The New York herald., 1873-09-10
THE CENTRAL RAILROAD BOND
FORGERIES.

More Legal Wrangling Over the Gases OF
Johnston and Yates-Attcmpt to Ferret
Out the Secrets of the Grand Jury
RoOm-The Story Of JOhnston-The
Bail Question To BE Decided To-Day.
Regarding the cases OF James w. Johnston and
James Y. Yates, charged with being implicated in
the recently discovered torgeries OF bonds of the
New YORK Central Railroad Company, 1t seems q
difficult matter to make much headway in the
courts These cases came up again yesterday for
hearing before Judge Fancher, in the Court OF
oyer and Terminer As on the former occasion,
ex-Mayor A. Oakley Hall and Mr. william +. Howe
appeared as counsel for Mr.. Johnston, ana Mr.
Howe alone for Mr.. Yates.
THE CASE OF JOHNSTON.
In renewing his application ON behalf or Mr.
Johnston, Mr.. Hall said, that the people had
initiated the prosecution and that as to the ndct
ment found by the Grand Jury he had no right TO
inspect the records OF the latter and did not wish
to- 1t was necessary. however. that they should
know the testimony tor the prosecution, and until
this was made known TO him he wished the matter
Assistant District Attorney Allen said he desired
the case to be disposed OF at once. There were
large numbers IN the city anxiOusly awaiting the
result. The ends OF justice required that all the
facts in their possession should not be
made known at present. The ramlhcations
OF these iorgeries were very extended,
He did not think the other side would succeed in
They certainly on their side should bring no wit
nesses. One Grand Jury had ordered some fifteen
bills OF Indictment against one OF the prisoners,
and some ten against the other, and others were
10 follow. Alter consultation it had been decided
In the district Attorneys Office not to proceed with
tnese cases before q magistrate These parties
Mr.. Howe said they had been committed by
Mr.. Hall said he knew nothing and cared nothing
about the consultations in tue District Attorneys
office On their own side they had their acts and
had asked for bread, and had been given stone.
Mr.. Allen said they had come In with two indict-
ments, and this, he insisted, estopped them IRON
going before magistrate.
Judge Fancher said it appeared to him, as the
prisoners were committed by the public prosecutor
Tor grave offence, he could not take notice OF the
examination before the magistrate.
Mr. Hal-Then i make II motion to admit this
man to bail Oh his own affidavit.
Mr. Allen said he should need time to bring in his
facts, and tomorrow he would bring in facts,
among them fifteen new indictments against john
stOn.
Mr.. Hall said he would apply tomorrow for an
order TO have the prosecutor Banks examined in
Court and the names OF the other witnesses iur-
nished.
AFFIDAVIT OF ynHSsroY.
The following is the AFFIDAVIT oi Johnston referred
to above by Mr.. Hall -
,.y Gig ny GT% Ss,tg s. e Sss rot ,Janes W. Johnston
place ono. the times now ,Ssniicnaa
%po ABOUT SS the 1t day Of Angust lss was called
named raycr and who consulted with me about
SonGa aS E & a TO SS sndsea q %
necessary that they should be upon at once but
woni hasten litigation, and requested him
h M Fart OF this e9nycsation occurred In the
vt Ne l5 South kightn street Brooklyn r. ~ openly
empieyeu III. - Banks, of the firm of Obrig Co,
bonds 10 be gennne but having an dea rom ,r TaW
lcrs manne That possibly there might an overissue
,b SIa TO Ne PVT sana on The market made in company
OF Duncan Sherman 1u inquiry at the obces
Ss .a g. at ne agency 5ss sts' ei Gs S
bonds IN tne bank OF Commerce, which resulted
Mf. IN Xsa hat thpy
were sold 70 Mr Ritter 81! per cent on the dollar liar
ment and in good faith and deny any action with sai
Taylor other than above stated, or any knoviedge
forgeresf forreres they really are or spurious AMI
after full statement OF my case y my COUNSEL Messrs
full and substantial defence upon the merits thereof as
BY them legally advised the legal fact My check
Si Williamsburg will show the proceeds OF thc ne
Fotatons were paid over dollar tor dollar, to said Tay
ready and anxious 10 search ior, and whom, can be
bsed ! verify believe can discover and procure the
on my arrest and exclusively my own,
mot ~ anywse connected WIN yne nesoapns Se,9re
sworn TO before me this 9th day of septic nber 1876
THOMAS r. GIInoY, Notary Public New York county
THE CASE OF GATES.
Mr.. Howe said that he d.sircd 10 give notice
Mr.. Gates produced and examined on the question
of bail. He insisted that he had right to examine
the same witnesses as had been examined before
the Grand Jury.
Mr.. AIen-I am astonished.
MI. Howell you will wait little longer you
Will be amazed. As Macbeth says
Who can be wise, amazed.
Ids man has right to be CONFRONTED Dy ms ac-
cnsers and right to speedy trial. He Is ready
Aor trial tomorrow morning.
AFTER JOBNsTONs MONEY.
subsequent TO the proceedings in the Oyer and