The Assistant District Attorney felt that the very strength
of his case created, as it were, a sort of "legal weakness," for the
more evidence he should put in against Browne, the clearer it would
become that Hubert was merely Browne himself, and this would necessitate
additional proof that Browne had taken the property in the name of
Hubert for purposes of fraud, which could only be established by going
into the whole history of the property. Of course, if Browne were so
foolish as to put in the defence that Hubert really existed, the case
would be plain sailing. If, however, Browne was as astute as the
District Attorney believed him to be, he might boldly admit that there
was no Hubert except himself, and that in taking title to the property
and disposing thereof under that name, he was committing no violation of
law for which he could be prosecuted.
The case was moved for trial on the twelfth of March, 1906, before Judge
Warren W. Foster, in Part Three of the Court of General Sessions in New
York. The defendant was arraigned at the bar without counsel, owing to
the absence of his lawyer through sickness, and Mr.
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