Morning journal and courier., 1883-04-17
The eDia1nondiTriaI.


 The Testimony of Experts and Others. The so-called washed diamond case came up for trial in the City court yesterday morn ing at 1f:3O before Judge Deming. Jacob Nspel was charged with defrauding by secur- ing advances from Edward Engel on washed diamonds. Prosecuting Attorney Pickett stated to the 1 court that ex-Judge Blydenburgh had been engaged to assist him. To the complaint of obtaining money from Edward Engel, the de- l fendant, Jacob Nepel, pleaded not guilty. Then the case went over until 1 o'clock in the afternoon. The State had eight witnesses in attendance, four of them experts on dia- monds. One of these was Henry Heller, of the firm of Heller &s Bardell, manufacturers of diamond jewelry at 13 John street, New York. He it was to whom Mir. Engel went with the alleged washed diamonds he bought | from Nepel's agent, to inquire as to their purity and value. Nepel's attorneys are
 Nessrs. spier and ". B. stoddard.
 The hearing of evidence was deferred un- ! til 1 p. n. When the hearing began there were but few spectators present Edward Engel, who was called as the first witness, | testified that he resided and did business at Al State street. At the request of MT. Bly, | denburgh the witness produced from a box l which he took from his pocket the ''washed'' I diamonds in the order in which he received l them. The washed stud, which was handed around among the counsel he first saw l March 27th at his store.
 The question ''Who brought you the ! stone ?" was objected to by MT. Stoddard. | He said the State could not show that MT. Nepel committed the fraud with the help of an agent because there was no such allegs- | tion in the information. If MT. Nepel was | accused of committing the offense through 1 an agent, the accusation should have set out | the agency in order that the defence might | have been prepared to meet it. MT. Stoddard l quoted authorities to sustain his position. The court admitted the question subject to objection and subsequently ruled out the 1 most of it. MT. Engel, continuing, said a young man, Charles Dorman, brought the stud to his store and said that MT. Gum, of l the Grand Union Hotel, had sent him to get I $200 for it. MT. Engel examined the stone | in the stud with magnifying glass, showed 1 it to his clerk, and arrived at the conclusion | that 1t was fine old mine diamond. The witness questioned young Dorman, who said ' that the stone was all right and that cer- | tain party stopping at the Grand Union Hotel wanted to raise money. The story was as told in the COURIER last week. The witness ! went to the Grand Union Hotel and saw MT. Gum who is head clerk there MT. Gum said that Dorman was all right. Dorman 1 said if his $425 was not accepted he could go l to friend In the employ of Randall, Bar more & Billings, large New York diamond | house, and get more than the sum asked for the earrings and ring. The witness then de- cided to give the $425. The witness that night met Nepel in Lichenstein's lager beer saloon on State street. He told Nepe1 that he had in his possession some very fine three kRra5' old mine diamonds. What, blue dia-
 monds !" Nepel exclaimed. adding. "A stone like that wouli be worth $1, 900 sure. I'll come to the store to morrow and look at 1t. /" But he didn't come. That next day the wit ness showed the stones to Ezra Bishop, the jeweler, who examined them with a magnify ing glass and pronounced them very fine. Charles Rosenbaum, New York diamond expert, also came along and said the he the witness took the stones to FHeIler & Bardeli of 13 John street, New York, and showed them to Mir Hdller, of the firm of Heller & Bardell. MT. Bardell washed the stud with soap and water. A man employed by the firm wiped off the earrings with damp handksr- Engel told Officer Reilly what had occurred April 2d Dorman came again to the witness store and said he had something this time l which beat any thing he had brought before. He said it came from the parties whe owned the other stones. For this one he
 
 would keep this stone and settle with the owner of it. Dorman objected, but the wit ness kept the stone and still retains it, nc l formal demand having been made upon him for it.
 On the cross examination MT. Engel said he had been in the diamond business IT years. When Charles Freuenback told him I that there was a new swindle out for colorine l diamonds he thought he was joking
 Henry Heller, a. diamond dealer of IA John l street, New York, testified that he never saw
 stud so finely colored as, the one Engel l showed him. If good it would be worth $1, ; 1 900; soap and water showed 1t to be yellow African diamond worth about $140.
 1 The last witness heard was Martin Gum. l He testified that Mir. Nepel instructed him as | to how much he was to receive for the dia- I monds He named $40O for one and $2OO l for the other. He first met Nepel on the l street, but could not tell the date. Witness l recognized the earrings, finger rings, etc,
 shown him. After the trouble about 1 the sale witness said he met MT. Nepel and asked him what the trouble was and he said he did not know. He supposed they were all right. l l told him would have to tell where I got 1 them He said if did it would hurt his business I don't know whether l told him ] that I would have to pay the difference. think the substance of what he said to me was that it would hurt his business. He showed me the bills for the diamonds think. The conversation I had with MT. Nepel was in Church street. Think I told him that the diamonds had been painted
 or dipped. I think he still claimed 1 that they were diamonds and nothing elss. did not see MT. Nepel but once after this prosecution commenced. paid Nepel $2OO on one diamond sold, but did not receive any compensation from him. When paid him $4OO he gave me $20. I collected the money from the bank and think told him that I sold the diamonds for $4OO-
 It being o'clock the court suggested an
 adjournment and the case was set down for
 next Friday nisi.