The New York herald., 1877-07-25
THE COURTS.
Laws Of This State on C0unter1eitiEg
Foreign Treasury Notes.
POWERS OF DISTRICT COURT JUDGES,
Unwarrantable Dispossession and
Redress Therefor.
THE GREENBACK PLATFORM.

Dr. John ]. Harrison tic dentist from Brazil. who
was arrested upon the l4th inst and committed by
Police Justice Morgan for trial upon the charge OF
having attempted 10 counterfe qusntty OF Brazilian
Treasury notes, brought beore Judge Westbrook,
In supreme Court, Chambers, yesterday, upon writ
Of habeas corpus The iacts presented to the CON-
mitting magistrate showed that the accused entered
into contrast IN writing with Clark + Smith, en-
gravers ot Anu street. whereby ,hcy to strike or
fac-simile s,eel engraving Of 200 milreis Brazilian
noto The sngravers, being suspicious ,nat all was
not right, called upon tho Brazilian Consul when they
discovered the fraud about to be prac,sed The Con-
sui requested the engravers pretend TO cngrave the
notes as requested, and In the meantime no would
communicate with tho police authorities. Photo
graphs OF the notes made block and submitted
10 Harrison for his approval and being satisfactory,
tho engravor left, upon the pre,ext OF seeing
about tho necessary paper upon which
to engrave Detectives Kcaly aud Kcarns
put In appearance and arrested Harrison who
discovering The position IN which he was placed mado
iall confession, admitting his guilt Upon return to
the writ Messrs. William y. Knitting and John Il.
Fellows appeared counsel for tho accused, wh,lo
Assistant District Attorney Russell represented tho
people. Mr.. Kintzng, IN opening tho argument,
briefly rsced tho facts above sated aud contended
tho accused had com mittcd offence known to our
State law ''Thc making or procuring TO be made or
engraved" said counsel, government or Treasury
notes foreign Power offence and that Is pre-.
cseiy the net committed by the accused II Is true
there Is inv on our statute book making 1t an oncnce
10 make or procure 70 be engraved tho notes or
'bauk OF any loregn country. "here Is nothing SAID
about Treasury notes or government securities Tho
omission Of this kind Of security attributable TO
tue fact that al tho time OF the passage OF tho Revised
Statu,es they were unknown; Treasury notes first
came INTO existepce during the IaIc war;" Counsel
argued At Length sSss the ,n accused % naa conn S
DO true Assistant District Attorney Russell,
in reply, said this important case, involving an
important question 0t law; but 10 his mind, after
carefully examinisg the authorties he had come 10
the CONCLUSION that the accused was clearly guilty 0t
an attempt 10 commit forgery tho third degree He
section 50 OF the Revised Statutes with spoci6ca
ton Of the penalty Tor "any person who with intent
70 njure deiraud, shall falsely MAKE utter Jorge or
counterfeit any instrument or writing being or pur
portng 70 BIO Tho act Of another, by which any pccu-
mary demand or obligation shall be or shall purport
to be created. increased, discharged or diminshed
kc Under this section he, thought conviction Tor
attempt TO commit the crime could DO sustained, as
the Treasury note ~ question was unquestionably an
evidence Oi debt Ex-Assstant District Attorney Eel
lows followed In behalf OF the accused. and argued
that tue thrsy-thrd section was inapplicabe There
was nothing 10 indicate that the evdenco OF debtn
intended 70 be protected that VI foreign
try; but on tho contrary, II would seem to include
only STATE and United States securities. 90
the thirty third section might DO applicable still
the accused not guilty OF an ian attempt" 10
e
boi0rW iLe ongravers procured the
paper upon which 10 sngrave them Such an act on
his part 'ntent," and not an attempt" and
must be construed He iurthor contended that VI
the person intended to defraud inJure any one II
tho Brazilian Empire, and not tho people OF the
State oi New York, aud there was no law " punish
ior attempt 10 dsiraud foreign Power tra
After hearing the arguments o the respective
sol Judge westbrOok said the point presented
worthy Of consideration, being novel Its
but he questioned whether the points raised mol
better be sed upon ~ Trial Term than upon
corpus; stil ho would consider The matter
a decision this morning. In the meantime tho prs
ouer wss remandcd back TO Police Headquarters.
Qutea number OF prominent Braxiiians we're IN court
curing the argument and appeared 70 take much In
tcrest In tho proceedings