Savannah morning news. [volume] (Savannah) 1868-1887, 1883-09-20
pErRAUD1xe THE GovERNMENT.

p.r,rs the United states Court Tor
Causiut. a False Draft TO be trans
,,,i,ted to the United states Treasurer.
The examination in the case OF the
United states against Abraham Burke,
coIored, Notary Public, who was arrested
about two weeks ago and charged, accord
inc to the language of the Revised stat
utes. with ''causing to be transmitted
false draft to the United States Ireasu-
rer.' was held Yesterday before Commits
sioner Erwin. Quite large NUMBER
Of colored people and several white
persons were present. The defendant was
renresented BY Mr.. aaron, and the
Tinted states by District Attorney >. A
DarneU. A number of witnesses testIhed,
and their evidence went to show how
Burke. after obtaining Phoebe Doctors
book of deposit on the Freedman's Bank,
proceeded to obtain draft on the Uhited
states Treasury and TO make the coliec-
ton on the same.
s,1m Of $40 II was collected from the UNI
ted States Treasurer was offered IN eNl-
deDce. when Mr.. Lester Hubbell, OF the
firm Of Messrs. Graham ~ Hubbell, testl-
fed that he bought the draft from Abra-
ham Burke about the last of May or the
first OF June, 1855, ana pald
cash for il with probably difference
of the exchange on New YORK;
that Burke kept an account with him,
and that he had often cashed such drafts
for him: that he asked Burke to pay him
something on his account, but Burke said
the draft was for collection for another
party. and he could not pay anything
on his account out of it. Burke repre-
scented that the Endorsements on 1t were
all right, and the witness seeing Burke's
nOtarial seal as witness to the
Endorsement, he considered 1t all rlSht.
He expected the amount to be paid as
shown on its face by the Assistant Urea
surer Of the United States at New ork.
Mr.. Hubbell said that he turned the draft
over. with his Endorsement, to Mr.. b. Ii.
Levy for transmission and collection at
New York.
Phoebe Doctor, coIOred. testified that she
had an account with the Freedman
Bank for about $500. When the bank sus-
pended payment she turned over her bank
book to Burke to look at her claim. About
the last of August she went to see him
about it. He said neither the book or the
money had been sent to him, and that 1t
would not come until the last of Septem-
her or October. That he would write TO
her when the book was returned,
50 that she could get the
book and the draft together. She further
testified that she had never seen the draft
introduced in evidence, and that she had
never indOrsed her name by cross mark
or otherwise on it. She never authorized
either Burke or w. &. Clark to sign
her name to the draft: and, further,
that last wear she gave her book 10
Clark. who forwarded it to Washing
ton through Burke. That she received
from Clark $50 for a 500 draft that had been
sent to him for her from Washington;
that Clark said he would pay her the
money. because the bank would have
charged her so. and that he had got his
Young master to cash it.
Haywood Baker testified that he was
the husband of Phoebe Doctor, and that
he went TO see Burke about his wife's book
sometime in the middle of June; again
about the last of June, and again about
the first of September. That each time
Burke told him that neither the book nor
the draft had been returned, The last
time the defendant also told him that the
man who transacted his business in
Washington, had not yet returned. That
after the commencement Of this suit
Burke told him that since Phpbe had gone
to law she would not get her money. That
otherwise she would have gotten it.
Sarah Sneed. colOred, was sworn, and
said that she lived next door to Burke,
and that Mrs. Burke, sometime during
MAY. June or July, called her over to her
house. She went and found Abraham
Burke and PhGbe Doctor in the house.
There was no one else there. She had
never seen Phoebe Doctor before.
She said she knew it was
Phoebe Doctor because her name was on
the draft and because Burke called her
bv that name. and that the woman said
that was her name. The witness ldentlhed
Phoebe Doctor in court as the same per-
son she saw on that occasion, and that
she saw her touch the pen to her sigma
ture on the draft, and that she herself
witnessed it.
Reverend Nesbt testified that some
time last year he went to Burke's house
with two drafts, payable to two members
Of his congregation, and Burke signed
their names and had their marks wit
messed just as was done ON the draft i'll
evidence. That the parties themselves
were not present, as it was inconVenlent
for them to be there. Burke told him it
was all right and that he thought it was
all right.
w. G.. Clark testified that last year
Phoebe Doctor gave him her bank book
and made him her agent for the collection
of the claim. That he forwarded the book
through Burke, and that afterwards the
defendant brought the check to
him and that he returned it
to Burke to have it fixed.
Burke brought it back signed and wit
messed, just as the draft in evidence was,
and that so far as he knew Phoebe Doctor
did not see the draft. Witness told Burke
that Phoebe Doctor instructed him to col
lect the money and that BurHe could sign
her name. That he, Clark, had the draft
cashed by Messrs. Ludden Il Bates and
paid $50 90 i'm money to Phoebe
Doctor. Clark further testified that
this year Phoebe Doctor gave her bank
book to Burke, but continued to consult
him from time to time about the matter,
and that he considered himself her agent
That Phoebe told him to collect the money
when the draft came. and to pay Burke.
Witness said he thought he had the right
to sign Phoebe Doctors name, or authorize
Burke to sign it. That after this prosecu-
ton commenced Burke paid him the
$42 Il on account of PhOebe's check, and
that witness was ready to pay it to her at
any time.
Mrs. Clark then testified that some time
during the summer w. q. Clark showed
her some money that he said belonged to
Phoebe Doctor, and that on last Sunday
he showed depOnent some money that he
said was paid him by Burke for Phoebe
Doctor. Witness didn't recollect what
time during the summer she saw the
money first mentioned,
The testimony of the witnesses here
closed. when the false draft was submit
ted as evidence by the District Attorney.
1t was Endorsed with Phoebe Doctors
name and her mark, and was apparently
witnessed by 5. Sneed, j. Burke, Abra-
ham Burke. Graham Il Hubbell, b. H..
Levy. and Seligman a ROsenheim. 1t was
dated April l, and marked paid June 8,
1888.
The Commissioner, in passing upon the
case, stated that Burke on the first day
he came before him admitted that he had
signed the draft not in Phoebe Doctors
presence, but by the authority of w. G..
Clark. and that he thought he had a right
TO do it, and that he did it in good faith.
Therefore, he gave no credit to the evil
dence of Sarah Sneed as against the evil
dence OF the other witnesses, and it was
thereupOn ordered. that the defendant be
held in the sum Of$700 for his appearance
to answer at the next term of the United
States Circuit Court.
Complimentary Serenades.
Last night the Catholic Library AssO-
citation, headed by the Guards Band, pro-
ceeded to the residence of their newly
married and popular young President,
Mr.. z. +. Gleason, and rendered him a