New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-20
THE COURTS.
IE BOND FORGER's TRIAL.

sUMMiSG-UP or EX-MAYOR HALL AND DISTRICT AT
ToRNEY PHELPS, AND CHARGE OF JUDGE BRADY.
The last scenes in the trial of Andrew L..
Roberts the bond forger took place yesterday In the
Court OF oyer and Termlner before Judge Brady and
the usual Interested crowd OF spectators Nearly All
the day was taken up by exMayor Hall ana the Dis
tricAtt0rney the summngup OF the former not being
concluded until In his address he anmadverted
as severely words would allow, upon the character
OF the Prosecutions witness, Olmstead. and the
part hc had PLAYED trial. and his last words we're
to assure the Jury OF his confidence that they would not
convict hiscient the testimony OF feons and accom-
pieces
Mr.. Phelps addressed the jury more briefly and 1t
might be said that he Mr.. Hall his own ground
and with his weapons and proved himself an ex-
pert for his abounded with witty SMILES and
Illustrative situations described in language borrowed
ron the stage and correspondngly effective. One OF
his points was in calling the rys attention 10 the TACT
that ID Of this character IL their duty to In
quire whether the prisoner man likely to be sue
cessful IN such deceit this and then pointing out to
hem Roberss great business capacity the associates at
his command and his familiarity with the negotiations
and methods OF bankers and brokers.
Judge Bradys charge. which only occupied % minutes
IN delivery, was after the pattern usually adopted by
him, absolutely OpnIoness except upon one point-the
rOtenness OF Omsteads character, which IN effect ne
SAID the jury had already He remarked in begin
at the very foundation Of commercial lie. Men have
dealt and will continue deal with each other faith
fully, in reliance upon the honesty and honor which
should make their business intercourse, guided only by
those ordinary precautions which commend themselves
In view OF the danger but not certainty OF deceit The
presence Of forgery just suspicion OF must be dis
this faith-thls natural reliance upon each
other and the effect must be to parayze thrift and to
shut up 70 some extent at least the avenues
lcl lead IN fha Mart
place OF business. This Is especially 40 when
the medium OF intercourse gotiabe securities, which
passed from hand 10 hand in confidence that they
are indeed what they 10 be- Hence the Importance
Of this and Won should give 10 IT, as demands your
careful deliberate consde The scheme owhich
this bond in evidence be part was vast IN ts
proportions, and the mischief which It would have
produced IL carried out more successfully, would have
been Of great magnitude Is the defendant guilty OF
originating completely with 1T Is he. in other
words guilty OF forgery in the third degree IDS
IL the question which you are to decide;
Did the prisoner falsely make alter. forge or
counterfeit the bond which has been gwen in evidence
with intent inure defraud Or did he utter 1t and
publish as true with intent to defraud, knowing t to
be forged altered or countereitedi Forgery con ssts
in endeavoring give appearance OF truth TO mere
deceit and fsy. II Is not questioned mere that the
bond Is forged That established by the evidence. II
is sufficient the forgery beng proved from the cir
cuDstances OF the case the jury can talry lner tli
intention OF the persons making the instrument
for the uttering must be 70 defraud There Is
no doubt that the bond uttered.
In regard to the principal witness for the prosecution
-Olmstead-who swOre 10 having been approached by
Roberts and finally 20 having been persuaded by him
TO enter into the plot by making the seals, by
which the forgery accomplished, although
Olmstead swore up and down that he did not think
when he made the seals that he doing anythln
wrong Judge Brady went into some particulars OF his
evidence showing what points he was supported by
Mrs Petus other witnesses. He said there was no
doubt that Omsead a man ready 10 commit crime,
and he confident the jury had seen IL Tor them
selves Olmstead. 10 had been shown, Dad more tnan
once hardened tools Tor burglars. He mentioned the
many contradictions, that had been offered by the
prisoners witnesses, Mrs Pettuss testimony, but
added that all contradictions were 10 De cOnsd-
cred with regard the credlbity OF the witnesses
who made them. He said the popularity or TINS case
land indeed OF all forgery cases. that OOth SIDES
were obliged largely for evidence 70 accom-
pces II the Jury had discovered one actually false
state ment in witnesses testimony they mad rgAt 10
reject all OF IL.
The Jury retired at o'clock. and $50 the following
the Judge Are we To find verdict OF
guilty o guilty that Roberts forged the bond No
eO1 named Indictment, a verdict OF completely
in the forgery or the sand bond :" The jury were
al once summoned, and the Judge, after stating that
he had received note which lie did not exactly uf-
derstand, asked who the writer The author
arose and explained fully MS meaning, and
the Judge the jury that II Roberts caused the
Win his own hand After some further questions and
explanation, the jury again retired AT lO5J no verdict
la rendered, tue lur were Ochrd up Tor the
night aud recess had until 10 O'Clock this morning