New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-13
DEMARESTS TRIAL STOPPED.
HIS CRIME SAID TO BE IN ERIE COUNTY.
THE JURY Is DISCHARGED AND HE Is HELD
FOR THIRTY DAYS IN RoCKLAND COUNTY.

THE JURY IS DISCHARGED AND HE IS HELD
FOR THIRTY DAYS IN RoCKLAND COUNTY.
The case of the People against Assemblyman Frank
p Demarest came on for trial yesterday In the hOcA
land County Oyer and Terminer Court at Ne"-Ci.y'
Judge Cullen presiding. The, indictment on whch ne
arTaigned for forgery In the seconu ue
gree ia having uttered forged receipt 20 the Union
Steamboat Company, at Buffalo, y. Y IL TOOK Ulul
nearly midnight Monday 10 complete the necessary
Jury OF twelve men. and yesterday morning al . 80
O'Clock the Judge and jury Mr.. Demarest and al the
lawyers in the present and In their places
Colonel Richard vose, president Of the Board OF
Trustees Of Upper Nyack. the first witness called
for the prosecution. He testified that the tax blis
for that district made out september 49, 1870
and placed In the hands Of John T. GurdineT, the
collector John T. Gurenier was next sworn. lie
did not make out the bills himself. but asked G. e.
stevens TO do that for him, he better writer
No one collected the taxes but himself He knew
that Mr.. Demarest represented the Union Steamboat
Company at Upper Nyack. He spoke 10 him about the
tax bill Of this company. The defendant asked him for
the bin. and with the witness to his house
10 get the bill. While there the defendant asked
him for two blank bills. Defendant said he wanted
one to send to New-York and the other he wanted
for himself He did not see the defendant until
week or so after this and when he asked him II he
had received any tax money from the steamboat com
pany he replied that he had not. Prior TO January
the witness did not the alleged false bill which
the defendant sent to the steamboat company nor did
he know that such bill had been sent OF that his
name had been signed TO it. He had authorized no
one 70 sign his name TO any bill He had not signed
any receipt for this company for two years nor had
he authorized Mr.. Demarest 10 do so.
E. A. Miller cashier of the steamboat company.
testified that the company had an office In Buffalo
and one In NyOck. He was not acquainted with the
defendant. He remembered receiving communica-
ton from him regarding the taxes Of the company
and said he had drawn check for HAS "a payable
TO the order of John T. Gurdnier, Collector This he
sent TO the defendant with letter and the bill The
receipted tax bill was returned to the office OF the
company few days later, and the name OF John l.
Gurtnier was written across the bottom.
In the afternoon Clarence Lexow. one Of the counsel
for Mr. Demarest moved Dor the dismissal Of the IN
dctment and for the court TO direct the acquttal d
the defendant upon the ground that no proof had been
given in the case showing that tho crime charged had
been committed in the county Of Rockland. The in
dictment had two counts for forgery Of tax re
cept and the other for utterng TINS forgd receipt
The Judge granted the motion and discharged the Jury
and said that on the testimony In the case II appeAeu
10 the court that crime had been cOmmltteu- Dul 10
was committed In the county Of Erie. He directed that
the defendant be committed u the county jan tDt
thirty DAYS 10 await any warrant which might be sent
from Erie County for his arrest. subsequently the
court fixed the bail at $1,000 and bonds We're gwen
for that amount by eX ASsemblyman JOhn W. feileI'
OF Haverstraw and eX-supervIsOr Richard u. Mafhu,,
of stony Point Whether the Erie COunty ofcals VIII
proceed against Demarest or when the other slA IN.
dctments remaining against him Will be tried Is as YET