The New York herald., 1873-09-16
THE NEW YORK CENTRAL FOR
'GERIES.

The Two Sides OF the Johnston and
Yates story-Amateur innoccnts ON
One Side and Full Pledged EOrgers on
the Othcr-Bau Fixed for Them.
At length alter a weeks sharp preliminary legal
skirmshing the question has been settled as 70
admitting to bail James W. Johnston and James y.
Yates, charged with being implicated in the recently
developed forgeries OF New York Central and other
railroad bonds. AS heretofore stated in the
HERALD the Grand Jury of the Court OF Oyer and
Terminer, after finding one indictment against
each Of the accused, subsequently, brought in thr
teen additional indictments against Johnston and
fourteen new ones against Yates, an avalanche
of indictments, in TACT, OF rare occurrence
and evidently intended for crushing effect. This
however, evidently did not discourage eX-Mayor
Hall and Mr.. william f. Howe, the counsel for the
prisoners, for, in the face OF all THIS the applca
ti0n to admit them to bail was renewed Yesterday
before Judge fancher, in the Court oil oyer and
Termincr.
MIR. Hall, who first opened the application on be-
half OF Johnston saying that he noticed his friend,
the Assistant District ATTORNEY, had been most
liberal patron or the printers and stationers IN the
this had been done unmindful OF the evidence
against Johnston. There could be only one charge.
The case would either have to Use or fall by the
| utterance OF forged bonds, and the application
for bail being made in good faith, the presumption
| from the Indictments against the prisoner, which
was TO be considered by the court as p'i1t1 Jdcte
evidence that o crime had been committed, was
OVertnrOWn the IacJ LlaJ PRISONER ndu Hluue
inquiries at the fountain head rs to the genuine
| ness OF the bonds beior dsposing OF them. The
bankers who negotiated them might as well have
been indicted lie referred to the OF the
People vs. Baker and also read Judge Cowles
OPINION in that case. He then went on
10 say that the present indictments adduced
no testimony; and further, the Distrc Attorney
had also refused to dvulge, and evidence had been
elected before the Grand Jury. He therefore
con tended that no excessive bail should be fixed,
and that the circumstances surrounding the case
of Johnston OF that peculiar character show
ing that the police had simply arrested the inno
| cent amateur and not the guilty professional.
District Attorney Allen, in reply, said that,
for prudential reasons he did not deem II advsa-
| BILE at this stage OF the case to disclose
| the testimony upon which the indictments were
found He asked that II bail fixed the prisoner
| be held under each Indictment. The prisoner, he
| contended was In the circle OF the principals.
| Judge Fancher said that he thought the circum.
stances justified admitting the prisoner to bail lie
fixed the bail at $4,000 on the rst indictment and
| 81, 900 on each Of the subsequent indictments.
| The case of Johnston being settled Mr.. Howe
renewed likewise his application on behalf Of the
| prisoner Yates. He claimed that Yates was ready
and xous to proceed to trial at once. as he could
| prove his entire innocence OF any completely with
| the bond-iOrging transactions.
Judge Fancher granted this application. fixing
| the bail IN the same manner as III the case ol
| Johnston.