The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-17
COURT or GENERAL SESSIONS.
Alleged Forgery OF a Satisfnction Piece
A Technical Acquittal.

a A6chnlcna Ac4u1ttnls
Before Recorder Hackett.
The fore part OF yesterdays session Of this Court
was consumed in the trial of an indictment for
forgery in the third degree against Henry NJ. Low
enstein, the allegation being that, on the 10th OF
May, 1870, he forged satisfaction of Judgment
with intent to defraud William w. and Charles A.
Robbins. 1t appears that these gentlemen OBJ
tanned judgment against A. Lowenstein, the wife
OF the defendant in the Supreme Court for $3.50 49,
which was entered on the 18th OF May, 1865 As
sistant District Attorney Russell opened the
case for the people and called Isaac I.
Brown, docket clerk in the County Clerks
81 June, 1872. L0wenstein presented the paper
shown to him 1.-THE alleged forged document. Mr..
at the time, whereupon Mr.. A. Oakley Hail. who
defended Lowensein, objected to the question,
and proceeded, In an elaborate argument TO urge
tnat the Indictment was defective. The main OBJ
lection made by the learned counsel was that the
so-called satisfaction piece was invalid on its
face ana could not be the subject Of forgery. The
statute expressly stated that before a satsIac-
ton piece could be uttered at all In It's genuine
shape, 1t must be ayerred that the party so Offer
ing 1t was personally known to the Commissioner.
The Indictment tailed 10 set forth that important
fact, and was, therefore, fatal omission.
tended that could not be successfully urged that
at least the instrument In question did not pur
port to the obsaSn which CHI It was in
Russelll not having had time to examine the
ant, ne suggested tnat the trial should proceed,
and these questions be fully argued upon an arrest
Mr.. Hall replied that all things were sprung"
and that 1t would not be expected that he
would publish his points IN advance IN
the newspapers. He quoted a decision OF Judge
Sutherland at the General Term, which he claimed
sustained the objection that he made to the ndlct
ment, and asked the Court to instruct the jury to
acquit his client.
The Recorder held that the point taken by Mr.
Hall was good, and was sustained by the decision
had no objection to permit the trial to proceed II
the counsel TOR the accused would not press the
Mr.. Hall renewed his request to have the jury In
structed to render verdict OF net guilty, and His
Honor accordingly did so, and the accused was &C.
quilted.
A "Fast' Youth Sent to the Penften-
tiary for Stealing a Diamond Pin.
Charles stapf, youth, was tried and convicted
Of grand larceny he having stolen diamond pin
on the 10th Of July last, valued at $175 from the
person Of Miles Connolly. Captain Mccullough ar
rested the boy In q gambling saloon en- Broadway
and found pawn-ticket tor the pin in his pocket,
accused told the Captain that he took it in
dark" but when he went on the stand had the
audacity to swear that he picked 1t up on the side
walk.
The Recorder, in passing sentence said that
Stapf was bas boy; but, as the jury recommended
him to mercy, the sentence was modified to i'm
prsonment in the Penitentlary for three years.
Larcenics.
Ernest Kraus pleaded guilty to an indictment
charging him with stealing clothing, valued at s35,
from the premises Of Ludwig Trambauer, on the
18th Of February. He was sent to the state Prison
for two years.
VIM. Brantigan "a boy) charged with stealing
bracelet, watch and $50 In money, on the 7th
inst, the property OF Margaret C0glcy, pleaded
guilty. AS the prisoner was under sixteen years
OF age, he was sent to the House OF Refuge.
Acquittals..
Henry Sturtz, foreman In Singers Manufactur.
ing Company, was placed on trial, charged with
cutting Albert Wirl In the wrist with knife, on
the 18th OF October at 249 Broome street. The facts
developed in the trial showed that on the day In
question the defendant. who was shown to be
very peaceable man, accompanied VIM. schade and
Caroline Keeling to the house OF the complainant
to demand retraction OF an alleged slandereus
statement. Wirl took up knife and threatened
to kill them, and while SturtZ held his hand to pre-
vent him stabbing Schade, he was slightly wounded
in the wrist. The jury promptly rendered verdict
OF not guilty.
Ferdinand Blelschofski was placed on trial
charged with obtaining $4S by false representations
from Jacob Stantherman on the LIST or February.
Alter the examination OF the complainant had pro-
Ceeded for o while the prosecuting eincer stated
that he was satisfied he could not prove the offence
and abandoned the case. The jury were instructed
to render verdict Of not guilty, and the Court ad-
journed.