10 D.C. 315 (D.C.D.C. 1879), United States v. Brooks

Citation10 D.C. 315
Opinion JudgeCARTTER, Ch. J.
Party NameTHE UNITED STATES v. JOHN R. BROOKS.
AttorneyH. H. Wells, District Attorney , for the prosecution. A. G. Riddle , for defendant.
CourtSupreme Court of District of Columbia

Page 315

10 D.C. 315 (D.C.D.C. 1879)

THE UNITED STATES

v.

JOHN R. BROOKS.

Supreme Court, District of Columbia.

September Term, 1879

H. H. Wells, District Attorney , for the prosecution.

A. G. Riddle , for defendant.

STATEMENT OF THE CASE AND DECISION.

CARTTER, Ch. J.

The defendant was indicted for forging a written conveyance of real estate in the city of Washington.

The indictment set forth the alleged forged instrument, conveying lot 5 in Davidson's subdivision of square 283 to one Hannah Brooks for a consideration of $3,500, and purporting to be executed by Charles Baker and Sarah E. Baker, his wife, on January 27, 1877. It was acknowledged and delivered to the recorder of deeds on the same day. The concluding averment is, that the offense was committed " with intent to defraud the said Charles Baker against the form," & c.

Anthony Brooks and Mary Dangerfield were also included as defendants; but John R. Brooks was brought to trial separately, and without the others.

The plea was not guilty. The jury returned a verdict of guilty against the said John R. Brooks.

From the bill of exceptions it appears that upon the trial the government introduced testimony tending to show that the real estate described in the deed set forth in the indictment belonged to Charles Baker, who had died since the finding of the said indictment; that his name was Charles Hall Baker, but he always signed his name as Charles Baker, and was known as such among his acquaintances; that said deed described in the indictment as from Charles Baker to Hannah Brooks was forged, and that the defendant, John R. Brooks, delivered the same to the recorder of deeds for record on the 27th day of January, 1877. And to further maintain the issue joined, the government called one John W. Starr, who testified that on the ______ day of February, 1877, the defendant, John R. Brooks, presented to him (Starr) a deed of trust dated on the 3d day of February, 1877, and executed by one Hannah Brooks, conveying the real estate described in the indictment in trust to secure a certain promissory note made by said Hannah Brooks to the order of one James Carroll for $2,000, and endorsed by him, and said John R. Brooks requested an advancement to him of money thereon, upon which said note and deed of trust he (Starr) advanced to said Brooks the sum of $2,000; or, to state this part of the case more clearly, on the 3d day of February, 1877, the defendant Mary...

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