New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-04-22
Abel Is FOUND GUILTY.
Continued from first page.

way leading to the lawyers Enclosure. Then
Miss Anderson answered the question in the
affirmative
J. B. Van Every denied the authorship of the
letter signed with his name. said he had no
knowledge of Abeei of ]. o. Goelet. and that
he had not authorized any to write such
letter.
WROTE THE VAN EVERY LETTER
Miss Edna Collins. a stenographer at the Man
haitian Hotel testified that she wrote the Van
Every letter. all but the signature. the dicta-
ton of the defendant.
Robert Goelet said there was no Ogden Goelet
in his family. and 10 J. Ogden Goelet. He de-
MED any knowledge of James ". Abeel
You have been interested in this prosecution
since it started?' asked counsel.
Il want to see the guilty punished replied
Mr.. Goelet. Il placed the matter in the hands
of my attorney, Delaney Nicoll. and instructed
him TO cooperate with the District Attorney"
asked.
Because did not like it said that I was to
marry Miss Anderson"
Did you not instruct your lawyers that you
would let up in this matter and be satisfied with
a suspension if sentence if Abeel would plead
guilty.
No"
Taking up the defence, Mr. Lynch Abeels
counsel, asked for the discharge of the de-
PENDANT on the ground that the allegations OF
the indictment did not show a crime; that the
facts proved or admitted did not constitute
crime; that the facts proved were inconsistent
with the allegations in the indictment; that no
intent to commit any crime had been shown,
and that no injury had been done by the mis-
representation charged
In reply it was Contended that the felonious
nature of the forgery was in the intent TO de-
fraud by means Of misrepresentation. Counsel
declared that If he presented letter of introduce
ton purporting TO be signed by Theodore Roose-
welt, and secured thereby an invitation to din
ner he would be guilty Of forgery.
he cv1e Iar{aH he
PENDANTS counsel.
NO REFERENCE TO MISS ANDERSON
Mr.. Lynch reminded the jury that the indict-
and that the so-called forged instrument had
done no injury to Mr.. Van Every. He denied
that the jurors had any right to go outside the
record to find any proof Of criminal intent on
the part of the defendant
Assistant District Attorney Rand. in summing
p. said. Il resent the imputatiOn that / would
indct and prosecute and try any to serve
any private interest. l am here in the interest
OF my client, the City Of New-York. To mis-
represent Mr.. Van Every was not the main OBJ
tect of the forged introduction. We know the
main object of the defendant. To use Il letter of
Introduction to honest woman for a dishonest
purpose is wrong to the man who gives the
introduction-a wrong to be eXpiated with the
horsewhip.'
The defendant and his father were both In
tears when Mr.. Rand sat down. Recorder Golf
confined his charge to the legal aspects of the
case.
When the jury had been out thirty-two min
utes il returned to the courtroom with request
for Instructions from the Recorder. The Ques-
ton It propounded follows
IF a man signs another mans name to a
document, and that man has not suffered any
injury or been otherwise defrauded IS the man
who signed the document guilty OF forgery
The Recorder said:
I cannot answer you with yes with no.
hut ] VII tell you this. which. / think, will re-
move the doubt that is in your minds: To con-
sttute forgery, it is not necessary for the prose
cuton 10 prove that the person whose name was
thought 10 have been forged was either de-
frauded or otherwise injured
Two minutes later the verdict returned.
According 20 the statute. the penalty for forgery
in the third degree is Imprisonment for not
more than five years.
Captain Abel did not seem much surprised at
the verdict for Mr. Lynch had told him after
the last instructions by Recorder Goff that con-
ViCtion was certain.
Mr.. Lynch made the usual motion for a new
trial, and Recorder Golf remanded Abeel until
reNt Monday. He said he would hear the ar
gument on the motion then