clock, ana that the two wit
tent0n In the meantime, and that they be not al
lowed to occupy the same apartment
Judge Bowling said that, In view Of the remark
able manner III which the witnesses had given their
testimony, he would grant the District Attorneys
request.
During the afternoon the testimony of Detectives
Elder and Tilley was taken. Both of these men
swear positively that they never saw tho check in
Smiths Office under the circumstances mentioned
by that gentleman in his testimony. Elder says
smith told him White was the principal loser by the
forgery: aud Tilley says White told him some time
since that the whole AFFAIR had been settled up.