Richard H. Lee, the dockmaster assigned in charge of the docks and wharves in the Seventh District, between 8th Street and 24th Street on the East River, is indicted on two charges, first, of appropriating to his own use money received by him as a public officer; and second, of grand larceny committed by the defendants as agent, bailor, or trustee. Nathaniel Neely, a lumber dealer, testifies that he paid the Docks Department $37 in February 1909 for wharfage for the schooner Nellie V. Craig. Neely says that his record books indicate that payment was made; but, on cross-examination, he is not able to swear that he made the payment to the defendant. The prosecution calls witnesses to identify the signature of the defendant; but none of the witnesses can positively identify the signature beyond doubt. The assistant district attorney, Oswald Jacoby, therefore concedes that the state is unable to prove that certain documents are in the handwriting of the defendant and asks the judge to direct a verdict of acquittal. The jury returns a verdict of not guilty.