Majority
p. 181The People vs. Glorianna Lewis.
Headnote
If A comes into the store of B. and in the presence of himself and a number of c]erks, passes ^q°u n te rfeit note, and B £^tohiTdrawwhere a11 HIS ClGrlCS have access, a private uPon A cannot be convicted ot ^“te" because the uncer^the note £¡asseá uponOn Counterfeit Notes.
terfeit notes, in the following words : Glorianna Lewis was charged in an indictment on conn-.
City and County of New York, ss.
“ The jurors of the people of the State of New X ork, i£ in and for the body of the city and county of New York, ££ upon their oath present, "
“That Glorianna Lewis, late of the first ward of the “ city of New York, in the county of New York, “ said, spinster, on the twenty-seventh day of January, in “the ye^r of our Lord one thousand eight hundred “ twenty-three, with force and arms, at the first ward “ the city of New York, in the county of New York, “ aforesaid feloniously had in her custody and possession, “ and did receive from some person or persons, to “ jurors aforesaid unknown, a certain false, forged, ‘•counterfeit promissory note for the payment of “ commonly called a bank note, which said last mentioned “ false,» forged, and counterfeited promissory note for the ££ payment of money, is as follows, that is to say (here “ recitethe note verbatim.) with intention to utter and pass “ the same, and to permit, cause, and procure the same to “ be uttered and passed with the intention to defraud Elias ££ Fountain, she, the said Glorianna Lewis, then and there “ well knowing the said last mentioned false, forged, and
p. 182
K counterfeited promissory note for the payment of money, 'j “ to be false, forged and ■ counterfeited, as aforesaid, \ “ against the form- of the statute in such case made and “ provided, and against the peace of the people of the State “ of New York, and their dignity.'
“ And the jurors aforesaid, upon [¿heir oath aforesaid, “ do further present, that the said Glorianna Lewis, after- “ wards, to wit, on the said twenty-seventh day of Janua11 ry, in the year of our Lord one thousand eight hundred il and twenty-three, with force and arms, at the first ward “ of the city of New York, in the county of New York, “ aforesaid, feloniously and falsely did utter and publish “ as true, with intention to defraud Elias Fountain, a cer- “ tain other false, forged, and counterfeited promissory “ note for -the payment of money, commonly called a “ bank note, which said last mentioned false, forged, and “ counterfeited promissory note for the payment of mon- “ ey, is as follows, that is to say, (here again repite the “ note verbatim,) the said Glorianna Lewis, at the said “ time she so uttered and published the said last men- “ tioned false, forged, and counterfeited promissory note “ for the payment of money, as aforesaid, then and there “ well knowing the same to he false, forged, and counter- “ feited, against the form of the statute in such case made u and provided, and. against the peace of the people of “ the state of New York, and their dignity.
“ And the jurors aforesaid, upon their oath aforesaid, “ do further present, that the said Glorianna Lewis after- “ wards, to wit, on the same day and year first aforesaid, “ with force and arms, at the first ward of the city of “ New York, in the county of New York, aforesaid, “ feloniously had in her custody and possession, and did « receive from some person or persons to the jurors afore-
p. 183
“ said, unknown, a certain other false, forged, and coun- “ terfeited promissory note for the payment of money, is “ as follows : that is to say, (Aere again recite the note ver- “ batim,) with intention to utter and pass the same, and to “ permit, cause, "and procure the same to be uttered “ passed, with the intention to defraud some person to “ jurors tínknown, the said Glorianna Lewis, "then and there well knowing the said last mentioned false, forged “ and counterfeited promissory note for the payment of “ money, to be false, forged, and counterfeited, as afore- {‘ said, against the form of the statute in such case made “ and provided, and against the peace of the people of “ the State of New York, and their dignity.
“ And the jurors aforesaid, upon their oath aforesaid, “ do further present, that the said Glorianna Lewis, after- “ wards, to wit, on the said twenty-seventh day of Janua- “ ry, in the year of our Lord one thousand eight hundred “ and twenty-three, with force and arms, at the first ward “ of the city of New York, in the county of New York,. “ aforesaid, feloniously and falsely did utter and publish “ as true, with intention, to defraud (insert the person or “persons defrauded,) a certain other false, forged, and 11 counterfeited promissory note for the payment of money, “ is as follows, that is to say, (here again recite the forged instrument,) the said Glorianna Lewis : at the said time “ she so uttered and published the said last mentioned “ false, forged, and counterfeited promissory note for the “ payment of money as last aforesaid, then and there well knowing the same to be false, forged, and counterfeited, “ against the form of the statute, in such case made and “ provided, and against the peace of the people of the “ State of New York, and their dignity.”
She was arraigned, and plead not guilty to this indictment.
p. 184after proving these facts, rested the case. contended that the evidence against her was too uncertain ; that the bill was out of the pos session of Mr. Fountain and his clerks, that it did not appear with sufficient certainty, that it was the same bill passed upon the prosecutor, (if any was passed :) that it lay in the drawer, and was subject to be taken out, or exchanged by one of the clerks ; he contended there was 'a chasm in the evidence, an uncertainty not admitted in prosecutions of this nature, and cited 4 Mass. Rep. p. 465.
The circumstances are briefly these, she came into Mr. Fountain’s store, No. 231 Broadway, and purchased three yards of bombazet, for which she was to pay one dollar and fifty cents, and offered the counterfeited note in pay- ' She received the change, and left the store with the goods, she had not been gone but a few minutes before it was discovered the note was counterfeit. The note was received by one of the clerks in the store, it was put into the drawer by the clerk at the time he received if, and there was no other money of the same amount or description in the drawer at the time. Soon after the prisoner left the store, some doubts existed as to the genuineness of the note. It was taken by Mr. Stkong, one of the clerks, to a number of brokers’ offices, and it was pronounced bad. -
Mr. Fountain testified to the identity of the prisoner, he described her hat, coat, and dress, particularly, and knew her also by her countenance.
Maxwell, District Attorney,
Price, her counsel,
The Court were of the same opinion, and so instructed the jury.
The jury returned a verdict of not guilty.
Glorianna Lewis was also indicted for uttering a five dollar counterfeit note of the Eagle Bank in the city of
p. 185
New Haven, dated January 1, 1821, No. 1084, letter D., upon John Jewet, Jun., on the 28th day of January, 1823. Mr. Jewet was a clerk in the store of Mr. James Ripley, No. 205 Broadway. She called at the store, and bought five and a half yards of calico, and handed the young man-.a five dollar bill of the Eagle Bank in the City of New Haven.
She was also charged with passing upon Phineas Whitney, No. 53 Fultbn Street, a five dollar counterfeit note of the Eagle Bank in the City of New Haven, dated the first of January, 1821, No. 307, letter D., on the 29th of January, 1823. She came into Whitney’s store and purchased sis yards of calico, amounting to fifteen shillings, in payment of which she handed him the counterfeit note of the Eagle Bank in the City of New Haven, and received the change—not prosecuted.
She was also charged with passing upon Bevil L. Granville, a clerk in the store of Bliss and White, No. 128 Broadway, a five dollar counterfeit note of the Eagle Bank in the City of New Haven, No. 1324, letter D., dated January, 1821. She came into the store and purchased a book for twenty-five cents, and gave Mr. Granville the counterfeited note, and received the change—not prosecuted.
• She was also charged with passing upon Mr. Cornell, No. 28 Chatham Street, a five dollar .counterfeited note of the Eagle Bank in the City of New Haven, dated January 1st. 1821, No. 1059, letter D., on the 28th day of January, 1823.
She was tried on .the last charge, in which the others were given in evidence ; but after a patient investigation was acquitted.