New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-06
THE COURTS.
CURIOUS CONTEST OVER BONDS.
THE QUESTION OF FORGED AssIGNMENT-A SUI
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CURIOUS CONTEST OVER BONDS.
THE QUESTION OF A FORGED AssIGNMENT-A SUIT
AGAINST THE sAFE DEPOSIT COMPANY
Almost companion piece to the noted bond
forgery Andrew L. Roberts in the Court OF oyer
and Terminer suit OF Emmene Mercy against the
NewYOrk Safe Deposit Company trial In the superior
Court Judge Freedman presiding; is IL without It's
relieving touches Of humor, which, however appear in
testimony in the good-natured retors between
the counsel engaged both sides, and not In the sub
ject the cause. The suit is IN the Of repevin
and story OF the Of action CLEANED from the
counsel. is follows:
In December 1867 Nathaniel Frost. bachelor. chap
lain the United States Navy deposited with the safe
Deposit Company Government bonds to the amount Of
$500, worth now, with interest added, about 5000,
which sued for. Mr. Frost retired from the navy on
half pay, after of % years when over On years
OF age. In the Spring Of 1868 he occupied
a room kept by the plaintiff at No. 1872 East
Sixteenth-st., and on July IA following ne
died. Charles II. Bertrand said to be the plaintiffs
husband, at TO the dead chapians sister,
Mrs. Mary A. Dorr residing Keene, n. H., and to
another maiden sister, Miss sarah Frost the deceased
chaplains only the latter OF whom died soon
afterward in regard to the effects Of Mr. Frost. Mrs
DOrr responded by sending her lawyer, Mr.. jackson,
from Boston TO this city. He asked the plaintiff Mr.
Frost did not leave some United States bonds, and II
there were no papers vouchers relative to the sub
rect The plaintiff denied it, according TO Mr. Jacksons
story and subsequently, sent on 10 Mrs Dorr what were
alleged 10 be the effects OF Mr. Frost
BY the certificates of deposit of the bonds in question
they were be delivered Mr.. Frost or Mrs Dorr.
The Safe Deposit Co. IN the Fall cut OF the coupons
upon the bonds and sent them 20 Mrs Dorr. and little
later, Dec &c, for the first time the Company were in
formed By the plaintiff that assignment OF these bonds
had been made June 1868, 10 her On Jan g. lsoy
she and her lawyer called at tine COmpanys Office aud
demanded the bonds which the President and Secretary
after comparing what purported 10 be the signature OF
Mr. Frost 10 the assignment. with the sigma
ture the books, and deciding that Il was
a forgery, refused 10 deliver TO her ON Jan. H.
this suit accordingly brought and was referred TO
Henry Nco, who. after long trial. IN which experts
III handwriting were examined reported In favor OF tue
defendant upon the ground that the assignment was
made 6y the deceased. On appeal by the plain,
the decision and ordered trial upon the ground OF
made by the referee in admitting certain papers
in evidence for the comparison OF tne handwr!tins
trial ordered, aud It IL this which Is now IN
progress, JOhn T.. Burril and Messrs Guernsey Day
NJ. Wight for the Company
The plaintiff put IN evidence the assignment and the
certificate OF Acknowledgement OF the notary puDc,
now dead and rested her case. Tie defense called
number OF witnesses, ncuiing several officials or the
Safe Deposit Company Mrs Dorr aud one or TWO officers
from the NavyYdrd 10 prove that the SIGNATURE 70 he
assignment was not genuine The planun bringing TINS
security order 10 obtain the property Tue NECESSARY
bond purportng to be gwen py the plalutM, In9has
Davis and Daniel Altenheim The same notary whose
MEM OF tbe assignment took the ackuow gmen OF
these suretes 10 the undertaking. and the defense yes
terday called witnesses, VINO attended the funeral
Daniel Altenhelm and also OF his and they swore
died 1865 three years before this notary cert
fed that Altenhei came before him ard Acknowledged
this undertaking. 80.
on the former trial before the referee the plaintiff
denied that passed AZ TINS house OF ners under TIE
name Mrs Bertrand. married 20 Bertrand
or lived with hin wife. on this trial several VII
uesses called by the defense 10 prove that she
lived with Bertrand ana passed ls WIFE witnesses
also svOre that she signed and acknowledged deed as
Emmeiine NJ Bertrand, wife OF Charles H. Bertrand
The counsel for the defense sought 10 put into the case
all the papers in the handwriting Of the deceased ana
lust before adjournment called Albert :. SOUTH
worth. Boston expert on handwriting. VINO TESTIFIED
that took photographs OF the signatures Claimed
70 be iorgerles, ana his testimony as 10
their not being genuine has Just begun and
will DE continued Monday. There was an
amusing passage between MN and MI. Burril
VINO was crosse xaminlng hun. Mr. Burrl lad elected
from that photographs OF the writing on the
front and back OF the assignment taken AT the
time and then the witness IN reply 10 another
question said did think lie took apart the docu
ment. An" SAID Mr. BurrL, for a puzZler how did
you photograph the front and back at the same
time - Mr.. -outnYOrth proceeded 10 show how the
document could be folded order so 20 do. Mr.. Bur-
ril asked him If he did not THINK folding the paper
almost pieces from continual nandllng) would nave
made IL crack more. Well" said Mr. SOuthvOrth. II
evidently handled about a halt million times
folding would have cracked IL about half
a N