The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-19
COURT Of GENERAL sESsIONs-pAaT.l.
The Mullins Forgery Case-A Westches-'
ter County Justice "Goes Back" on the
Prosecution-The Accused Discharged
by Verdict Of Acquittal..

ter County Justice "GOes Back on the
Prosecution-The Accused Discharged
by Verdict Of Acquittal.-
Before Recorder Hackett
The trial OF Patrick Mullins, charged with forging
his wiie's name to mortgage upon property in
westchester county, by which the Mutual Lie In
surance Company was sought, it is alleged to be
defrauded out Of $4,000 was resumed yesterday In
this Court.
william F. Brown was called by the prosecution,
and testified that he was Justice Of the Peace in
westchester county in February, 1872; that the
certificate on the mortgage shown to him was his;
that he did see Susan M. Mullins sign 1t, but that
she came before him with her husband to acknOwl-
edge 1t at the time OF the execution, which was
February 20, 1872.
as the counsel for the people had the strongest
reason for believing that Brown would swear that
Mrs. Mullins never appeared before him to &C
knowledge the instrument which was the subject
OF the Indictment.
The Recorder said that the turn which the trial
took was evidently surprise to the prosecution
as it was to him, and asked the counsel for the
people ''what they were going to do about it :"
Assistant District Attorney Russell said In Or
which we have had from the testimony OF the last
witness, I feel bound to make the statement that
That this last witness was indicted in the
county Of Westchester as Justice OF the Peace
for maleieasance In connection with this matter,
and then pleaded guilty OF taking this acknowedg.
ment without the presence OF Mrs. Mullins, ana
Judgment was suspended upon that Indictment, on
condition Of his resgning his ONCE as Justice OF
posed that he would testify to the truth here to-
day; and did not suppose that he would add per-
Jury to malfeasance in Office
The prosecuting officer was therefore compelled
TO abandon the case and the jury, by direction Of
His Honor, rendered verdict Of not guilty.
Mr.. Russell said there was another indictment
against Mullins. The accused having given bail to
answer This accusation was discharged
Mr.. clinton, the counsel for Mullins, said that
the District Attorney, having stated under errOne-
GUS information that Justice Brown was indicted
In connection with the matter which had been
under investigation by the Court and jury, II was
| but just icr him (Mr. ClintOn) to say that Brown
never was indicted for anything having any con-
| nection either direct or remote from the matter
before the Court. 1t was another matter entirely,
! for winch he was fined six cents, and resigned
| The sudden collapse of the prosecution created
| great surprise in Court, and, to use hackneyed
phrase Brown was the observed of all observ
| ers.v
Batch OF Petty Larccnics-The Cul.
prits Sent to the Penitentiary.
large number OF prisoners were arragnet
| upon indictments found by the Grand Jury, which
were transferred from the Court Of oyer and Ter
miner to this Court. Most Of the prisoners PLEADED
not guilty and were remanded for trial.
| Daniel Murray. who was charged with stealini
! two pieces Of flannel worth $7o on the 9th instant
the property Of !. M; Rollins pleaded guilty to al
| attempt at grand larceny, and was sent TO tn
Penitentiary for two years.
Thomas Walker pleaded guilty to petty larceny
the allegation being that OH the 7th instant, h.
stole clothing valued at $25 the property OF Charlie
NJ. Church
A similar plea was accepted from Susan O'Brien
who was charged with stealing $40 worth Of wear
ing apparel from Fannie Porter on the 2Sth G
| January.
James Rooney also pleaded to the lower grade
larceny, he having been jointly indicted wit
Thomas Farrell for stealing, on the 2st OF Januar,
$40 worth OF rope from John ID. Crimmins.
These prisoners were each sent TO the Penitcr
tiary for six months.
John Foley aud Archibald Hadden boys