New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-22
PPENDERGAST ACQUITTED.
TIE VERDICT IN A STRAW BAIL CASE SURPRISES
LAWYERS.


Tho fury in the trial of E. Francis Prendergast
for perjury in Part ~ General Sessions YESTERDAY
afternoon brought in a verdict OF not guilty, ana
Judge McMahon discharged the defendant iherc
was some excitement In court at the time AsslS'
ant Dsitrict-Attorney Osborne asked the Judge
not 10 discharge the man, as the verdict was Ao'
in accordance with the evidence, and furthermore
~. ~ wanted IN make another charge against
Prendergast. -, A..
prendergast tired to leave the court when the
verdict was announced and before MI ospoi"e
could make another charge against him. court
Officer Wheelock took n irmer grip on ueis"''
and would not let him go.
Thomas Atchinson demanded the discharge or MS
client saying he would produce him when "d"'eu'
Mr. Osborne urged the Judge not TO discharge tHe
man until he could make out an aindaVt anu d
new charge The Judge said he would discharge
the man and the man hastily left court before Mr.
Oshorne had ceased arguing for his detention.
prendergast was accused Of giving straw BAN IN
the courts 1t was alleged that he was the moving
spirit in an extensive scheme to supply "ort"'eSS
bail for 50 much money for each pan poiu' nc
was charged with perjury In falsely swearing that
he was the owner OF the property at NOS. 90 ana
S3 Eeventh-ave 1t was shown on the triai 'ha'
this property belonged TO Charles Edgar Appepy
for the last eighteen years.
Prendergast testified that Mary Lynch on
Noycmbe. last transferred to him the property In
question for a consideration OF ST. so that he could
"a
Office of Ralston Smith, lawyer. Of No. Wall-st'
Prendergast. It was said. was TO give 10 per cent
of the money received for going ball to smith ana
was TO retain o per cent.
He didn't know Mary Lynch and supposed she
owned the property. but made no inquiries to see
II she did. Smith he said. gave him "A deco ior NE
property and this deed was duly certhed al 'lc
Registers office. a., 49,.
Mr. Atkinson asked the Judge to charge the Jury
that Il was legal for person TO hold transfer Oh
property though he did not own that property
The Judge did So The lawyer also asked the Judge
TO charge that Prendergast was not legally Douhd
to Inquire If Mary Lynch owned the property she
transferred, and that the fact thar the transfer
was certified 10y the Registers Office was prlha
face evidence that the transfer was Legal. -,
The verdict caused considerable comment IN tne
court. Lawyers said that IT meant that any, ono
could lay claim to any piece OF properly III Nv ~,
York and by getting a supposed deed OF transfer
from one person to another. certifed 10 by lne
Registers office unknown to the real owner, couli
enter into a transaction with third person anu
operate swindle, ana at the same Time cast Il
cloud on the title OF the real owner.
Prendergast had pledged the property IN question:
for the bail Of six Chinese in the police court LOT
which Il said he got $50
1t was reported about General Sessions that inc
DistrictAttorney would cause the rearrest OF fieh-
dergast another charge OF perjury IN connection
with giving worthless bail In court