Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-01-22
(Correspondence of he Herald ]
sclluyikill Bank.

Mr.. BENNErr:-
Dear Sir: During the session Of the criminal Court
this morning, the counsel for the several persons
dcted for fraud and conspiracy IN the election of
Directors for the SchuylkIl Bank, at the recent
election, filed their motions TO Quash in fOpe r
manner, and the Court stated that thew should iiy
az early day for hearing the argument to sustain the
motions. Ii Is hardly necessary for me To send a
copy OF these papers, their conteuts will be found
principally IN the protest presented by g. NJ Dallas,
ESQ on behalf Of John Miles, which YOU have pub
hshed. Attorney General Brooke stated to the
Court that when these cases were called up he
should continue TO devote the whole time Of the
Court TO them until finished The wit OF quo war
rsntO grasted, on the 9Th alt, calling upon the
Gently elected Directors to show cause why they
held their seats, was made retsrnabe on the 2Ist
ut., which day rule was granted on all the de-
fendants-eycept Henry J. Levis-to plead to tise
suggestion fled eigh days notice. On the 18th,
by argument filed, rule was granted To inspect pa
pers aud rule TO plead enlarged. and motion Of q
M. harton, Esq one of the counsel for complain
ante, lu igment OF custer was anted against Ho-
yea u. Lewis, for want of an appearance. This
movement, although legally correct, was otherwise
unnecessary, as is not presumed that Lewis III
show his face IN these parts TO demand his seat at
the Board, as Director or President. The gentle
men against whom this quo warrant0 was issued
have since the detection Of the frauds in the lai
election, disowned all legal claims to their seats and
have furthermore directed their counsel to make
plea against tae same.
The court Of Common Pleas, sitting in equity, be-
fore whom the Injunction against the above bank
granted the appilc OF the Bank OF kentucky,
ordered the 9Th inst. that the Directors Of the
Schuylkill Bank should posite it'll the Pre- nj
OF Bank Of the United States, all the books books OF
tran fer. documents. vouchers and papers
with exhibiting transfers Of the stock 81 the bank
of Kentucky said to be left at the Schuy kill Bank
by IA. j. Lewis, their former cashier; and that on
making the said deposite they receive IN duplicate
specific receipt from the proper officers Of the Bank
OF the United States one copy Of which Is TO be de-
livered TO the comp!anaB and that eNtry in,
alter alton Of said books &c. be made by eny person
whatever, subject 10 the future order Of the
There several very i'm pertant questions in
ed ia the affairs between the above banks the
sion Of ehich will agtate sJme unsettled as well as
many settled points oflaw. Among others at issue,
the three most prominent are as follows:-
lst. l. the Bank OF kentucky committed by the
frauds Of n. J. Levisl
"a Is the sehuylkill Bank liable to the Bank Of
Kentucky
81 /. the schuylkil Bank liable to the holders Ct
the false ceTiifcaesl
The above il plain statement Of the proceeding,
in this matter up TO the present time, AID alihoug
part OF the facts have been before related, yet the
whole IL necessary ina order to give iul view of the
situation OF tue case
On Monday, tse 10th inst, a me citing OF the Board
OF Directors OF the schuy Bank will be held
the Banking House, Tor the purpose of considering
the Of the Bank and the oxpedeney Of appoint
ing trustees for the purpose of winding mp the
Germs of the Pank, the result Of which will give
you prompt notice Of
be quashcd before the criminal court. The present
iud ges stand in fear Of removal IN OF the
organization Of the court "a bill Tor whieh has been
in, reduced into the Legislature Of the Staie) and
there cannot be doubt that every Innence viii bs
broug hit TO bear upon them by the couns
a. we'll as the parties. who are nearly all IN favor
Of II at arrisburgh, being OF the denoe cratic party
The Judges on the Bench-Janes Todd, John
Bowler, and Robert Il. Conrad-weEr all appointed
by Governor Ritner. and ere either wings anti
masons: therefore, in case the court Is rcorgani eed
OF which have doubt, they stand no chance oi re.
appointment except through some intrigue or poiti
cal manas ement tn. Part OF those who belong 10
the party who elected GoveInar Porter Conrad
has been playing tooSy to George W. Barton, Esq
one &C the Deputy Attorney Generals Of his city, Tor
the past year in order to get re-sppontment; and
| am informed that Barton, who is now at Harris.
bureh IL laborng asiduously TO induce the Governor
to place him on the bench again. Codrad was
formerly member Of the democratic party, but LET
IL in the DAYS Of he panic, and went into the editor
chair in PAPER in this city, which was aftsrwsrd
csnu, cted W ith the Ph,ladtl phia Gazette He ba,
talents. bat shopid Governor Porter place him th'
bench Of the criminal court he nor George w. Bar
ton could visit our city without receiving the moe
violent ms edictions Of the democratic party. III
has been laboring for Some weeks past under wha
might call a the brain or sioge fsrsr. Having N
tracted. as understand, to furnish trstedy Tor ont
Of our theatres ct certain time, lie 10 under appre
hsnsion that he will not he able To finish ~, sns
therefore every non and then his absence 10 yer,
necessary, as he supposes, While the business oi tn
| community suffers thereby.
! 4 understand thai Joseph r. Chandler, the edito
of the United States Gazette, who was on the Gram
Jury that indicted the directors has been trouble
| with the (" Loan Company fers,," since MIR Ben
sets notice Of his Peculiar traasseiion with this
swindling company, by which he shifted his stoc
in such a peculiar manner, that Moore, the Cssh,e
Of this institution, was heard to sey that the yas.s
| schooIrns ster was a great hnsneier-that he corl
beat him in tact and that Adren, the megicia. eoul
not compare 20 him in q presto change movemen
Peter Fritz don't mine such honorable IN eotior-
he's been so bufTeited that the quotation ium Hod
bras would well apply To him.