The New York herald., 1872-10-15
COURT or GENERAL SESSIONS.
Alleged Embcxxlement-Aequit OF the
Accused.

Alleged cxxleme ment-Aequittal OF the
Accused.
Before Recorder HaCkett.
The trial Of Joseph H. Pagnan, charged with en-
besxlement and grand larceny, which was COM
menced on Friday, was resumed yesterday.
The complainant, Charles Knox, testified that
the accused had been in his employ as cOnndentia,
clerk and bookkeeper for twenty years. at his store
In Broadway, and that upon inspection Of the cash
book ana ledger In connection with Mr. william
Sullivan found that $2,673 90 had been received
by FagnaD and entered by him in his own han,l-
writing and that he never accounted to him (KnOx)
for the money, but randulenty appropriated 1t TO
hie own use. He further HwOre that when the ac-
cnsed was charged with this OYeDcc he admitted
that he had taken IT, and said he was sorry and
Hr. townsend examined the .e comp'ainani %
at great length, and brought out the fact that he
gave general release for 1000 to the accused OF
two houses from Mr.. and Mrs. Fagnan, which they
owned in Brooklyn. He said he did not remember
that Fagnan, in the presence of lawyer named
Dickerson, asked him to return memorandum
book, which he handed to him the day previous at
his house In Brooklyn.
testified ~ to how he discovered the alleged fraud
ulent entries
The defendant testified In his own behalf, the
substance 0f his statement being that Mr.. Knox
was In the habit OF borrowing sums Of from $25 to
500 from time to time, aud that he inserted the
amounts In his private memorandum book and In
posting the ledger deducted the amounts, making
them correspond. He said Mr.. Knox borrowed the
little memorandum book from him at his house In
Brooklyn and when asked for II q day or two after
he (Mr. Knox pretended he knew nothing about 10.
lawyer named DickersOn swOre that he was In
company with Fagnan when he visited Mr.. Knox,
and that he heard the accused ask him what he had
done with the little memorandum book given to
him the previous day, and that MI, Knox responded
he knew nothing about it.
great number Of witnesses were examined on
both sides as to the character OF the complainant
and tho accused. The gentlemen called by the
prisoners counsel testified to the excellent reputa
ton OF Mr.. Fagnan for integrity, while some OF the
defendants witnesses swOre that Mr.. knOx's repu-
tatiOn for truth and veracity was not very good.
Some OF these witnesses had had legal cOntrO-
versies with the complainant, and others were hat
tcrs, rivals in business with Mr.. Knox.
District Attorney Sullivan. produced rebuttlng
evidence upon this branch OF the case, large num-
ber OF gentlemen testiying to the truthfuness and
business integrity OF MIR. Knox.
The Jury rendered q verdict Of not guilty, which
was the signal for manifestations OF applause by
the friends OF the accused, who upon the announce.
ment OF the verdict WAS discharged.
Tho Jones' Wood Homicide.
Late IN the afternoon young man named James
Kelly was arraigned at the bar charged with the
murder Of David Dorian on the 7th Of September,
1s7l at jones' Wood. There was no delay occa-
stoned in obtaining o jury, Mr.. Howe not having
interposed any technical objections ON the part OF
the accused.
one witness was examined, and the Court ad.
jOurned.