The New York herald., 1879-08-08
THE BRAZILIAN FORGERIEs.

LOPEZ, DoNvAN AND MoRIARTY RELEASED AT
THE DESIRE OF THE OBSERVATION-DISCLOSURES
AND BEBELAQUA HELD.
Captain Kealy and Detectives Lyon and King yes
terday afternoon brought to Essex Market Court
Francis A. II. sanabria. Joas B. Bebelaqua, Paul j.
Donvan. John Morlarty and segundo Lopez
the men charged with attempt to
issue forged Brazilian treasury notes. Counsel
were present in force Mr.. M. W. Divine represented
the Brazilian government. Mr.. Dc B. Wilmot repre-
sented the Brazilian Consul General. Mr.. c. w.
Brooke the prisoner Lopez, Messrs. Peter Mitchell
and Morrison Donyan and Morisrty, and Mr.. A. H..
Hummel. sanabria and Bebelaqua. Messrs A. g.
Goodall. Of the American Bank Note Company. and
G. H. Gossler. the Brazilian Vice Consul, were
present.
A short consultation was held between counsel for
the prosecution and counsel for the prisoners
Lopez. Donvan and Moriarty. When Justice Smith
appeared the prosecution informed him that they
wished to withdraw the charges &Eainst all the
cused except sanabria and Bebelaqua. Lopez. Dom
room, and Justice Smith said:-'.The against
you has been withdrawn and you are discharged.
There have been sufficient grounds to arrest you but
not TO hold you The evidence appears to show that
you were outsiders in this affair.
Detective King. producing small bundle said =
II have here number Of articles took from
Donvan when he was arrested.
The magistrate unrolled the bundle. 1t contained
o number of false Brazilian treasury notes, some
receipted bills for presses printing and paper
private correspondence and apocketbook contain
ing over 500 in United States bills. The pocket
book anG correspondence were handed to
Donvan; the other articles kept to be used as
evidence against sanabria and Bebelaqua.
DONvAN's AFFIDAVIT.
Donvan - affidavit then taken. He said that
he resided at No. 50 West Fifteenth street, that few
weeks ago sanabria handed him mutilated bill or
ticket, Autographed. and promised to give him $500
to start hograph shop for the purpose of prin ting
such bills and other work; Sanabra promised to adj
vance money to buy the shop that he aferward told
Moriarty of this Spanards proposition; that Mori-
arty asked the witness If the business all 90 K
that witness answered "Yes he was told it was that
he and Moriarty then bought the stones presses
the other materials and then box came to No. 81
Nassau street. containing seven engraved stones
reason that Sanabria would remain in New York for
the purpose OF continuing orders which might come
wharf in brooklyn Roberts stores to take the notes
produced in court to Bebelaqua, who was about to
sail to Rio Janeiro; there he was arrested.
Mr.. A. G.. Goodal then made an affidavit repeating
his statement published in Wednesdays HERALD.
Captain Kealy and Detectives King and Lyon merely
corroborated the above witnesses. John Moriarty,
of No. 81 Roosevelt street. corroboraed Donvan and
added that he transferred the impressions to the
shosraph stones and PRINTED notes in ponysn
bra and Bebelaqua with having printed false Bra
lillian treasury with feIonious intent to issue
them and to deraud the citizens Of the State OF New
York and the government of Brazil.
MISSING areNATURE.
Wnen these inherent dnuav1tS uou Deen taken the
prisoners were arragned Mr.. Hummel asked for
their discharge the ground that they had not
ecuted negotiable note. The notes which it was
claimed that his clients had printed were many
blank pieces Of paper Not one Of them showed the
necessary signature Of the representative Of the
Brazilian government. They not under the
statutes forgeries until such signature atac he'd
Mr. Divine said he had not been prepared for this
plea the part of the defence. He argued that
even il there some doubt upon tho legal ques-
ton involved, yet, in justice to the citizens OF this
country and out OF international courtesy toward
friendly Power, the prosecution should be given the
benefit of the doubt until the question properly
tested.
Mr.. Wilmot said another section of the law pro-
vidcd that every person who shall attempt to COM
NIT offence prohibited by the law and be detected
in such attempt but at the timc fail to
plish their object be intercepted in executing the
same. shall be punished. He claimed this was ex-
actly the under discussion.
Mr. Hummel replied that il letter had been left
out in the instruments the language changed. or
any other not easily noticed thing been omitted and
yet the signature attached. that would have been
forgery but without the signature who could be de-
ceived or defrauded?
Justice Smith-Some weight should be allowed
to Counsellor Hummels objections; but the gist of
every is the intent shall have to conhne my
self to that. believe the prisoners to be guilty OF
violation of the statute Of this State endeavorng
to perpetrate fraud upon government. and shall
hold them. Now, about their BAIL shall hold them
in default of 50, 500 bail each.
Sanabria then said he thirty-one years old. q
native of Cuba and planter. Bebelaqua said he
twentyseven years old. native of Brazil and mer
chant. They were locked up. To-day Mr.. Hummel
will out writ of habeas corpus and certiorari.