The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-20
HE co u r T S.
Alleged Forgery Of Distiller's Bond-Decision
in Admiralty Of the Internal
Revenue Law-The Wards Island Lit-
gation-Action on a Note-Busi-
ness in tho General Sessions
UNITED STATES CIRCUIT COURT.


Yesterday Judge Benedict entered Court at the
usual nour and proceeded with the trial OF criminal
cases. The Judge stated that he would Sit for two
weeks Tor the purpose OF discharging the business
upon the Calendar.
gentleman named GIBSON, who had been sum-
moned 70 attend as petit Juror, asked TO be ex-
and broker, would be much injured If he were, as
Juror, Obliged TO absent himself from It.
Judge Benedict must refuse the application.
cannot make any exception IN favor OF bankers and
brokers.
NoLLE PRosRQuI.
On the motion OF Assistant District Attorney
Purdy nOte prOSeQut vas entered In the case OF
George wendelkin The accused had been indicted
recently taken place.
Alleged Forgery ON n Disiiller's BOnd-AIleged
'Straw Ball."
The Court then proceeded with the trial of william
Messlck, who Is indicted for having forged q bond
In the case OF the United States VS.. Twenty four
Barrels OF Distilled Spirits at No. 10 Cedar street.
This matter involved one OF those affairs which are
cassed In the Court under the caption OF .'straw
ball." The defence set up was that at the time OF
the commission OF the alleged offence Messlck was
insane morally insane. Among the witnesses
called was the mother Of Messick, who gave evil
dence to tue effect that her son got sunstroke
about three years ago; that from that time
up to the present he had not been In
his right mind. and that physician stated
asylum; no was under the impression or cOnvlc.
ton that ne was man OF vast wealth, when, In
the world; he was once wen Ofr ana IN very COM
Portable circumstances but he had lost the whole OF
since he received the sunstroke; he has pedded
twlne Tor q living. and given his mother a portion
OF tue money he got Tor 1t; his memory was very
much impaired; he could not remember on one day
what had been done on the day before; he would talk
nationally on subjects for few moments and then
wander The witness added that she thought her
son had got better since his imprisonment.
sister Of the accused Mrs. Noyes, deposed that
some few days before her brother put his name
upon the bond she and her mother had arrived ut
the conclusion that he was out OF MS mlnd ana that
they would nave to send him to luna.ic asylum;
he complained much about pains in his mead, and
would get up at night and oathe his head with cold
water; MS general condncs showed ne, taat ne was
lived with them seven years IN that conditions: 1t
was his naolt to boast that he was the owner of a
large properly, put MS mother and sister paid no
attention TO him, because they were fully aware OF
the fact that he did not own any property or possess
Mrs. UnderhIli and Mr.. Magnus gave somewhat
similar testimony.
knew the defendant thirteen or fourteen years; de.
PENDANT would come into Witness Oice staggering
ana n ina. e u grea. aea m 9
home; witness said to him that II he had 80 much
property he ought to get mortgage upon 1t for the
purpose OF raising ana having some money; wit
ness believed Messick was In such state OF mind
that he would do anything ne was told TO 40.
Mr.. Middleton and Alexander Ii. Clement were
also examined as to the defendants state OF mind.
One or these Witnesses said that on one occasion
Messick came and told him that he could buy u
large cigar store, with valuable stock, for $685. and
wanted witness to ADVANCE that money; his mind
getting worse since he had been separated from
his wife and family.
Jonn A. ShIeIds United States Commissioner,
testified that the defendant was arrested and
brought before him; the man appeared to be ex-
cited; he stated that other parties had instlgated
him to sign the bond; ne gave tneir names, and
when these parties appeared Messick said they were
the persons ne had named, but that they had not
done anything. on cross.examinatlon MI. Shields
said Messlck asked for an examination
Meacal evidence, including tnat OF Dr. Franklin
W. Hunt was given to show that Messlck was In
such low mental condition that he could, by
clever person, be almost induced To do anything.
Reoutling testimony was given by Mr.. Sidney De
Kay and Mr.. Emerson, OF the Unteu states District
Attorneys Office, with the view OF showing that Mes
sick was person OF ordinary intelligence, so far as
they could Judge from the statements he mad made
TO them IN their oicia position respecting the bona.
Dr.. Mer litn Clymer testlfcd 10 the effect that ne
had made two examinations or the defendant who
had exhibited TO him no deluson Illusion or hallu-
cination. lie believed him 10 be sane.
DIR. Hogan examined upon the same point.
HIS testimony went TO support that OF Or. Clymer.
The further hearing Of the case was adjourned till
this morning.