New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-11
FERRY RAILROAD ARE FoRGERfE

mayer Holman, broker, of No. 80 Nassau-st. :;
Ions Adler, of the law firm of Hoadly, Lauter-
Dach ~ Johnson, who appeared on behalf of
brokers' who had handled the stock; BIessrs. Miller
a wells, attorneys Of No. 80 Nassau-st.; Peter
Mitchell and John Lang1on Ward, representing
iofele, the prisoner Freling r. Smith, repres nting
Uhe railroad company, and various officers of that
corporation
Detective Rogers, of the Central Office, brought
hoiele INTO the courtroom about 0 o'clock, and
sat within the nclosure with him until half an hour
later, when Justice Hogan, having disposed of
some minor criminal cases, invited all of the
interested parties into his private room
The Justice began proceedings by asking who
had arrested the prisoner
did, replied the detective.
Upon whose complaints
" don't know. Inspector Byrnes sent me out
to make the arrest"
What charge did you arrest him onP' asked
the Justice
"On a charge Of conspiring with Eben S. Allen
IN Issuing and negotiating fraudulent stock Of the
Forty-second Street and Grand Street Ferry Rail
road Company"
who made the compant?' p the Justice asked
Il believe that President Green, of the rail
road company, called at Police Headquarters and
~~~~~N
was made the detective replied
The Justice turned to President Green and asked
if he desired to make complaint against Hofele
MIR. Green said that he did; that Hofee had made
use of fraudulent stock certificates transferred TO
him by Allen.
1t became necessary at this point to take a
short recess. while messenger was sent after
some of the fraudulent certificates left at the
District Aftoruavfe nnion Whpn rho hparnO
fesumed Justice Hogan said 81 would like
to know just what the compainants are prepared
to prove against this man.
Mr.. Smith. speaking for the railroad company
responded, saying: We are prepared to prove at
once that the fraudulent certificates were forged,
and the circumstances under which IIofele ne.
gOtiated them are at least suspicious. l have not.
however, such proof as l would desire in pro.
ceedng with the examination this morn.
ing. and would therefore ask to have
The case postponed. While l would
Like to investigate further before making
formal charge, | can say that l will probably
proceed against the prisoner under section 521
of the Penal Code which makes it forgery wilfuly
TO utter or dispose of forged instruments by sale
idcS in general way Mr.. Smith added,
Hofele was more or less mixed up in the whole
natter
Mr.. mitchell, on DendlI OF llOIee, Salu tnaU ne
must object to any postpOnement. His client had
already been in custody for more than twenty
four hours, and specific charge had been brought
against him. He thought it was decidedly unfair
10 keep llOfee in Jail in order to give the cOln-
sci for the railroad company time TO go on fish
ing expedition alter facts.
In reply Mr.. Smith said that there was no
doubt that IlOfcle had negotiated the forged GER
tifcates. years after they purported to have been
issued All he wanted was more time in which TO
obtain evidence OF guilty knowledge on Hofeles
part.
MIR Mitchell then Inadvertently outlined Aliens
defence by vehementy declaring that there had
been no forgery in the affair The counsel for
both sides became considerably excited over
discussion that followed as to what constituted
forgery. Under any theory, Mr. Mitchell sad,
hc was prepared 10 prove that Holele was
innoc<nt Ot Hmy offence. IiofaleI he ,'ald,
WAS simply paIl, honest man, mechahc
who had an inventive turn of mind, who had been
i'm posed upon by man OF much brighter lnteI-
lrct UOfcle had secured patents on twenty-three
Inventions which he had been induced 20 aos'sI
10 Allen in consideration for stock certhcIies .!
thp corporatiOn over which Allen presided HOlcIe
had simply been used as IA tool 9y Auen wnom ne
had implicitly trusted. Mr. Mitchell c9htehIeu l ii
that Holeie had acted openly and franKy IA MS
entire connection with the case ana thaJ IL was
through him that Aliens rascalltles had oeen
exposed Holele, he SAID, was anxious TO {oiu IN tn
the prosecution of Allen, as he haq SUI
iered more than any one e,II9 WifCbssI SHfCbbsh
his partners criminal practices: Ar' Ml%nJiIi
insisted that unless some spcclnc charEe sn0uiu
be made forthwith against Holclo JIG 00"
Justice Hogan expressed the opinion that
dpfinite charge should be made, and asked II any
of those present desired to make any formal anu
specific complaint. t
There was absolute silence in the room Tor
momrnf. and then Mr. Smith, on behalf Oh the
railroad company, said that he Wouh maNe ~
charge but would ask that lioiee De Plu UNI NJ
bonds Ia appear as a witness against Alien. Nr
MITCHELL after consulting with lloiele, agrceu 10
ms and the Justice fixed the bond at so,OoO;
Dr. David +. Toal, of NO l2l Avenuc y; Gabarged
as surety on the spot and Hofee was dlScit'rgeu'
several of the spectators shook hands WIN nm
and concentrated him, among them being fresi,
dent Fri,sell. OF the Fifth Ayenqe BANK ahd 40
whom EXPRESSED their belief in his Innocence
The result of the examination shows that hoIeie
Is willing to appear against Allen as witness: anu
his release i regarded as equivalent TO an lhieh
tion on his part TO turn otates e'luen0e ""'i''''
his former partner. r r+ ,bo
Mr.. Smith. the compony's counsel spent lne
greater part Of yesterday 6a corporotioS Hl1 and
experts in handwriting. comparing the lfauu-
ulfnt certificates with those known 10 con,
tain the genuine signatures OF Presidents ut urten
and Curtis. The result shows, I'm the OPINION
Of all who were present. that the signatures
on the fraudulent certificates were l9rgeG
Specimens of the handwrtng, OF ;dtnras rTvsa,
On the fraudulent certificates, and then Insse
signatures were in turn compared WIN uii
signatures known 30 be genuine by tnis e'inct
similarity between President Aliens writing and
the supposed signatures OF Presidents Green an!
Curtis on the fraudulent certificates FOR III
stance Mr.. Allen had habit OF giving a lon3
onward turn after making the last downward
stroke in the capital "G' whereas President
Green ended the G7 with q downward sTenS Ks
on most OF the fraudulent certncaleS u" ~,
has The characteristic inward turn ~ Mr.. Aliens
Writing. The SIGNATURES on the fr nd lent ce
fcates purporting TO have been signed hy fhi fthSis
dent Curtis betray trrmulousnes not observSpIe
in the signatures on The genuine shares ana there
are other marks of similarity between me sig
natures and President Aliens handwriting, par
Tho ofFciais of the company will make every
effort to prove that the signatures on all ihs
fraudulent certificates were forged as the question
of liability depends upon This issue III thc ceI- |
tiecotes were signed In blank ny Presidents Gtecn
and Curtis, the company will be held haois'