The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-17
JUDGE HARDBws AFFABLE BOW.
Broken Broker Backer Recogn zes 1t
With a Glare OF Hatred.

Broken Broker Backer hecogn zes
With a Glare OF Hatred
Judge Harden isexpected back from NeN
York this morning t. pFe'ide IL ta'
oity court to-day. Judge Hardens prose
cution OF Abraham Backer has given hin
co,sidar,bla prominence in New York.
The New York Hsraf gives gossippy &c
count Of the hearing before Justice y Kelly
- he TomEs. at the head q
winch il prints picture OF
ID Harden. TIE hearing Of the case
vvas one Of a good lell Of interest.
Tna accused fuancler appeared IL court
leaning up1n the arm Of his youngest son.
. Ills stem vas fee bic, tue fingers that cIutched
tbe coa- sleeve q the stalwart son trenbled
,oovuIsivelr. and as the old man finally
sank down upon a chair within the ra!iei
inclosure below the justices desk he turned
n the well filed room a face which told in
its hagcarI lines tie story % tortuTlng sus-
pense and anxiety.
/ Close upon Bakers heels Judge Harden
entered. arm IN arm with Assistant District
Attornsg Townse q, who appeared as the
peoples representative IN tie case. Ibe
Herald desert oaS the judge IS tall, q arlsto-
cratic mould. with riSh o. Cd features acd
a glistening white mustache Of military
sweep he had won tie court room audi
e-ce before lie was half way Up the middle
aisle en- his y az 70 the rallied Enclosure, and
when be passed toe acccsei with q coITte-
Gus inclination u ire tssd. acd received IN
return glare o. ctv.ols hatred, has case
was absolutely won - fAr IS po.1lsr SYM
pa Thy wss c0DSs--s1-
Lawyer DYes; cpe1ed TIE proceedings by
calling Judge Harden . the stand aud
putting hin through s-asrls5-nav loag
draND-out examination s. T. ths facts al
l. - N=N -
ra1t q arrest was IsSos1- The attorney
ugat 20 prove that tbs sea3svIt bad bes1
prepared BY oounsel regardless II tsct and
% As - 81 thai sSci2o1 q. tbs criminal Gods
under which tie scLu1 wss brought
Judge Harden. however. promptly verified
every fact e1oodisi Il tss instrument
Then during 81 hour II guest ollne. IL
ssrsperssd VIII bitter little rts hsrwesu
counsel, NJ. DyetJ lao-re u show first,
that Bscker personally discounted tns
So 0J Dots aoo did mt neg tIsts II
through SDoths-, IS -oS AFFIDAVIT s.
lsgss. and, second, thai tha-e was no express
a.. esnsnf thst bscksr should hol1 the col
lstsrsls sent - him IS security for the noue
But Judge Harden met The DEFENDANTS
counsel ct every point, sod clearly demon
s.TAtsi that The city court Of Savannah,
over which be ureSldes, bSs man x res IL
vt and legal sttsinuents upon It's bench.
As % LAWYER Dyett's claim that Backer
personally discounted the plaintiffs note.
Judge Harden introduced two receipts for
brokerage charges paid by hin 70 the de-
feodA1, for services in negotiating the note
through smother party. Tbs was some
thing II "fscer7 for Mr.. Dyett Judge
Harden then showed coaclusively by q letter
written BY the defendant that there was an
express agreement between himself and
Bscker that the collateral sent TO the latter
should b kept s. security for the note.
Tae plaintiff testified that the first init
nation he received Of irreZularitY in Mr..
Bscker's methods came b. telegraph direct
- him from Mr.. Sullivan, head bOokkeeper
Tor A Backer & Co. The message ran:
Your note due the 18th is in the National
Park Bank discounted by Backer. He has
hyPothscatsd your securities at the Mer-
chants Bank as collateral for loans
Judge Harden went at once to New York
and confronted the old note broker with
this telegraphsd announcement of his mis-
doing. Yes admitted Backer, lit is true,
have negotiated your securities. But
did not mean TO do wrong. Sincs my
troubles commenced have been forced to
realize on collaterals in my possession, but
did 1t on advice, which, however, may
have been bad. Ny intentions were hon
est"
Judge Harden found out where his note
was deposited. paid it, and returning to Mr.
Backer made q formal demand for his secu-
rites Backer did not have them. A SIM
liar demand was next made upon Mr.. Elm
stein, Backer's assignee. but that gentleman
regretfuIly confessed his inability to pro-
dues the missing certificates. Then Backer
was arrested.
Lawyer Dyett made long appeal in his
clients behalf, in which he argued that the
rehypothecation of stock was a recognized
usage among brokers the world over also
that to establish a charge of larceny it
must be shown that theft was meditated
from the very instant that the property
IN question passed into the hands OF the ac-
cused.
The argument was OF no avail, as Justice
O'Reilly, Immediately upon conclusion o.
the srgu ment, held Backer for trial.