New-York tribune., 1876-01-25
LOCAL MISCELLANY.
A CURIOUS AND KYOTTY CASE.

CURIOUS AND KNOTTY CASE.
s,,nutTy FOR THE POSSESSION OF COUNTERFEIT
NoSEY-THE TWO TRIALS OF GEN. MANK-TIE
yIRsr END NG IN THE CONVICTION AND THE
SECOND IN THE AcQUIrTAL oP THE PRISONER.
On the 31st of March. 1875, Gen. William
O. Mank at time Inspector OF Customs ana mem
Der OF the Secret Service Of the United STATES ana pro
teee of Senator Morton OF Indiana was arrested on the
complaint of James T. Porter, also member OF the
secret service that Mank had in His possession $1,000
IN counterfeit 5O-cent pieces and was brought before
United States Comm ssOner Davenport, who held MN III
10000 bail The first trial took place In June, lo'o
before Judge Benedict and jury. The Government
poluced as q witness James T. Porter, who' AIMING
ether things testified that at the time he was nesoihs
With Mank he represented himself to DC nienu
Of Thomas Con gdon counterfeter from whom large
n ~ counterfeit 5ocent pieces had been taken, and
that he desired to purchase from him (Mank TINS cou
serfe currency for Conglon that after several hte
views Mank brought him the counterfeit currency te
ing him was the evidence against Thomas Cohgdoh
Chat he would give il TO him Orer for $2OO on cOhd-
Gon that he would see that it destroyed, so that 1t
could Hot be used evidence against ConSdOh Iol'Cl
wa supported in lis testimony by Drummond kenwlck
and Spencer also members OF the Secret Service and Wit
nesses for the Government
Ex-Judge A. j. Dttenhoefer counsel for ManK Oh 'ls
evidence requested the Court 10 direct verdict OF a
suttal, on the ground that possession OF counterfeit
money (uuder Sec 5431 of the Revised Statutes OF the
United states is only oense if held with intent 10
dcraud and that no one can be defrauded the counter
fet money Ia DESTROYED Judge Benedict in denying the
motion held that under the statute the mere possession
Of counterfeit money was an Onense' ana Puhisn"uio
under the law ruling that the intent 10 oe-
fraud applied only TO the person who uttered
publlshed. or sold counterfeit money, not to the
person who kent possession o it, Under this ruling the
tury found Gen. Nank guilty of the crime Ior WHICH he
was indicted, and for which me pnnsnnen II hlIa
1 with hard IneTglpOI
Diupnhoefer moved before the same Judge Ior ncW
trial on The ground of in the ruling, and IN the
October term Judge Benedict rendered decision feNeis
ing his ruling and granting "a new trlal
The second TRIAL commenced ON the 18th OF this month
ard ended ON the evening or the 2I>I ine sanc wiz
dencc given. motion to direct an acqultt at TINS
second trial. the Judge at first hed that Tue crime was
made out the Government proving possession wiz. an an
intent to sell, whether Tor destruction or otheI WIS., & .
after a long argument by Gen Manks counsel ahu aiPr
hearing the DstrictAttorDey the Judge ecncu9eI 10
hold Gen. Manks counsel had always contehdeu at
the crime was not made out unless the possession
Of the counterfeit money was with the III
tent TO circulate it i'll tie community; tAat
must be intent 10 circulate IT, Judge Bcnedlct .it u
10 the Jury determine whether from the tnle MShA
rot poss ssOn Of this counterfeit currency until he gave
Il to Porter he mad an intent TO circulate III he
community. Judge DttenAOeier, IN us summing VI,
cOntended rst that Mank never had possession Oh the
money, and that the testimony OF fOrter, lruhhohu'
aud Spencer, all of them having at various times peen
arrested crimes, not trustworthy; second tha
Jury believed these witnesses, and found Mank lau
the money, they could not lind tIOn the evidence that
Mank had il with intent to circulate II IN the community
third that the evidence, II trustworthy Mank was
only guilty of the Ohense of ob>ructng the adhlStr-
ton Of justice for which he was not on tIlal ana when
vas only msdemeaDOr, and punishable by SIX months
IMPRISONMENT Judge Foster, Assistant District Attorney,
eOnteuded that tue Government had made out l!s case
both to possession Of the money ana as 10 tne Ill
tent with which 1t was held After an absence OF about
three hours, at D. IN the jury returned NelucI vi hVt
guilty, and the prisoner was discnaI5eu-