The New York herald., 1873-11-27

ana that they participated In thls But IL
ties did the act OF endorsing or procured
the doing OF the act by which the paper was made
OF signing is chargeable to the person who directs
TO sign as well as to the person who signs, even
though the former never touched pen TO paper bor
ne does himself, and II the person signing believes
the person who directed him had full authority, all
II the jury should find the defendants
made the endorsement under circumstance
dnd that they had no authority from Heath Il
Smith, and that it was done to injure and deiraud
not the person whose name is used. Necessarily
II the intention to defraud exists, that Is enough
and the intention is laid in the Indictment as one
to njure this county. The county would not be
liable without the endorsement, even though the
warrant was got by fraud; and Ingersoll would
have no claim on the county without the endorse
tes nigh. be- arrested at tSas stage s
the truth was known. as 10 the second
count. 1t was sufficient to establish that
the defendants uttered the warrant Knowing II TO
be forged for the purpose OF getting money TO the
credit OF the county in the Bowery Bank to the
Is that the s was made out With that intent and
Ingerso!l being Court House Commissioner, the
name OF the extinct firm OF Heath Smith was
used, the bill being fraudulent one. 1t bears at
the loot skeleton OF an afidayit not filed out and
signed BY =. s.: Heath, and certified by
]. Walsh. said 70 be Court House Commits:
sioners, and has attached q receipt not nled
out at all It Is claimed I'm fna having maae aas
the crime by forging the endorsement Of Heath a
Smith TO the warrant. Although person cannot
by proving that he committed another crime, yet IL
is often necessary to prove facts historically, and
otner act. There was no proof Of Heath 4 smith
being used as firm name for any purpose after
the dissolution OF that nrm and their being
Company. The old firm had no dealings with the
county. and the members knew nothing OF the use
OF their name. The question for the jury, then,
was whether the defendants had right to set
down and use the name Of the extinct firm any
% S tine
Company, and that Heath knew all about 1t,
and Ingersoll, being President Of the company,
received the amount, and that the day before
he had given his check to the company
for the amount. II there was a bona dde claim
for any purpose to get the money for the Heath
Smith Manufacturing Company, though the pre-
senting Of the bill in false name would be fraud
ulent there would be no forgery In endorsing the
warrant. In reply to this the prosecution say the
claim never existed at all One would expect proof
OF the last items in the bill, without any date
was repairing boilers, putting in tubes resetting,
work. Here are 800 umbrella stands charged
against this Court House at 5000; then re- re,
pairing and packing cylinder. sl7oo; then LOO loo
to prove these things were done or devered) then
pipes, fitting and labor, $685." DC. All these
been proved correct. Then. il the books were pro-
duced, That might be proof Of the ace
count There were some bills of 500
Sought for sSs Court HoUse ana marked
G. H. 1t would be relief to my mind II it was
proved they were so purchased and delivered. II
the bill was q genuine one and Heath consented TO
1t, he would probably have receipted 1t and en-.
dorsed the warrant and allowed it to be collected
for the company; but. though the case was not
free from doubt the evidence was that the writing
was not Heath's or Smiths. Mr.. Harrington, 1t is
considered, wrote the body OF the bill, and the
pert testifes that the signatures were written by
the same person; 1t does not become SO material
the agency and under the control OF both or
either OF the defendants Tor both to
gain object the signatures mat Were IN
hands December s0 1t trequred the endorsement
for payment and was endorsed, and in the absence
OF explanation the jury had to decide on these
Iacts. II they believed the defendant Harrington,
had leave OF Heath to use the name OF Heath
withstandins the enormous frauds on the city that,
we all believe, were committed and which
proved in another ,s.ss; you are
Of number Of frauds you should remember it is
should be held to strict account and punished.
Such offences show not the yielding to sudden
deiberation IN robbing those whom they were
punishment. II you find both or either not guilty
acquit; II otherwise, convict.
VERDICT OF THE JURY.
The jury left the court room at ten minutes to
audience, which was small, at once left the build.
ing. Ingersoll appeared extremely nervous while
he was endeavoring to look unconcerned. His
father and several OF his friends gathered around
n and Of ,ae wn but nm de
what he could, was unable TO totally
conceal his anxiety. During the Judges summing
up he looked pale and hurried but his face had
ieversn flush after the jury had left, and for the
greater part OF the time ne sat twirling his hat
nervously about in his hand and gazing about un-
easily. Harrington, though evidently nervous,
wore a calmer look than Ingersoll, and conversed
freely and gayy with his friends. However, at one
friends referred to the determined look OF the jury,
and rallyng finally with an effort into an appear
ance OF composure remarked, I'VE must keep It up
now, John,n apparently referring to the OF
keeping up his courage At 20 minutes after nve the
Jury The Two aad a. once toGK
scanned the faces OF the IL men. The Clerk was
absent and an officer had to be sent for hum,
and for upward OF five minutes the jury sat In
their seats awaiting his appearance, the prisoners
meanwhile closely observing them as II to ascer-
tain beforehand the tate tnat was IN store 1Or
them-whether II was good or bad. But every
juror sat srolid and unmoved and by no outward
sign giving the slightest evidence OF what the
verdict was to be- Finally the Clerk arrived and
the jury was poled and then came the end.
What say you, have you agreed upon ver-
dict ?'' asked the Clerk.
I'VE have" was the Ioreman's reply.
Then IN answer to the usual question as to he
oan hs N es U
deadly pale as the verdict was given, and lngcr-
soil bowed his head in his hands and bent down
and, despite his efforts control himself terror
and dlsmay were shown in his every look and ac-
ton.
The District Attorney moved for sentence at
once, but the Court at the request Of counsel for
the prisoners, postponed u 10 Friday next The
commitment was then made ont and handed to
Order OF Arrest Clerk Judson jarvis who repre-
sented the Sheriff, who Immediately took charge OF
the prisoners and conveyed them TO the Tombs
where they will remain until tomorrow friday
And thus has ended the second 'Ring' trial with
another victory for the people.
q q a
porter Of Mr. Phelps as the prisoners were taken
from the room
al don't know" was the curt reply.
sOf course the parties now indicted for frauds
against the city VINO have not been tried yet VIII
be tried next termW
II dare say they will all be tried In time" was
the answer, and Mr.. Phelps went his ways peace.
fully and smilingly.
Ii may be OF interest for the uninitiated to know
that the highest penalty for forgery IN the third
degree-the crime Ingersoll and Harrington have
been convicted OILS ten years IN the state