The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-02
THE COURTS.
Application to Compel Spiritual Mediums
to Take Out License as Jugglers.
IMPORTANT TO BANKERS
Strangely Contradictory Testimony as to the
Authenticity Of Check Qualification.
PARTICIPANTS IN THE TWEED RING PLUMBER

Before Judge Donohue, in Supreme Court, Cham
bers, yesterday. was commenced the argument Of
motion to compel Annie Eva Fay and Henry G. Fay.
spiritual mediums TO take out licenses jugglcrs.
The granting Of tho motion was urged by Mr. Robin
son, counsel for the Society for the Reformation OF
Juvenile Denquents and based upon the aidavits
OF Henry A. Butler, William Donohue, Richard Keefc
and Washington Irving Bishop, who swear that tho
stances OF the defendants which they attended.
exhibitions OF jugglery Colonel George Fl. Hart and
Mr.. Edmund 4. Price opposed tho application. Tho
opposing argument that the spiritual ssance is cir
cumstance OF religion which sacred, and that Il has
another aspect which is the exposition Of science and
SUCH Is circumstance Of science; that in neither
does IL under the definition Of juggery,
which must be restricted to mean the exhibition OF
feats. art, skill, harmless deception, performed
through physical dcxtery, and has relation to spr
itual effects produced through spiritual MEANS that
the defendants are not ugelers but spiritual mediums
SUCH should not DO licensed, but punished 1t
insisted further that the seance gwen Tor reig
ous purposes; that IL Mr. and Mrs Fay imposors.
and therefore not spiritual mediums, the plaintiff
reformatory society, should not apply Tor, and
court Of equity would not direct license to
for their performances, and that the construc-
ton of the word juggIer becomes important
In order 10 determine its sense used
In the statute II was also claimed that the word
hjuggery' IN the statute must be strictly construed,
because the statute in dcrogation OF common law
and also q penal statute; that the word must have
been used IN technical sense 10 designate certain
art and not in the common popular sense, where II
means deceit imposure that the amendment oil the
Legislature could not have been other than TO make
II technical because 1t Is certain 1t cid not intend to
license cheat or imposor, as, Tor example, the three
card monte performers; because 1t is associated with
technical words and the rule OF construction being
that the context determines whether word be used in
! technical or ordinary sense; and further, that tho
sense it used in in other statutes Of a
kindred character illuminated the sense it
was used in in this statute. ;Jugglery, them
experts it was urged was receivable; and the opinion
pt experts Is produced by the defendants who rebut
The allegation Of juggery, while the plaintiff merely
produces the testimony OF spectators not experts who
testify on suspicion that the performances we're jug
glcry.
under any circumstances with any religious per-
formances.
pne TO the Court, ''doat look much though tho OBJ
lcct was wholly religious one. liquor dealer who
wanted to sell liquor on Sunday might well claim
that selling liquor was part Of his religion !"
'sTherc certainly would be no question about there
being spirits in that case, !" interrupted Colonel Hart
"But this is tho serious question now" said Mr..
Robinson and whatever the spirits may 90 il is very
evident that they don't get out this programme"
suppose you make the spirits party to the suit"
suggested the Colonel, 'and find out what they have
done.n
After some further pleasantly between counsel,
Judge DonOhue said he would hear the conclusion of
the argument day.
THE CHECK CERTIFICATION CASE.
There another large crowd in attendance yester-
day at the continuation OF the trial OF the suit brought
by Mr. Austin Black against the Continental National
Bank $63 600 check, the gcnuineness Of
the certifcation OF which by Mr.. Alfred Timpson,
paying teller Of the bank being the real question
Issue. Mr. Black represented by the counsel
as before ex-Judge Fullerton and Edward W. Good.
rich, and the bank by Mr. Luther r. Marsh and Henry
l. Clinton. Judge Dykman, who is holding the
court conducts the trial in certain quick and
vous kind OF way and brusqueness OF manner, CON-
bined with fairness, impartiaty and dignity sug
gcstive Of old fashioned country circuits.
Mr.. Albert s. SOuthworth, an expert III handwriting,
was called for the defence He SAID that no had
hesitation pronouncing II forgery On the
examination Judge Fullerton allowed to put IN,
under exception by defendants counsel a number OF
genuine signatures. and plaintiff admitted that the
styles varied in them also. He also admitted that he
had already charged defendants $500
Now" said counsel, "ict the jury hear what luck
you had In collcctngt"
''Thcy paid me. 4" said witness, Gin advance"
'Do you always receive this sum Tor your testimony
ssIn short cases charge $50 day but on long cases
800 day"
Il suppose this is OF your $50 daystn
alt s;' and the witness added ssbut excuse me- Mr.
fullerton; am not on that pontn
''Oh, but excuse mo-" retorted the counsel, II am
on that point
handwriting, was called as witness for The defence
Fertilization by Timpson Of checks confessed to DO
the ccrtucatlou oil the check suit
submitted. to him for examination. He defined ut
length the characteristics CT thu signatures
showing keen analysis in point OF alleged
difference In the up and down strokes ana
the angles and what he designated as rotary move
ments He gave II as his unqualified opinion that the
sertncation the sos, 600 check n forgery Not
wtnstand,ng his success the nation of
the previous experts, Mr.. Payne kindly exempted
from any such ordeal This closed the case for the de-
fence An offer was made by the counsel Tor the bank
10 prove that the day the $G3 900 check made
two otner forged checks signed by the
party for $54. 900 each, and presented ut
other banks, hut The testimony was excluded.
On behalf OF Mr.. Black testimony in rebutta was
submitted. Among others examined were Cornelius
v. Anscuut, Cashier OF the New York Exchange Bank
Edward u. Butter. Paying Teller Of the Leather Manu-
lecturers Bank; o. Baldwin, Receiving Teller or
The Fourth National Bank; Themes Ellis, Paying Teller
81 the First National Bank, and James A. Nixon Cashier
81 the Fulton Bank Brooklyn, all OF whom testified
hat they were familiar with Mr. Paynes handwriting
md pronounce the cerfcaton OF the check in Ques-
ton as IN their opinion. genuins
Toe trial will be resumed TO day. and effort will be
made TO finish II tomorrow.