Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-22

against IL ala not Know that the note we gave
was counted as cash, bat did know il was kept in
the first tellers draw When inclined to take it up,
we drew a check for the amount with interest. We
always held ourselves liable to pay the note at any
time.
Mr.. O'Conner here called another witness as TO
character, but Judge Ingraham said that snlcss some
thing was shown by the other side, il would be un-
necessary to go farther into Mr. Whites character
CoinG Newcomb was again called, but without
responding
MIR. O'Conner then read corresp ondence between
Mr.. Lord and Mr.. White, demanding ''the book
for tho bank by Mr. Lord and refusing to make fur
Their reply thereto by Mr.. White then such respect
as Mr. White entertained for Mr.. Lord personally,
Mr.. OCorne read some portion of an affidavit
made by NewcOmbe.
O'Brien recalled by 'Conner--was present
about the time OF moving into the new banking
house, when Mr. White barnt some papers and do
cuments. Has not perfect recollection Of such
another destruction few days before Mr.. White
left the bank. Remembers seeing hi. clearing his
desk and saying that the papers thrown out we're 10
be burnt. This was during banking hours.
Cross-sraminsd-A number OF books were burnt,
such as resisters of notes and old discount books
never saw q lean book.
Colin q. Nssceomb recaAed.-I have stated that
it was Burns, before the Grand Jury that took away
the thu, book Did not say it was johnson or Farrell
O'ROurke.
O'Conner.-That's all, sir.
Another affidavit was received from Mr.. Luke,
who had been employed by Mr. White, 10 carry
back doeans nts which had mad vertently been
left in his possession.
James Kelly rsealled-Befsre the Grand Jury,
Colin Ncwconb said, il was either Barns or Farrell
O'Rourke that carried of the book, do not know
which Cannot tell what became Of the minutes;
think they were mislaid.
O'COnner.-We rest here, sir.
Ipm permiiyea recalled by the Disfyist Attorney.
The books or de- cuments brought back BY Luke,
had relation to the loans. bundle Of papers
produced by the witness, as the parcel alluded to.
Crosseraminsd-Had no correspondence with
Neweomb while he was away; Newcomb has called
at nv house. and "A ~ a of
an appointment made by his brother. i was wit
before the Grand Jury, to testify against Colin
u. Newcomb. l cannot tell who conceived the pro-
ject Of getting up witnesses against Newcomb, in
order to testify against Robert White. know Of
no such project / believe the District Attorney
first discovered the flaw in the indictment against
Newcomb There is no understanding between the
bank and Newcomb to save him, If he would testify
against White.
Jonathan Thompson rscalied-I examined the
books and papers brought back by Luke. One book
the first volume Of the minutes, commencing
1893. The others related to the branch at Utica,
some correspondence with the Marquis of Csnar-
than, and other odd papers.
- Tiebout, recalled by O'Conne-Mr. White
in the habit Of keeping nenorandums Of the
credit, solvency and standing Of the dealers Of the
bank. He kept those books for his swn guidance,
and we did not consider them like the other books
Of the bank.
By the Judge know of no loan book in the bank
now as a loan book
District Acknowledging q book TO witness)-
Look at that, sir"
JVTtnsss-well, may have seen this in the dirsc-
tors ROOM but do not know it.
VermiIysa recalled -JyOr-ls there a loan book
kept in the bank now'
| tVitness-Yes, this is it-(takng up the same
| book that was shown to the last witaess)
| Juror-Have you any private bookl
JFitness-l never kept such a thing.
| Robert IA Morris sramintd-l an the Recorder
Of the city, and aware of the charge Of embe zzle-
ment pending against Newcomb do not know
| that any direct understanding took place between
| Newcomb and the bank for the mitigation Of his
| punishment. But many letters have passed from
| various persons who said IL might be beneficial to
let him of on his making himself useful TO the bank
There was an application made TO the Governor; IL
was not made by myself, although wrote a letter
| giving the Governor my views. l Cannot say if it
was before or after application to the Governor.
| have heard the cashier say that he was going TO
Albany 10 see the Governor, and also that he had
been there for that purpose. l do not know where
| the letters were which Newcomb addressed the
| bank when last saw them.
| Cross sramined-Saw tive letters, but cannot say
| ifthey were both addressed to the President. We
did hold consultations on the subject OF Newcomb,
but canaot say fit before the indictment, but
Think it was after, because il suggested that
this Court might direct Hoiis pros, which said
could not be done. cannot say il tn application
| to the Governor was before he returned TO the
| city or not. said that, az member OF this Csurt,
IIcoud not permit noiis pros to be entered There
| was pardon asked for, but there some chan
| mel through which communications passed between
| Newcomb aud the Bank, asd my Impression was
| that there was some arrangement about bail lie
| did come back and was bailed thought that the
impression at the Bank was, that he fully understood
| the books, and that they wanted him for key to
the books There was some talk Of his proving use
| full to make ont claims On the part Of the Bank
| against Mr.. White. I first went to the Bank in my
capacity ofDrector ex-oaicio, and, in Consequence
Of reports appearing in the public papers, and think
we first heard of the loan book from the letters Of
| Newcomb.
Tsrmiiy,a eraninsd by the District Aitorney--
Went to Albany before Newccmb's retsrn; bat not
on his accoust only. The Directors knew Of IL. IL
was only between me and the Recorder. He gave
| me a letter TO the governor. do not know what
wanted exactly, but It might be to use Newcomb as
| a witness.
| A letter was here produced from Newcomb to Mr..
| White, and identified as Newcomb's handwriting.
Before Mr.. O'Conner could read the letter, the
Recorder returned TO the stand and said he net
the originator Of the application to the governor al
though he did write the letter which the last Wit
| ness carried.
Mr. O'Conner here read the letter, which had
| been identified as Newcomb's, which ran as fol.
lows:-
Robert WHITE, Eco.
You told me to come into the directors room, and
| explain to the committee how IT was that my cash
was short $1,000 instead Of 1000. Then knew my
dreadful secret was Uncovered and had not forth
tude enough TO bear against it, but ! then left the
bank and you, who have ever treated me with kind
ness, and been like father TO me, ungrateful mas
| that I am. when took the First Tclcr's desk
from Richaud, there was deficiency in the cash Of
10 or 1900, which he had lost in speculation; he
told me Of Il at the Tune ard said that eones'ed
IL he would make u sp in a few days, did so and hat
| was my fret sep. He went into business, and be-
gan to make soss money. and specialized on bis own
account, uaknowipgly TO his partners and he made
some money that way then he to me to take part
with him; | said had no money; he told me u did
net matter; | said I weuld. We went on niue
while and made or 5000 When the hard times
began to cone co. he said IL did not let bis over
draw his account with the bank that he wsuld have
tofsil asd that all our stock transactions would DE
! discovered. lie com neneed overdrawing, and that