New-York tribune., 1874-06-13
A BOND FORGER's DEFENSE.


TESTIMONY OF A srerER-IN-LAw-AN IMPORTANT
QUESTION OF PREVIOUS CONVICTION.
There was a hard-fought contest yesterday
between the the defense in the trial Of
Andrew u. Roberts who indicted for forging New
York Central Railroad bonds. Tie defense opened its
case through Mr.. Purdy, VINO made q speech OF some
bitterness charging the prosecution with being all
conspiracy aud averr1ng the ability OF himself and
associates prove that Pettus, in Boston prison.
and others concoced the whole scheme of forgery and
that the seals made and the bonds put upon the
market long before the period when Roberts became
acquainted Olmstead, the principal and accusing
witness, who to his own complicty-though
innocenin the forgery making the seals for Roberts
Before Mr.. Purdy began his summing up, however, a
snort dispute arose between ex-Mayor Hall and the
DstrieAttorney the former calling upon Mr. Phelps to
elect which OF the counts he would TO the jury
The DistrictAttorney insisted going to the jury
all the counts Mr. Hall moved that the second
third, and fourth counts stricken out, all Of which
Judge Brady overruled.
1t was so late before Mr.. Purdy closed his address,
which showed evidences OF in preparation,
and delivered with effective force that a recess
was taken and 1t not until nearly O'Clock IN the
afternoon that the first testimony OF the day was taken,
Mrs Lillian J. Roberts, widow OF the prisoners brother,
being called She stated that at the time OF her hus-
bands death 1871 she lived at No. 207 Tenth ave.
which then and IL now her property. she now
lives No. 2c6 West Twenty frst-s Her brother had
always lived with and had been married. He
was in Europe in July, 1872.
When her husband died he left some property in
United States Government bonds and railroad bonds.
There S2s 900 in the bonds and sl 600
or s3 900 in the railroad bonds. Before and after the
death Of her husband the prisoner transacted all the
business relative these bonds. She never took out
any letters OF administration.
Ex Recorder Smith, counsel for the defense then
stated that he proposed that the bonds found
ln the box at the Stuyvesant Safe Trust Company's
office portion of those left by her husband and
not the proceeds OF the forgeres for which the prisoner
was trial. The witness then emphacay stated that
the bonds found those left by her husband she
first became ACQUAINTED with Mrs. Pettus u 1871 Mrs
Pettus worked for her. but she intimate vita
MIS- Pettus she never saw any money transactions
between her and the prisoner.
At this point Mr. smith began 20 nterrogate the lady
as TO the pard0nng OF Roberts in Connecticut 0ut the
District Attorney came out with sharp objection and
Judge Brady SAID that they call somebody had
Otncal knowledge OF the circumstance. MIS-. Roberts
accordingly made to step aside for Joseph o. Hur
burt former member of the Connecticut Legislature,
aud of the Committee OF the House which examined
into Robertss case copy of the resolution pardon
printed the time the official journal. The Hurt
ford COtrdnt The Dstrlct-Attorney objected 10 the
admission of the evidence among other reasons as re-
fectng upon the decision of the court cOnyictng Rob-
erts. Mr.. Hall followed him In long argument, claim
ing that by law the prisoner entitled TO the rgnt OF
showing his innocence OF the prior 0ense. Next came
an lmDassoned appeal from Recorder Smtn. VINO
argued tue matter largely from humane pout Of view,
describing how impossible it To remedy the two
years Of suffering in connement and disgrace that was
Robertss former experience aud begging that he should
be allowed, matter OF justice, the boon or showing
the pardon he had received because he was held To be
innocent Of the charge.
rassng question, and should he follow the dictates or
his own humane feelings he should allow the evide nee
but considering among other things how this would
affect the record OF the convicting court he should,
pressed for decision then decide to exclude it,. BY
admitting IL he might establish a dangerous precedent
but that IT, after deiDeraon he thought it due
10 the prisoner in tins he would allow IT, and the
testimony OF SIR HurlDurt could then be taken de 6ene
IL he was unable to come to town conveniently.
Meantime the case stands adjourned until Monday.