The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-12
THE COURTS.
The Action Of Austin Black Against
the Continental Bank.
JUDGE VAN BRUNT'S CHARGE
A Long Suit, Ending in Verdict for the
Defendants.

Al length conclusion has been reached IN the long
drawn out trial OF the suit brought by Mr. Austin
Black against the Continental National Bank TO re-
cover s63 125 a check the bank drawn by John
Ross and bearing its face the certincation Of A.
II. Timpson, paying teller OF the bank Tho splo
question at issue the otherwise Of
tho certacation, tho plaintiff claiming that It was
tho Official sign manual OF Mr.. Timpson, and
the defendant claiming that 1t was a skiliul
imitation OF chirography Tho present. as Ii well
known Is the second trial OF tho case,
tho jury the former trial having disagreed 1t has
been OF the most severely contested suits that has
been trlcd in the for long tma exJudge Full
lerton Charles W. Brooke and William Goodrich APP
pearing for the plaintiffs, and Messrs William At
Beach and Thomas G. Shearman for tho defendants.
Judge Van Brunt began his charge the opening Of
tho Court, and its delivery occupied hour and
hall He stated In the outset that during the last day
two OF nearly i've weeks consumed In the trial OF
tho the idoa had occurred to HIM
that II he should die before the Termination
OF tho trial and o post-mortem examination
should be made ascertain the of his death
tnere would be found deeply imprinted his brain,
IN legibe burrows, tho name OF A. II. Timpson, pay
ing teller. that tho would DO that no sdled
OF too much Timpson paying teller On The brain. "
Alter this brie preface, and congratulatng the jury
upon speedy termination OF tneir tedious sittlngs
IN the case, he ALLUDED to tho charge that had
made by painu's counsel that the defendant was
the city. This, he urged, had nothing whatever
with tho case. and as q counter allegation he stated
that The evidence showed that tho plaintiff
Was backed up by strong banking in
nucnces He next proceeded to recilo in
detail the conceded facts IN the case, as already
peatediy given In the HERALD tho progress Of the
,wo trials He then said that II tho testimony
don on the check IN question is Mr. Timpsons signal
ture they are entitled 10 the verdict. PrepOndcrance
Of evidence is that evidence which addresses itself TO
the jury's nina the strongest and most cling
II Is not u question OF quantity but quality. The
question is not whether six witnesses testify to
thing on one side and eleven Witnesses testify 10 the
contrary the othcr side, but whether six witnesses
have convinced you TO the regular certi1calon of
preponderance OF evidence Then the defendant
IL entitled to tho verdict Considerable stress has
been LAID the the forgery. 1t 10
SAID that threc-quariers hour elapsed before the
check was presented at the Leather Manufacturers
Bank. Ho thought that argument extremely talIa-
He then recited the transactions OF the
GUS banks through which the check is supposed to
have passed on the morning in question, ana explained
at length the system OF banking tar checks
concerned and so far as they had anything to do with
tho Clearing House, and resumed II has been said
that the forgery was discovered long before II
made public. He thought II would have been discov-
cred IN the Continental Bank three-ouarters
alter u had come TO light III the Leather Manufactu
rers' Bank. The fact claimed the part OF the
plaintiff that because the check not the
next clearly defined tho question OF forgery,
and said there had ooen conflict Of testimony II
testimony OF Mr. Timpson impeuched IN any one
spect they must consider his whole testimony
valid. II Is claimed the the defendants that
The check would never nave been certified by Mr..
Timpson haG II not been certified 10 the certnca
ton book MI. Timpson himself says he would
have certified II had IL not boen entered the book
In question. The defendants claim that Mr. Timpsons
object holding back the certacaton TO SEQ
whether John Ross would make the amount good. Is
there any assumption OF testimony 10 sustain that
argumont9 Has u not been fully demonstrated that
the rules and regulations Of the bank would permit
any clerk 10 withhold certidcation? Attention has
been called to the TACT that John Ross
forgeries OF April that he also forged GER
that be adopted that limo OF business The plain.
tins claim that that was not his manncr Of do.
Ing business, because he could have easily
been detected The jury must CONSIDER, could Il havo
happened that at the time Of tho absence Of this
LITIGATION Ross was in the act OF perpetratlng another
forgery They must consider whether Timpson
accomplish with him He thought the case en-.
from rendering clear verdict He then considered
the checks aud the effects Of their exposure to tho
camera la the court room, and entered into lucid
and comprehensive illustration OF tho science Of
colors. TO convey 70 the jurys mind tho facts as TO
more than one pen mad been used in the signature
aud II the hand mad been lifted during the the
signature was written aud as to the quality Of the
paper, whether u was smooth or rough, or whether
1t absorbed the Ink TO great extent, or whethor by
friction the blue ink could have been removed from
the exterior hbres. He cautioned the jury In regard
the testimony OF experta A little learning IN law,
ike little learning IN science, was dangerous. The
jury must Judge whether the signature was genuine or
moi. They must consider whether one pen was used
Tor the name and whether another one was employed
for the flourish The PLAINTIFF claim that o third line
that the pen must been held peculiar sort OF
way 10 have arawn that third line Then ali the wit
nesses conceded that there was break Ia the tail
Some thought the pen was lifted from tho paper,
that the was not lfted thought the Ink had
exhausted and others that there been
the paper others thought that the ink had be-
exhausted II was noticed that the darker
tho end II was claimed by the defendants that by
the Indication OF the third line 1t would have BEEN
impossible 10 have made u to finish the
signature Tho Jdry must decide whether the sigma
turc was close Imitation or whether Il really was Mr.
Timpson's genuine II thoy found that II was Mr..
Iimpson's signature, they must give the verdict 10
the plantn IL on the contrary, they found that the
signature was not Mr.. Tmpson's the verdict must
rendered Tor the defendant Before Diminishing tho
jury he called their attention to articles IN the news
papers which he said might have Influenced their
minds. Tho jury, he said will understand Of course
that the reports OF the facts OF cases
Of this description in the newspapers must
necessarily De false They necessarily catch from
the way In which the trial Is conducted isolated iacs
and then pad it out-that Is to say draw their i'm.
nglnaton for the balance As result every report of
that KIND is false. If had my way l should nave
law framed forbidding any comment upon trial dur
ing its progress, except verbatim report giving tho
iu testimony on both sides IL was tho only way
newspapers could DO prevented from influencing the
jury box IL was difficult to say what influence such
statements might have ON jury. II was hard 70
sary Tor me to make this statement IN view
OF statement 70 which my attention
article that the Judge had In his desk the evidence
which would clear up tho whole matter. What they
reIer to don't know. The. exclusion OF the de-
position OF Dusenbury occurred in this way. When
the trial came last June Dusenbury was In court,
aud the plaintiffs insisted the fact that they should
be placed In the same position in regard 10 Dusen-
bury when the case--wnch was then adjourned
camo up Tor trial. | came to the conclusion that
when trial was to be postponed for three months
no contingency should be allowed to cnsue to the
Jury OF the party who is ready, ana |, there
fore, said that Mr.. Dusenbury being in
court, his examination except ON the
stand should not be the trial Of This case, and
made this condition OF the postponement II is fair
10 add that with Dusenbury In court they could not
read that examination In court. with this statement
you Will see how dangerous 1t is to pay attention to
articles OF this description. Having made this ex.
panaton Judge Van Brunt. IN conclusion urged upon
The Jury to weigh carefully evidence on both Sides
aud II possible TO agree upon a verdict
Tho jury were absent ABOUT two hours and III en-
brought IN a verdict Tor the defendants
AN EXPECTANT NEPHEW.
There was recently published in the HERALD an ap-
LEGATION made by Peter b. Ross, nephew Of Mrs De-.
hornh A. Wesierncld n woman over c,gbt - UNI voo .u