The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-11
THE COLE BRorHERs' oUARREL.
A Fight at LAW that Is Exciting Great Inter
est In Ulster County.

KINGSTON, April 5.-The celebrated Cole
case is to be again brought into Ulster County
courts. Tho parties in this suit are James and
William Cole. brothers. They are sons Of tho
late John II. Cole. the wealthy farmer Of the
town Of Mnrhetown. who owned more lowland
than any other resident along the Esopus.
John II. Cole died in March, 1872 from injuries
received by fall. and william. the youngest Of
nvc sons. was appointed executor. Tho will
wns admitted to probate in the July following.
year later July. 1879 James Cole presented
claim against the estate. consisting Of anotc.
OF which the following s n COPY:
one day nncr dat, rsorisc to nay ta,ncs cole or
December 81. is5o ion, h coi,.
William Cole. as executor. denounced The noto
as n forgery. and refused to pay it. The result
was long and exciting trial before Justice
Wcstbrook. The defence set ont to prove that
the note was forged. and offered evidence to
show that John Il. Cole was in another place
than that averrcd by the plaintiff on the date
given in the note.
All the prominent bank officials in this Sec
tion Of tho State gave testimony with respect to
the genuincncss Of tho signature to the note.
but great differences Of opinion were expressed.
There WAS testimony however. upon othcr
points that was direct and emphatic -
James Cole. the plaintiff testified that Mt tho
time the noto was drawn his father was at
dinner par;y given by James. The defendant
denied that John II. Cole attended any dinner
party on date claimed. Both sides presented
strong testimony as to this point The not e had
revenue stamps attached. James swore that
these stamps were put on tho note Mt tho time
the note was drawn December 1870. and that
they were cancelled by his father. John X. Cole.
the maker of the note; United States Govern;
ment officers testified that stamps OF the kind
ATTACHED tn the note were not issued until Sep
tembnr ls7l-nearly year lHtcr.
mass OF other Interesting Dnt less tmpor.
tant testimony was Introduced. Tho Jury found
for the plaintiff. awarding the fun amount
claimed with interest in all amounting to 81.
5O59O. The defendant appealed. and prepare
tions are IN progress for now trial. Attorneys
for the defence have served notice that at the
city application will be made for the appoint
ment OF commission for the examination OF
John Canter. who is confined in the Eastern
Penitentinry at Philadelphia. This John Can
ter is notorious forgsr whose career has been
one continued series OF crimes and lmprison;
mcnts. II is aNcrred that he has spent upward
OF twenty years in prison, II was he who
gained such notoriety in 1915 by charging that
he had been used to forge vouchers. DC, in the
State prison at Sing Sing.
1t is claimed by the defence in the case OF Cole
against Cole that Canter is n material witness.
He has already made an AFFIDAVIT in regard 10
the matter OF which he is expected To moro fully
testify. In this affidavit he affirms that he was
| convicted of forgery in June. 1865. and served
n sentence OF eight years in State prison at Sing
| Sing. In the spring OF 1871 he was assigned 10
| lue uutltt OF clhplhln b messenger, anu tHuH
| he got the privileges Of the prison grounds.
Soon following this appointment stranger
| connected with the lime quarries approached
| him and said he had n job he wanted done
| Canter asked for particulars. 1lye stranger ex.
hibitcd an unsigned note for 5000. and said
| he wanted name signed TO II. He showed q
fragment OF paper on which was the name OF
| John X. Cole. and said he wanted that sigma
| ture simulated. Canter studying the signature
| for moment. said he could DO the work. and
| would charge 80. This amount was given him
aud he copied the signature to the satisfaction
| Of the visitor. photographlc copy OF the note
| presented 10y James Cole has been Identified by
| Canter as the paper to which he forged tho
| name of John II. Cole
| Canter's testimony IS corroborated 70 certain
| extent 10y gentlemen who were connected with
| thr sing Sing prison IN 1871. They testify that
| CGntcr was discovered in conversation with .
| stranger at the time stated in his AFFIDAVIT and
| that Cani"r at the time did not hesitate to aver
| that the Strangers name was Cole; that he was
| from Kingston and had wanted II piece oI
| writing done.
| The plaintiff ot course. denies that he eu.
| gagged IN any such transaction. His defence Il
| the AFFIDAVIT Of a physician that at tic dat.
| named he had severe attack of paralysis. from
| tt lta lu. Itt rpatNgrgu