The New York herald., 1877-09-04
THE GREAT FORGERIES.

Tho OF Nielsen A. Gessner, accused oil Forgery
on the Third National Bank, aud suspected Of being
Implicated in tho S6I, 900 cneck forgery on the New
York Life Insurance Company. was again up In the
Tombs Police Court yesterday be ore Justice Duny
As on The previous OCCASION the attendance was so
large that All Adjournment had to the more com.
modous room OF the Court OF SPECIAL Sessions.
THE ExAsiSAIioS.
The examination was originally set down for eleven
o'clock A. NJ. and at that time the prisoner and coun-
sci were In court but ing TO the absence Of Assist
ant District Attorney Herring. who was detained IN
the General Sessions, postponement Was ordered un-
Ill three p. ~ Al that hour the rcom was we'll
filed Mrs. Gessner the prisoners vile, occupied a
seat within the enclosure Tho prisoner, wearing the
same appearance OF composure that characterized
him on the arst examination sat by his counsel John
Graham and Bainbridge Smith.
THE PROCEEDINGS
The proceedings were opened by Assistant Dstrc I
Attorney Herring. who ofloa'ly announced that an
Indictment had been found against Gcssncr by tho
Grand Jury. Counsellor Smith interrupted by moving
that the Court grant adjournment of the examna.
ton 10 specified day Mr. Herring strongly opposed
the motion. Addressing tho Court he said :-"Your
Honor has no power 10 proceed at all In which Is
removed from your jurlsd icton: the present IS
by virtue OF the indictment. Any adjournment to a
specified day would be a clam thai your jurisdiction
continued, notwithstanding the action OF the Grand
Jury. You should adjourn the hearing indefinitely"
Mr.. Grnham-i an indictment has been found, de-
mhnd, as counsel, an ms spccti0n OF IT.
Mr.. HorriDg replied that an inspection could he bad
10 the Office OF the District Attorney All he could do
was TO officially state that an Indictment had been
found.
'Then," said Mr. Graham warming up 81 emphat.
icaly protest against the Court TAX ng any notco OF
such Indictment: IL must be brought TO The attention
the Court the proper by affidavit and not by
tho unauth Gated statement OF any person. DO we
live IN land Of grandees. that the forms OF law can
be thus tramplcd uponf Arc YOU IA magistrate To
take OF your Judicial clothing TO obge an assistant
district attorney"
QUESTION TO BE TESTED.
With regard TO the claim up by the prosecution
that an Indictment by tho Grand Jury removed the
prisoner from the jurisdiction OF the police court
where his exnmnali was going on, prisoners coun
sci conended that the law was by no means settled.
Up to wthin period ofsix years counsel could per-
not aware that any change had taken place IN the
decisions. he was willing, however, to test
the question: aud for that purpose he asked Tor an ad
journmcnt OF the examination Tor one week. In The
meantime the question could be setea in court.
ar. nerf,ns' ID reply Eonsenaea tna' me mater
Jury, being superior to police court, could at any
time interfere and py finding an indictment remove
the case entirely from tho jurisdiction of such police
court .
Between the arguments Of the lawyers Justice Duffy
was evidently pcrplcxed, but he finally announced
that he would adjourn the indefinitely. The an-
nouncement brought Mr.. Graham to his feet 81 warn
Court" said he 'that If it takes this course it
kills the proceedings" Counsel then went into long
argument on the question OF jurisdiction, after which
Judge Duffy stated that he would modify his order III
inst.
ASSISTANT DISTRICT ATTORNEY FLEMING AsroUNDED.
The change acted like shock Of electricity upon the
Assistant District Attorney al trust" said he, jump
ing to mis- feet that Your Honor will not thus stultiy
yourself Such decision would enlangle the proceed
lngs and seriously embarrass The legal officers OF the
county IN the discharge OF their duties"
THE EXAMINATION skr DOWN FOR THE 2SrH INST.
Justice Duffy persisted however, in setting the
animation down for the 2sih inst, saying that ho
would then, II asked, grant another ad ournncnt Hc
wished the matter Of jurisdiction first settled before
mi rha nriaO ar
was then taken IN custody by Detectives Field and
o'Connor, VINO had bench warrant Tor MS arrest
TIE TELLsrALg PACKAGE.
1t will be remembered tnat when the witness Ely B.
Weston WAS undergoing examination in the Gcsncr
auced in court which Weston declined to identity.
He said, however, that he had been given package
similar IN appearance by Gesner IN Chicago last
in his barn for safe keeping, and that he had dis
closed the whereabouts OF tho package to Jayne
and the other detectives. The truth OF the matter
is that tho package which Weston declined to
Identify as the one given him by Gesner IN
reality the very package gwen him. and 1t contained
damaging description. The package was . large
sealed white envelope wrapped up in Chicago
tanned two drafts prepared Tor .'raising," pack
ago OF tracing paper used by forgers and several
two drafts which the envelope contained, and
the tracing OF another draft which 1t subse-
quenty learned had been destroyed had been taken
before tho drafts were made ready for "Ialslng {"
When Weston informed Jayne whore the envelop
was Concealed the detective ana prominent
Chicago lawyer who was engaged ou tho case visited
WestOn's barn. secured the envelope, and It was
brought to New York and placed in The hands OF the
counsel for the prosecution Ono OF the drafts was
drawn by the Albany City National Bank OF Albany
on the Central National Bank OF New York. II was
signed by II. r. Palmer, cashier OF the Albany bank,
numbered Ia 402, and every trace Of the amount for
which IL had FIRST been drawn was removed IN man
which almost defcd detection. In small envelope
these tracrgs rs 1oows:-"July TO- 1877, pay
to the order Of +. n. Ihr0ckmorton dlty-sx So 100
dollars" In the lower left hand cOruer OF the
ing, corresponding TO the place where the figures OF
the amount Of the draft when issued were placed,
were the figures 1856. IS. I" The only trace OF the
washing process whereby the original amount OF the
draft had been removed was IN the place where these
figures had been written. BY holding the draft up
against strong sunlight little OF the dark back
ground Of the draft could bc seen TO have been re-
moved.
sKILPUL.
Last week Mr. Henry H. Knox, counsel OF tho Now
York Life Insurance Company, took this check to tho
Central National Bank oil this city, and asked the
genunencss OF the signature OF Mr. Palmer cashier of
the Albany Bank. The cashier OF the Central National
Bank said there was no doubt Of tho genuineness Of
the signature. The President Of the bank agreed
WITH tho cashier. An expert IN tho bank was also
summoned with pile OF about three hundred other
drafts made by the Albany bank and the genuine
ness OF the signature OF tho cashier was established
beyond DOUBT Among tho drafts were number filled
out IN the same handwri,ing as the one
copied IN the tracing The President OF the Central
National Bank said that II a check had come his
bank tor any amount with the signature upon IL which
the naked check bUre il would be unhestatugly hon.
ored. Mr. Knox then requested the President OF tho
Central Bank TO telegraph the Albany City National
Bank, asking whether the 10th OF July, 1871, they
had ISSUED draft, numbered 144O2, TO Z. n.
Throckmorton or $50 35. An Affirmative reply
was soon received, aud tho lawyer then exhibited
the tracing to the astonished bank officials here
Conclusive proof OF the operations OF the iorgers in
regard to the preparation for raising that particular
draft was thus obtained In response TO another tee
gram certain officers OF the Albany City National
Bank, among them the clerk who had filed out the
washed draft hand yesterday ready to testify
10 the ing OF the draft had the examination OF
Gcsner been continued before Judge Duffy.
Last Saturday Mr. Knox took another ono OF the
drafts found in Gesner's envelope, which had been
drawn by the National Albany Exchange Bank on tho
American Exchange National Bank OF New York. AS
In the frst case, there was no writing on the
draft except Tue signature OF the cashier,
Thomas l.. Scott, and tho Ggures 77 OF the date the
1lng having been erased by means OF acids.
1t was numbered l2,4lS aud was shown the
officers OF the American Exchange Bank, who posi-
lively identified Mr. Scott's signature as genuine.
A iclcnram simIIur IL ina nun snnt To the Albany