The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-16

Termination Of the Trial Of Reavey and Thomas
for Alleged Forgery Charge Of Recorder
Hackett-verdict Of Not Guilty.

which has been on trial for the last five davs before
Recorder Hackett, was brought to a close vester
day. The case has created great deal OF interest
among certain GLASS; and although It has not heen
SO fully reported In the newspapers as many of the
important trials which are continually taking place
In the General Sessions, it will be remembered as a
case OF more than ordinary Importance.
At the assembling Of the Court yesterday His
Honor the Recorder proceeded to charge the jury.
He said that forgery, at common law denoted
false making (which included every alteration or
addition to true instrument), o making, nalo
amino, OF any written instrument for the purpose
of fraud and deceit. The crime could also be
briefly expressed as the fraudulent making OF
appare parse of some legal eeacy Suia rS be
statute under which the Indictment was framed
and upon which the accused are now upon trial
provides as follows :-"Every person who shall be
convicted OF having forged, cOuntereited or falsely
altered any deed or other instrument being or
purportlng to be the act OF another, by which any
right or interest in real property shall be pur-
port to be transferred. conveyed or in any way
changed or affected, with intent to delraud shall be
guilty OF forgery In the first degree" To convict
the accused or either OF them OF the charge the EVIL
dence must have established free from all reason
Taylor at the time of the signing by her and her
husband respectively OF the deeds OF conveyance
premises s2sest Forty.third street. That She was
such owner Is shown by the proof, and is conceded
by the accused; second, that the deeds so signed
by her and delivered to the accused Reavey, who
was there acting for Thomas and herself were sub
sequently filed up by them, or falsely altered by
common intent to defraud Mrs. Taylor out Of her
property. II the evidence satisfied the jury that
y on % er M
the papers she was desired by them to execute were
simply to obtain an Injunction from court to re-
erty, and that the accused made such representa-
tons with the felOniOuS intent to defraud her OF
the and aha Of te q
submitted to her for her signature, and
believing in the truth Of such representations did
sign the said conveyances, it would be the duty OF
the jury to convict. II the evidence satisfied them
beyond reasonable doubt that, after the execu-
ton OF the deeds by Mrs. Taylor, the accused, act
intent to defraud her out OF her property, did
fraudulently insert therein grant and assignment
OF ner property to Thomas, 1t would be the duty Of
the jury to find the defendants guilty. His Honor
charged them still further that II the evidence had
accused, acting in completely and with common in
tent TO defraud Mrs. Taylor did, after the execution
OF the said conveyances the same being IN blank
consent, frandulently insert within said blank
printed deeds respectively and over her signature,
any written matter whereby she aenated, assigned
and granted her said property to the accused
Thomas, then 1t would become their duty to find the
accused guilty of the charge, If the evidence had
satisfied them that the accused were actuated by
common intent to defraud Mrs. Taylor out OF her
property but that only one or the other was, then
1t would become their duty to find the defendant
guilty whose acts shall appear to have been within
the definitions given, and render q verdict of not
OF intent should be prominent in their delibera-
tions The Recorder then glanced at the position Of
the parties
The testimony of the main witness for the people,
Mrs. Taylor, a lady seventy-three years old, and
also that of her husband II believed by the jury to
verdict of conviction to both OF the defendants
But 1t was the duty Of the jury to criticise the
that Mr.. and Mrs Taylor had passed to extreme old
age and were subject to the various infrmities in
cident to advanced age. The jury were to consider
uhafh nr hair IN, oil
feet as to the transactions OF January T. 1871 also
all the representations alleged to have been made
unctonsi her statements as to the purchase of the
premises In 1870, the price being $9,25O, two mort
cages Of 1000 and cash payment made by her
OF $2,250; her statements as to the
twenty years Of afiectionate attachment she
had borne Thomas; that she had regarded him
certificate of good character up to the time of the
alleged fraud. All the material statements OF Mr..
and Mrs. Taylor were denied by the accused and
tending to show that Mrs. Taylor was unworthy OF
belief His Honor called special attention to Judge
Edmonds' statement OF the interviews had with
Mrs Taylor, which might have tended to show that
she knew the character Of the papers she signed.
betrayed and deceived into afilxing her signature
to the conveyances, and consulted Judge Edmonds,
had been perpetrated, and that he counselled her
to make the agreement OF q life lease, does
not affect the fraud ;, forgery claimed to
clusion the Recorder observed that the case was
of unusual Importance both to the community and
the accused. 1t involves charge of crime which
our law, BY the severe penalty 1t has prescribed
upon conviction, regards as one OF the gravest
Especially is this case of Importance to the accused
involving character and moral and social degrade.
ton, and 1t should be your duty to give to the
questions involved your most earnest and dis
passionate consideration.
VERDICT.
The Jury then retired, and, after being absent an
hour and a half, returned with verdict OF not
guilty. The announcement by the foreman
greeted with manifestations OF applause by the
friends of the defendants
Mr.. Reavey thanked the Court, the jury and his
counsel, reiterated his innocence Of any crmnality
in the transaction for which he was tried, and said
that he would forget the occasion OF his trial
as long as he lived. The Court was then adjourned.