New-York tribune., 1908-02-15
JUSTICE. LAGS SADLY.
CASE DR4GS FIVE YEARS.
B. E.. Valentine, ConUicted an 1906,
Still Ont on Appeal.

o,o of tho most extraordinary Instances OF
de,.r In the prosecution and elimination of a
criminal charge is the case of Benjamin f. Val
entine who was Brooklyn lawyer. accused OF
forgery by a Supreme Court justice on August
le 1903 He was not indicted until about year
later He was not tried until two years later. ID
February 1906, and then tried only after an ap-
peal to Governor Higgins who summoned an
extraordinary session. of the Supreme Court to
hear the case The guilt of the accused was
declared by a Jury the same month and sentence
was passed An appeal followed a stay arter
sentence the same month. and the hearing on the
anneal has not alone been held up until the
nresenf time but at the present time no date
for the hearing is In view. A procrastination Oh
nearly five years In a cause recognized by TWO
Supreme Court justices fagrant and by poth
so declared from the bench. has pecuiiarltles
that place 1t in the annals of cases celebrated
for unexampled slowness on the part OF the ma
chinery of prosecution
In all this time the accused man has been out
on bail has transacted the business connected
with his estate and is to-day, In all respects
outside of the court records free man The
following is a summary of the prosecution and
the first distinct finding Of a court that led TO
the bringing of the indictment:
August 1eos-Deed which SAID to have be ,bs been
Of the Supreme Indictment for forgery delayed
December 80 1so5Govenor Higgins appsaled Ito to on on
secOgn Of delay ordered naa trial IN ns assnd
February :. 1905 Trial on forgery charge begun
FEBRUARY 24. Sentenced not more than FIVE
Sing Sing hard labor. Notice Of appeal given anu
February a. 1sos-No the hearing g, Of
aTgenents ss on ~ me fs sppea Gss Of >6 5eIaT
The District Attorney of Nassau County
al Valentine be-
fore Justice Watson NJ. Rogers. in the Supreme
Court at Mineola, Long Island IN February
two years ago. Mr.. Coles could not say yesfer-
day when the appeal would be heard. He said
the cause of the delay-amounting to almost
two years-was due 10 the great labor involved
in preparing the appeal papers by the prosecu-
ton and the defence, and also to the fact that
he was exceedingly busy and could not devote
all his time case But Mr.. Coles also
said that he had applied for a vacation of the
stay several months ago, without success as
proof that he has not been idle in the matter.
He did not explain hoy he could expect to
vacate the stay before he even argued the ap-
peal.
BEFORE PUBLIC TWELVE YEARS.
Mr.. Valentine has been before the public as
litigant and as the defendant in prosecutions
for more than twelve years. In 1896, at the
december term OF tHe AppSiidtS 1'iN ioioii' Az
was suspended from the practice of law for two
years for improper transactions. Several years
later Justice Maddox, in deciding case In
which Mr Valentine was involved, said that his
conduct was most reprehensible and that he
should be Gealt with by the Appellate Division"
From the very beginning of the proceedings
aga inst the lawyer, although he has been crltl-
cised from the bench, indicted for forgery, found
guilty and sentenced. he has not. beyond the
suspension from the practice of law, suffered
punishment. AS stated by person familiar
with the case, either a grave injustice is being
done TO the convicted man. and his name should
be speedily cleared or the sentence should be
carried out, and that in any event the dallying
with Justice was one of the most scandalous in
the annals OF the courts.
CASE CAME UP IN 1903
The prosecution that led to Valentines con-
vction had its inception in April, 1903. At that
time Justice wilmot NJ. Smith, of the supreme
Court, heard a case brought by the children and
heirs of the late Mrs. Marie A. Valentine wife
| of Benjamin E. Valentine to clear title to Ger
| tain lands belonging to her. The particular
| properties concerned were in Cedarhurst and in
| California, and were represented to be covered
| by a deed made by the wife OF Benjamin E.
| Valentine transferring the properties to VAL
entines mother, Mrs Elizabeth H. Valentine.
| The deed, which, ii alleged, was fraudu-
| lent, was dated May 23 1898. The signature.
according TO the Nassau County records, pur-
| ported to have been acknowledged that day
| by benjamin E Valentine notary. 1t was
| he who had it placed record in the clerks
| office Of Nassau County on June q, 1900, seven
| years after it was purported to have been exc
| cuted and ten months after the death of Mrs.
| Marie A Valentine and thirteen years after the
| date of the document. On the day that he had
| II recorded he made proof Of acknowledgment as
| subscribing witness and swore that he was
present and his wife execute the deed.
JUSTICE SMITHS DECISION.
Justice Smith gave his decision on August 10
| 1903 that the deed was fraudulent. spurious and
| void and that the signature to said instrument
| is not the genuine signature of Marie A. Val
| entine and said deed is not and never was
| valid instrument It was not until many months
| later, after The Tribune had sharply commented
| on the scandalous delay, that the Indictment
was found, and the trial was begun on February
| T. 1906, at Mineola, before Justice Rogers OF
| the Supreme Court. and a jury. Handwriting
| experts for the prosecution and the defence
| were heard. and on February H. after being out
one hour and half, the jury brought in a YER
| dict of guilty. Justice Rogers entertained G
motion for arrest of judgment and bail was f1xec
| at $1,000, and Saturday, February "a was set a.
the date for arguments. on that date Valentine
was sentenced, and Justice Rogers said:
Valentine a jury of your own choosing and
selection from your own residential county has
found you guilty of the crime of forgery. From
the evidence it seems to other verdict wa.
| possible. The crime of which you have beer
| found guilty is without a shadow of paIliatior
| or excuse. Viewed in any light the situation is
| a painful