The New York herald., 1877-09-14
GESNER, THE ALLEGED TORGlR.
The Examination as to the Proceedings
Before Justice Duffy.
A REORGANIZATION DEMANDED.
Scathing DenunciatiOn AGAINST the Representa-
tiveS Of the District Attorneys Office.

Supreme Court Chambers, was crowded yesterday
bya throng curious to witness the proceedings on the
examination in the of Nelson A. Gesner, indicted
by the Grand Jury the of General Sessions for
forgery the third Degree the alleged forgery, as is
we'll known consisting of forging check for
$40. 66S 10 on the Third National Bank OF this city,
purporting to have been drawn by Winslow Lanier 4
Co. Alter this indictment was procured Gesner's
counsel obtained writ oil habeas corpus upon which
be was brought before Judge Westbrook on charge
set forth IN Gesners petition and his to the
fourn to the writ of habeas corpus that his exanina
lion was purposely delayed in ordor to allow
an indictment 10 be !ound against him. Judge West
brook directed that examination be had before him
rs to the way in which the preliminary examination
was managed before Judge Du1y. AT the same time
be granted various writs Of certorar in order to get
~ all the bottom facts in the Pursuant to these
orders the prisoner brought into court yesterday,
and certainly notwithstanding his brief confinement,
looking well as when first brought into court His
wife also present. and several friends with
whom ut intervals he kept up apparently pleasant
chat pepdinG the proceedings in court His counsel
Messrs John Graham, c. cambridge Smith and James
Oliver, were also IN attendance while the District
Attorneys Office was represented by the three Assist
ant District Attorneys Herring Rollins and Leary.
RETURNS TO CERTIoRARis
Mr.. Graham, on the case being called for resume
Of the returns to the various writs Of certiorar
stated that in the certiorari issued to the Grand Jury
the that the Court had jurisdiction. 1t
5, however conceded by the District Attorney that
ths jury had found indictment against the prisoner
for forgery In the third degree He stated that Mr..
Sparks clerk of the Court of General Sessions,
turned the writ issued him copy OF the indct-
ment and the commitment under which Gesner had
been turned the custody of the Warden OF the
City Prison He next recited the return by Police
Justice Duly, which Will appear in the testimony
Weston, presenting in graphic detail his connection
with the case and how as he alleged. having been
Kidnapped Chicago he brought on here and kept
in close custody the Fifth Avenue Hote without be-
ing allowed to see his friends or counsel and with no
possible hope of liberty unless he would make afi-
davit which would suit the prosecuting counsel in the
Ease which, however he refused to DO after which,
fortunately, he discharged by udge Van Brunt.
He pronounced the whoc transaction, from the So
called Kidnapping OF Weston to the suspension OF the
examination in the OF Gesner, most 1agrant out
rage upon Justice He told in detail the circumstances
OF the examination before Justice Duffy and then stated
that they would proceed to call witnesses pursuant to
the order OF the Court
TESTIMONY NTH CASE.
Abraham King testified that he was the attorney,
aud John Graham and Mr. Smith o! counsel repro
senting Mr.. Gesner upon the examination by Judge
Duffy at the Tofbs; Assistant District Attorney Her
ring appeared Tor the prosecution; on the 3Oth or
August there adjournment TO the following
Monday at ten O'Clock; after portion OF the testi
mony had been takon the counsel Tor the defence in
sisted upon going the morning, and Mr.. Her
ring stated that he would be able go Justice
Duffy said he would so in the afternoon at three
o'clock, but Mr.. Herring said his duties would not
permit; then we wanted to 90 on on Saturday alter
noon, but MIR. Herring said it was impossible, ss
he would be of town, and 1t
pver TO Monday morning; in the mean.
The adjournment should DC had the understanding
that no Indictment should be found against the pcti
TONER, which Mr.. Herring refused to stpulae; re-
member your (Mr Graham saying TO the Justice that
he had no right 10 make this ADJOURNMENT Tho Wit
ness detailed at length the proceedings before the
then stated Tor not adjourning the matter, aid the
necessity OF speedy hearing and Of the
facts 10 be adduced before The Justice.
Justice Duffy then called u witness
q Judge Duffy, at the Tune you adjourned the ex-
at three O'Clock in the afternoon, did you know that
any Indictment was going TO be iound? A. had
certain knowledge oil it; had suspicion.
Y. Did you know "A. did not
a. You had no knowledge that an indictment could
be found between ten and three O'Clock that day A.
had not.
O. Had intimaton of any witnesses been fur
nshed to you up to that time in addition TO the three
who were examined by you on Tbursday2 A. There
had not knew Of further witnesses TO sustain the
complaints against Mr. Gesner than those that
examined OH Thursday.
Q AT the time the examination adjourned on Thurs
day there was nothing ncupaiing hims A Nothing
Except the af1davit
Lew Apgar was the next witness sworn He testi-
led that he was foreman OF the Grand Jury that found
Iho indictment against Gesner. He was asked Dy Mr..
Graham to give the OF the witnesses examined
before the Grand Jury upon whose evidence The bill
was found. Mr. Herring objected, claiming that it
making public names that should be Kept sacred, and
that 1t was a bad precedent to establish.
Judge Westbrouk--There would be any great
u
placed upon trial upon grave charge ought to know
the names Of the witnesses against him. l assume
that the learned counsel has object in Offering
consistent with the proceeding. l am acquainted
with their exact mode of proceeding yet 10 making
put their case | don't any particular harm can
result to you. will allow 1t.
Mr. Herring excepted TO the ruling OF the Court.
Mr.. Graham ito Mr.. Herring)-You must have gone
to sea in an eggshell If you allow your bark 10 to
pieces by striking against thing light fraii.
The witness here answered that he did remember
the names; the witness could the number
witnesses that appeared before the Grand Jury nor
could he state the time of day nor When the indct-
ment was found; MI Sloane tthc carr mani was the
clerk OF the Grand Jury.
John Sparks, Clerk oil the Court of General Sessious
testified that he Gesner bcIp brought t
his olice Monday afternoon the I'D Of this
month by two officers, under a bench issued
upon this indictment; it us have been he sand our
o'clock the afternoon when Gesner can.e to tho
Dce, and the court was In session; he could tell
whether the Endorsement on the back of the ind.ct
nent was in thc handwriting OF Christie another
ucrk
Two young named Leo and Benjamin Yates
berks in the Office ofSmh kllDg, were examined as
% the delivery OF COMMUNICATIONS from Mr. Graham
10 the District Attorney. Mr.. Graham closed his
aencc by calling iii. Leary, Assistant District Ator.
ney, whom he questioned as TO his knowledge that
Indictment was to be found against Gcssner during
the examination at the Iombs. Mr. Leary said he had
ASKING GEsSEss DETERMINATION
Upon the testimony as gwen above Mr.. Smith
claimed that Gesner, although he did his dis
Charge, should under the law, be remanded Judge
Duly 10 have his examination Completed. He cited
The provisions oil the Revised Statutes and special
act vi 1873, setting forth the OF police magis-
trates as 10 ne examination Of both for and
against The accused parties He cOucnded that the
testimony taken In Lo manner implicated the prs-
he then repeated IN detail the adjuucis ana all
the proceedings before Judge Duffy IN lie matter Hc
added that there was plotting aud contemplating IN
fraud OF tue prisoners statutory rights; il was
q singular circumstance that ponce justice was
found lurking around the Fiilh Avenue holel ready
~ take any affidavit that mignt be made by Weston
and he wound up by saying that the Assistant
Attorney was In secret conclave with kidnappers In
The case.
AT this point the examination OF witnesses and the
argument having beon protractcd until late hour the
Court adjourned until eleven O'Clock this morning.
Wucn the argument Will be resumed