THIS case came before the court on a writ of erroRBy the return, it appeared that an indictment in the following form^ was found in the New York GeneralSessions, against the plaintiff in error : " City and County of New York,Ss: The jurors of the People of theState of New York, in and for the body of the city and county of New York, upon their oath present: That George b Clements, late of the first ward of the city of New York, in the county of New York aforesaid, on the 3d day ofSeptember, in the year of our Lord one thousand eight hundred andSixty-one, with force and arms, at the ward, city and county of New York, afore- said, feloniously did falsely make, for^e and counterfeit, and cause and procure to be falsely made, forged and coun- terfeited, and willingly aid and assist in the false making, forging and counterfeiting, a certain instrument and writing, commonly called a bank check, whichSaid false, forged and counterfeited instrument and writing, is as follows, that is to say: With intent to injure and defraud Charles F.

Livermore, Henry Clews and Henry M Mason, and divers other persons to the jurors aforesaid unknown, against the form of the statute inSuch case made and provided, and against the peace of the People of theState of New York and their dignitY And the jurors aforesaid, upon their oath aforesaid, do further present: That theSaid George b Clements, late of the ward, city and county aforesaid, afterward, to wit, on the day and year last aforesaid, with force and arms, at the ward, city and county aforesaid, feloniously and falsely did utter and publish as true, with intent to injure and defraud theSaid CharlesRLivermore, Henry Clews and Henry M Mason, and divers other persons to the jurors aforesaid unknown, a certain false, forged and counterfeited instrument in writing, commonly -called a bank check, whichSaid last mentioned false, forged and counterfeited instrument and writing is as follows, that is toSay : TheSaid George b Clements, at theSaid time heSo uttered and published the last mentioned false, forged and counter- feited instrument and writing as aforesaid, then and there well knowing theSame to be false, forged and counterfeited, against the form of theStatute inSuch case made and provided, and against the peace of the People of theState of New York and their dignitY The defendant having been arraigned uponSaid indictment, pleaded not guilty, and the trial thereon was had before JOHN T.

HOFFMAN, Recorder of the city of New York, and a jury, at a Court of GeneralSessions in the city of New York, on the ninth day of October, 1861 The prosecution called as a witness, William bSend, who testified : I am in the employ of Livermore, Clews & Mason, and wasSeptember 2, 1861, as clerk ;Saw prisoner at theirStore, first time,September 2 ; he presented a letter nowShown; don't recollect that heSaid anything; Clews opened it; marked at the foot the price at which the notes would beSupplied, and handed it to me ; I made outStatement at that price, and handed it to the pris- oner ; ISaw it the following day ; he took it and asked when he could have the notes; he came on the 3d, in the morning, and presentedSecond letter; it inclosed a check which is attached to complaint ; ISaw it was for amount ofStatement, and appeared to be certified ; I handed him the five treasury notes of $500 each, and he left theStore in a few minutes ; nextSaw him inStation house ; he was arrested on complaint of the house.

(Check here read in evidence)Gross-examined: First letter was in envelope fastened with gum ; Clews broke it open and read it ; don't recollect heSaid he was requested to get the information ; he didSay, " when can I get the notes ? " don't recollect heSaid any one told him to ask ; theSecond note wasSealed ; no conversation at that tiMe & Hatch,Sworn for prosecution : I am cashier of " Bank of Jersey City," and ISometimes certify checks ; when I don't, teller does ; teller's name is Post ; he has been in the bank four or five years, andStill is ; no clerk or teller by name of Sparks ; this certificate is not the certificate of the bank, or any one authorized to certify by the bank ; we have an oval stamp certified payable at Ocean Bank for checks to be used in New York, and name written under note of Hatch or Post ; checks used in Jersey City we merely write u Good, Post," or " Good, Hatch ;" no other bank of Jersey City ; noSuch per- son asSparks in our bank.

The testimony having been closed, and no evidence having been offered by defendant, the case wasSummed up The recorder charged the jurySubstantially to the effect, that if they wereSatisfied from the evidence that the certificate on the check was a forgery, and that the defendant uttered said check with the forged certificate thereon, knowing the same to be forged, and with the intent to defraud, it would be the duty of the jury to convict.