Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-21

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u"eovered u about that time that such book had
1een Kept. i ascertaned il from OF the .dree-
.GTs' ! examined other books in connscticn win
| that account The only book that cnuld fad was
one made for the Commits sioners The general ledger
| SHOWS the aggregate of all the loans. (Here the
inc witness exhibited ponderous account book and
vent mao ssme arithmetic al calculations
Examination resumed-I went To Mr.. White in
consequence OF the discovery that such loan book
naa Desn kept Tins was some time in April last;
saw him at the store Of his brother. I presented
| hia with the resolution of the board II no, | am
wrong about that. called subsequently on him
| in April think called then more parti cuary in
relation TO the dividend list. Some conversation
| then took place in relation 10 the book. He said,
he knew nothing about the loan book" We had
no further conversation, nor did l apply to him
| again, though do not know but there subse-
quent order Of the board. | have made search for
this book and cannot fad nor aRy Of that kind
| cannot tell if Josephs' demand is correct There
is discrepancy which that book ould clear up, if
| properly kept We have a stock register OF loans
now, which / produce here-[book shown.1 do
not know f the last book would tell tho state of the
Josephs' account. ! cannot tell what sscNrity was
| given tor the original loan without the book
Cross-eraminea-I Think never mentioned the
book more than once to Mr. White, and that was at
the store in Stone street Mr.. Campbell White was
present, said, after mentioning the dividend list,
that was instructed to ark for loan book His cords
tcere, g know nothing about it," swear to that.
left the store thsn,and made randurn, but
ported the same verbally 20 the Board. The aRswer
OF MIR. White was shart one, as if he was not dis
poses to give me any information about it. don't
think can be mistaken about the Uords. My
speech to Mr.. White was very short one, and his
answer was also short one, but in Mr.. Whites
usual manner, and also with the usual courtesy with
which he ever treated me. left directly, because
| ! had finished my business. Never visi ed him At
the store again, but went TO his house after that
| OCOnner-Wha hat did Mr.. Thompson tell you just
| before you went on the standl
| Witness.-I don't exactly know, but il was some
thing about the statement book il had it here"
| and said "yes."
The District Attorney said he now should read
an affidavit made by Mr. White in suit in chancery
commenced against him by the Manhattan Company.
This document was read at length; it contained a
full and explicit denial under oath, by MIR. " hite,
OF his not at any time, books papers
vouchers, &c the property Of the bank. That if he
had at any time for his convenience, or from mad
vertence, took any books home they had been re-
turned to the bank; that he had some three books,
which he never deemed the property of the bank,
but had kept for his own private convenience, and
| always looked upon as his own private memsran-
d.. These three books he had destroy ed!by Burning
about the time he resigned his office.
Mr.. O'Csnner said il necessary to state, that
| the bill before the Chancellor, Mr. White was not
bound to reply, in the opinion of some; but the
Chancellor ruled the contrary, and the affidavit
| filed in CONSCIENCE.
The District Attorney here rested his case.
| Mr.. O'Conner rose, and in very able and elo.
quent speech opened the defence Of his client. We
have only room for few Of the learned gentlernans
observations. After abiding to the extraordinary
prosecution and to the peculiar character Of the
property stolen he replied to portion of the Dis
trIct Attorneys opening address, the necessity
| Of administering the laws equally to the rich aad
| poor On this part Mr.. O'Conner said he fully
| agreed with Mr.. Whiting, and wished to show
by agreat ,nonied corporation, after he had grown
gray their service. and had the handling Of mil
| lions of their money! all Of which he had fully &C
counted for, and yet Tor some reason Unexplained
they thoaght proper to have him Indicted for steal
ing paltry book. He also advertcd TO the extra.
ordinary fact that, owing TO the removal Of the Pub
lie Deposits, bank possessed Of only million and
half Of capital had been enabled to extend their bu
siness to the amount Of eight millions Of dollars.
With respect TO the book, for which Mr. White had
been indicted, he should suppose it TO have been
Kept for his exclusive use, and to be in
| his own property. Suppose Mr.. White had writ
ten poem, painted picture in that book, could
the bank have claimed the right thereof He should
| say not. At any rate, If they could, they would
have acted better il they had attempted TO establish
that right before civil tribunal, rather ;han by sub
jecting a man like Mr.. White to a criminal trial
The learned gentle also advercd the particu-
lar circumstances Of Mr. Whites resignation, and
to the fact that the beard Of directors had passed
vote approving of his conduct, with t~o dissent-
cnts, that Of Mr.. Thompson and one other member
Az er explaining to the Court and Jury some law
which bore on the case, the learned gentleman
called the following testimony.
FOR THE Defence.
John Nj. Taylor examined by Mr. O'Conasr-I
was counsel in case before Mr.. Cambyeling, as a
referee with others The examination began in the
fall OF 1888, and continaed up TO 30 remember
being present. ! subpenaed Mr.. White, Mr.. New
comb and Mr.. Hslass, directing them to bring the
books, to show certain loaa transactions with the
Il
| know there was two. euquired for the loan book
| of the bank when he said
6Here the District Attorney objected to the wit
| ness telling what MIR White said.
| ITiinsss.-Newcomb was present, and eommuni-
Gated so frequentlyt to Mr.. White, that vas obliged
to cheek hun He prompted him in great msa-
| sure. j cpquired OF Mr.. Newcomb, without oath,
asking him for an explanation about loan bosk.--
lie gave me such an explanation as prevented me
putting him on the stand. asked him il there
| icers no loan books He said there toers no such
books belonging TO the bank. For that reason I did
not call him. He explained the manner in which
| the loans were made.
White, in the presence of the Council for the Board
said on this occasion, that the bank had no loan
| books -
| The District Attorney said they lad no right to
show IL for the purpose of contradcting Neweomb.
| Considerable discussion took place between the
counsel, and then the Court admitted the testimony
Utnoss-Mr. White did state '':hat the bank had
| no loan book such a. was enquiring for He did
not state that he had private one Of MS otrn, but
Mr.. Neweomb did say, that Mr.. White had book
| Of has orn."
| Cross.eramintd-Thst suit was brought BY j. and
A. Brown, against the executor Of j. {. Brown, to
settle partnership accounts to the ownership Of
| large parcel Of Kentucky and Tennessee stock
| Payments had been charged to my client after we
had dissolved partnership as I contended. The ac-
count began in 1895 and upto 80 and 80 then
found that this stock had been originally hypohe-
| Gated by J. and A. Brown & CO., and wanted to
| show that the account had been transferred subse-
quently TO the dissolution I wanted the loan book
| from 3j up TO the time Of the enquiry.
| On Mr.. White appearing, and being sworn. ask
ed him Il be had brought the book referred in the
subpoena. He said at once che knew ef no such book
beloa gng to the bank" Newcomb had not "a id any,
thing at hat III after had pended the ex
| animation II Mr.. White that enqaired Of Newcomb
| sboutit; he then told me the which loans
| were made by the bank, how a note was taken, and
the security pinned to the nctsthe two then thrown
| into the money draw and counted as So much cash
| expressed my astonishment, swell said he, Mr.
| White. has aprivate me morandum book hut the
bank have no book Of that description" 1 did not
| enquire Of White for his private book.
| applied TO Mr. Hela,s in the first place. to get
rrix til lnr IL. H.. Il