New-York tribune., 1908-02-22
VALENTINE STILL FREE
CONVICTED 2 YEARS AGO.
Not Euem Prospect of Speedy Hear
ing of Forger's Appeal.

Mineola years ago IheFe "aS ~
two years frcm the date of the Indictment -
~, go o4 tho trial Two years have passec
since the trial. conviction and sentence anu '-'
the case is undecided.
Tho anneal hearing was 10 be pusheo II "f9
so announced and Il was so UNDERSTOOD Du
Nr Valentine is hard man to push nc
rrenaring his own appeal papers, IL Is '"
These papers do not always meet the appio'"i
of the District Attorney of Nassau ooul's
Then they must be amended or chahseo IN
some way other
As, .-o,a,,;,a is no longer a member OF the
,- Of Tsrooklvn He has considerable estate
ana Tho appeal case TO look after he Is
= replecting neither the former nor the ialuei'
As he has been work on the latter ior .
years. and is still far from having ooiiipie'eN
his case il should not be a matter 1or sur i'e'
II Was said at Mineola yesterday, that the pIo'e
cution was not ready. with all the aooiiioiiaA
work of the District Attorneys ONCE as oe-
traction.
DISTRICT ATTORNEY PREPAhi>D'
Franklin a Coles, the District Attorney Is
devoting every spare moment TO perfectlis li
case. He wishes to be thoroughly prepared anu
This takes time. Years have passed siAoe 'i'0
convIction: more years may pass before '"e <Ap-
,.alla+A Division of the Supreme Court hears the
snreal but when il does hear ii, 1t VIII hna 'iie
District Attorney of Nassau County prepared ~
make the fight of his career. He does not pun
rose that any alleged defect in the lholclliiei'
shall stand in the way of his success Inns "'
,ered defect was one of the weighty contentious
that caused Justice Watson NJ hoseis' ~
tried the case. 10 grant the stay
II is said that the fear Of a reversal Is one "t
,ba causes of the delay. Perish the thought
ss,-s MIR Coles It WAS also said yesterday that
Valentine was confident he would go free shouio
the appeal be heard. MI Coles does not oehe'e
ANYTHING of the kind But Mr. Coles Is oe
ternlined to be prepared for every enersehCS'
II was furthermore said that the case "ouio pe
outlawed if the lawyer was freed unoer 'iie oi0
indictment.
LIKELY TO GO FREE, IT is THoC"hl'
No intimation of intent TO get the man
,r.o x,ss made. That he is likely to go free was
admitted by other lawyers who have 1ousnl
Valentine 1t was also admitted that this would
be one Of the most fragrant miscarriages OF JUS
tice in this state, but at the same time IL "as
Lid that II could not be helped II was All
blamed upon the alleged defective indictment
At the same time the case on appeal mas lio'
been argued as yet and until ii is MI aIeh
tine will be out on bail, having been convicted
IF forgery and having been sentenced 10 SiIs
Sing
lanes p Niemann was the Distrlct AtlOrheS
of 1sssau County when the indictment against
case 10 the attention of the grand jury after
The Tribune had called attention TO il. Mr. Me
mann said Yesterday that the very greatest care
,,-as exercised in the drawing of the papers. he
said that if there had been a flaw IN the inolcl-
,nent NJ Valentines lawyer, John vincent WHO
MAS an Assistant District Attorney IN TINS CITY,
,ro,,s have detected it at and would have
moved for its dismissal. Mr. N1ernann also salu
-ha+ Valentine appeared before the grand jury
sing anV
bic objection tc the Indictment because Vi 'iio
testimony of the accused.
,r1FuaHI CAN'T UNDERSTAND DELAY
Mr Hiemann. when seen, was under the I'M
nressjoR that the case had been heard in the
Appellate Division He could not understand
why it should have been delayed, but admitted
,ba, there were many things for the District
Attorney of Nassau County 10 attend 30 and
that no doubt the convicted man was sparrlng
for time.
A re,,ortar for The Tribune saw Mr- Coles yes
terdav Mr. Coles said that time for the ar
zurnent of the appeal had been set He also
said that the case was an exceedingly dllncull
one 10 prepare. 1t was not so difficult IN ltseH'
he admitted. but the papers OF the defendant re
ouired so many amendments, there was such
enalass work in making the papers just right.
that the time for the argur ent OF the case Coulu
not be even approximately stated
NJ Coles would not agree that Valentine
would be likely TO so free. The District Attor-
,ev had no definite criticism 10 make Of the
Indictment He would not say that the papers
did not cover the case.
when on trial Valentines lawyer said that
the indictment was defective in that it was no
statutory crime 10 utter forged instrument
RI,t Valentine was convicted by a jury scath-
5nsly arraigned by Justice Watson NJ Rogers
and sentenced This was done at extraordi-
nary session of the Supreme Court. called at the
request Of Mr Coles, who felt that il would be
hetter to have some one try the case who was
not q resident OF that part of the state.
There IS nothing vague about the law in rela-
lion 10 forgery Section 521 Of the Penal Code
is about as explicit as Bit of English could be
1t says:
A person who knowing the same be forged
OF altered. and with intent defraud. utters.
offers disposes Of OF puts off true, has
in his possession With intent so to utter, Offer
dispose of put Cf. either first, forged seal
plate. or an impression of either: or second. a
forged coin. or third forged WILL deed.
1ificaG = Endorsement record. instrument writ
ing. or ether thing the false making forging or
altering Of which is punishable as forgery is
guilty Of forgery in the same degree as if he
had forged the same.
COLES BUSY WITH MURDER CASES.
Mr Coles said yesterday that he was NOR,
the case. Mr.. coles said also that he was most
cesirous THAI tie Appellate Division should hear
the appeal lie is busy with murder cases just
now and cannot give his time TO anything else
But Mr. Valentines time viii come. and Mr.