Browne replied that that was true, but
that the property really did belong to him in fact, being recorded in
Hubert's name merely as a matter of convenience (because Hubert was
unmarried), and that, moreover, he, Browne, had an unrecorded deed from
Hubert to himself, which he would produce, or would introduce Hubert to
Levitan and let him execute a deed direct. Levitan assented to the
latter proposition, and the fourteenth of December, 1905, was fixed as
the date for the delivery of the deeds and the payment for the property.
At two o'clock in the afternoon of that day Browne appeared at Levitan's
office (where a detective was already in attendance) and stated that he
had been unable to procure Mr. Hubert's personal presence, but had
received from him deeds, duly executed, to the property. These he
offered to Levitan. At this moment the detective stepped forward, took
possession of the papers, and invited the lawyer to accompany him to the
District Attorney's office. To this Browne offered no opposition, and
the party adjourned to the Criminal Courts Building, where Mr. John W.
Hart, an Assistant District Attorney, accused him of having obtained
money from Levitan by means of false pretences as to the ownership of
the property, and requested from him an explanation. Browne replied
without hesitation that he could not understand why this charge should
be made against him; that he had, in fact, received the deeds from Mr.
Hubert only a short time before he had delivered them to Levitan; that
Mr. Hubert was in New York; that he was the owner of the property, and
that no fraud of any sort had been attempted or intended.
Mr. Hart now examined the supposed deeds and found that the signatures
to them, as well as the signatures to a certain affidavit of title,
which set forth that William R. Hubert was a person of substance, had
all been executed before a notary, Ella F. Braman, on that very day. He
therefore sent at once for Mrs. Braman who, upon her arrival,
immediately and without hesitation, positively identified the defendant,
H. Huffman Browne, as the person who had executed the papers before her
an hour or so before. The case on its face seemed clear enough. Browne
had apparently deliberately forged William R. Hubert's name, and it did
not even seem necessary that Mr. Hubert should be summoned as a witness,
since the property was recorded in his name, and Browne himself had
stated that Hubert was then actually in New
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