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

General Sessions.

General Sessions.
Present Judge Ingrahan, Judge Ingliss, Judge
Lynch, and two Aldermen.
Trial of Robert JVhtte, Esq Err Cashier of the
Maahattan Bank, for petty larceny.
SECOND DAY.
Dac l9-The Court having been opened with
the usual formalities, Colin G Newcomb was re-
called by Mr. O'Canner and examned:-l remem'
Der being present at a trial before Mr. Cambrellng
and Others referees il case in which the Messrs
Brown were concerned The officers OF the baaR
were summoned was not examined as witness,
but believe Mr.. White was; to the best oil my
kno wledge, was NOT asked questions either with
or without oath Mr.. j. n. Taylor did not ask me
questions about stock loans that can recolect; |
aid not make any statement as i member; do
not know who ell for the bank that trial
nor if the bank mad counsel was summoned as a
witness, but do not know by which party; cam
not rccolleet il Mr. White was examined in rela-
tion 10 stock hypothetical with the bank or not.
Before Burns went TO Europe, made an affidavit
eli the fact which was drawn by MIR Prime Of Alba
ny, aud sworn before Mr. Strong Commissioner.
IL that affidavit, swore-
Here the District Attorney n.ersered, and said
that II had been well settlsd both here and in Eng
land, that witness could not be asked about his
witness.
Mr.. O'Conner commended, that as the witness had
adverted To the affidavit h nsef while on the stand,
that he had right te cross-examine him, IN rela'
ton TO what the witness had stated in his own de-
fence.
The District Attorney said that it made differ
The Court ruled that the witness could not be
asked the question without having the affidavit put
before him
Examination resumed. I've never stated that it
was William johnson or Farrell O'Rourke. who
packed up the book II was not a part Of my duty
as First Teller to keep book Of the description
CURED about, a. registry of loans. IL was duty
imposed on me by Mr. White liked to have that
that labor imposed on me, inasmuch as thought
should be compensated for it. One object in keep
ing the book was TO show the amount of stock held
by the bank ~ any one time There satisfaction
in il, and il was for the purpose Of collecting the
dividends. contrived that plan
Q-Was any otLer person permitted to inspect
that back!
Al was never called upon by any one for leave
to inspect the book. don't know wha. should
have done. ifthey had called ON me for it.
Q-Did you, as far as you could, pref ent others
from inspecting that tockf
A-As far as il was 10 nv power did do so.
Viness-I cannot state any further m tive which
occurs TO me now, of the use of +" the second state
ment on the book, except facility in the collection
OF the dividends the stocks hypothccated.
The letter wrote TO Mr. White was never ans.
wered. have never stated that | have seen the
book since it was carried away; cannot say if it
was since the fret Of January; know it was before
the hrst examining committee sat the affairs Of
the bank.
Mr. o. ConnOr-That is all, Mr.. Newcomb.
District -4torney-One moment sir, were there
aHy other books in that bank in which stock loans
were en;ercdl
Witness--Yes. Two or three books kept pre-
viousiy, Of pretty much the same character. 1ney
did not contaia many paricuar about the loans.
The book preceding the one lost, came up 10 about
January, 1886. The dates Of the loans ia
ticuiarsed in them il l remember n right; the old
book was kept in the same form the new, and
tinued up to the time The new one went into use
when the new book was opened, the loans which
were then outstanding were Transferred to the new
book that book threw on the shelf; in the vault
was the old book. The account made out for the
examining committee was made fromthe cans them
selves; that account showed nothing more than the
true state and condition Of the loans il contained
true statement OF the condition Of the loans exh
bitsd by the book, aud the result the same if
the cook was produced At that time the loans were
all entered on the book, bat do not remember if
had it. 1t somelines happened that the securities
were changed during me continua Of a loan and
the book would have shown that, but the paper laid
before the Committee would not.
District 4ftoyney-That's all, sir.
oConner-fou say, You often put this book in
the money vault; what was your reason for the
prefereueet
Jvitness-why, I had the key Of the money
vault.
Couns,i-Your cash book, Sir, wha, did yos do
with that!
HTtn,ss--It most generally laid on my desk all
night. Ooce in every six moRths a similar state
nj ofthe loans was made up " hic show ed every
thing, except the date. gave the accounts to Mr..
Waite, but do not know # be laid them before he
board or not. The statements were true, and made
up by the direction of Mr.. White. ! do not recol
leet # the firm Of Prime, Ward s. King was Dor.
rover when made up one of those statements
Some Of the promissory notes taken for loans did
not contain the words, secured by such and such
shares of stock.
A slight alteration here enssed between the
Counsel, in which Mr.. O'Couner said that (" il he
had the book in court for only the 9th part Of
cond, he would soon put an end to the case" To
this tae District Attorney replied, that il the book
was in court they would abandon the prosecution
Then rejoined Mr.. O'Conner, "this is a civil
suit for the recovery Of a book
o. onntr-Put your question, Sir, and let us hear
q w hal lQni
ID. A.-This is my question, Sir: Suppose vari-
GUS loans made to A,on different stocks and the divi-
bends come round while the stock Is hypothscatsdj
to whom would the dividends be paid
OConnsr-No objection to that, Sir
UHness-By the Bank, IL the stock stood in the
name o the Bins. Ifhelj, however, b. others, they
would collect The dividends, il by the Bank, self
or Mr.. w bite would collect them. The ser -annu-
al statements would not show the dividends; the
loan book would show the date Of the loan, but not
the dividend.
ID. A -Tha,l do now sir.
Jonathan Thompson, Ex-I was director in the
bank for 70 or q years; am now the President,
never saw these loan books as reeollcet, nor any
books OF the description that have been given the
subject under examination. No such book was ever
exhibited To the board Of directors. was elected
President in March last, after the resignation of
Mr.. White. Several days after that, Mr.. White
was at the banking house, between the time Of his
resignation and my election. | had no conversation
with him, Though knew nothing about the loans
until after the report Of the first committee, the
18th January. Ii was about that time ! first
learned there was such book. have both search
ed and caused others 20 search Err it, II first
came out a demand for some dividends BY Messrs.
Joseph, one OF Sl3,000. and another for less. IL
this that first caused enquiries for loan book
IL appeared that the stocks which had been he ID as
securities the dividends had been received by MIR.
White, and placed to the credit OF his private &C.
count copy Of this account was sent to Mr..
White, and his answer was, that he would lock il
up"
Here Mr.. O'Conncr said significantly, 'fhat he
should not object 60 Mr.. Thompson going into what
Others had said well TO what he kne,r himself
They had no objection on the part Of Dir. White to
this coarse"
The Court said that il rot proper, and that the
testimony il objected TO, would be ruled out.
The Dictrict Attorney said he could have no oh