The New York herald., 1874-08-30
A CASE CLEARED UP.

After a prolonged litigation MIR. Emil Haas, q
Broad street broker, has been eXOnerated by
Judge Donohue, OF the Supreme Court, OF any
criminaty or wrong doing in connection with
the charge OF conspiracy preferred against him
ana VIM. Carew by S. L. simpson most thorough
investigation was made by Judge DOn0hue and
at its close the latter gave the following opinion,
which tells the whole story, both OF alleged crimi-
nallty and the entire vindication of Mr.. Haas =
"This matter came before me in this way. De.
fendant was arrested before Judge Bixby, and
it was alleged that the Justice unnecessarily
delayed the examination. writ of GER
tiorar was granted and the papers and
proceedings brought before this Court.
After careful attention to the facts, it appeared
that the Justice before whom the case was pend
ing was o material witness for the prosecution
and that on one point at least his testimony was
vital. On these facts the parties. being before this
Court, the examination was ordered TO continue
before me, as 1t had been unnecessarily delayed
before the Police Justice and the defendant was
improperly restrained. The facts on such eX.
animation then appeared to be tnat the prose-
cutor aud defendant had litigation pending in
the common law courts ana tnat ,,ea certain books
that the prosecutor in the common law cases had
the right TO examine them and that the
are twoiold first, account showing the state Of
affairs between them on balance sheets, and, Sec
Ouu, OOOkS from WHICH tueSe DataUCe SHtetS were
compiled, ana the deiendant's alleging he feared
the taking away OF mis- books OF original entres so
that he procured their deposit in place outside
OF his Ofce. Alter such deposit, on the arrival Of
his clerk one morning at his ofDce, the DEFENDANTS
sale ana Office were found open. the papers scat
tered around and the balance sheets gone. This
was on the llth OF August, 1873. Here commences
the charge and counter cnarge. The prosecutor
alleges that the defendant did this with intent to
throw the blame on aud found charge against
the prosecutor. On this 1t seems to me,
on all the evidence and probabilities, this State
ment OF the prosecution Is grounded; on the
evidence 1t Is not sustained by proof, but 1t Is
rebutted. IL Is apparent that at the time the
defendant had done nothing TO connect the pro-
seCutOr with the offence and that his suspicious
would have naturally pointed at the parties who
wanted and mad asked the production OF these
accounts, but the Iact that the defendant had
from which books the same precise details as con-
tanned IN the accounts distracted could be taken.
makes 1t Impossible to suppose he had gone
through the form OF rObblng himself or accounts
the originals OF when a his clerks and friends
knew were sale. HIS continued suspicious OF his
opponent In the lawsuit, whether well or Ill
founded, naturally led hum to cast his eyes IN
this suit came with offers TO him OF evidence OF
the tact. All that transplred seems TO convince
me that Haas acted in good faith IN trying TO pro-
cure evidence without any idea that the evidence
offered was untrue. IL seems to me more that MS
cO-defendant was acting Improperly with the pro-
secutor than with the defendant, and mad this
charge been one on which the co-deendant, with
Haas could be held and Haas discharged, should
feel It my duty TO so hold him; but as the charge
Is one that he cannot be held on alone he must be
discharged Haas | do not nhd the slightest
proof against on the facts.