The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-14
General Sessions.
GencraI SesSIOn0.
Before Recorder Tamadge and Aldermen Martin and
Cunning.
ID L. a.


JAMES r. WHITING, Esq, District Attorney.
WEDNESDAY,, Sept. 10 Trial of Jacob shipmsn for
Embexriensnt trial of this man, who formerly
engaged money carrier between this city and Phia
dephia for snhezzlement in using s6 ooo entrusted to-
him ~ the Union Bank ofthis city, convey to the
United States Mint at Philadelphia, commenced this
morning David Graham, James T. Brady and Charles p
DAILY, Esqrs appeared IA counsel for accused num-
ber oiuros challenged and set aside the ground
OF their hav ing formed opinion relative 10 the at
empannelied, consisting of the following gentlemen -
Waltor w. Townsend, Joseph Martin, Moses Baldwin,
Richard ih s E Petersen M William H. Bolmer James A.
ing David Sampson, Warren s. Doty, and Percva Sea-
maa.
| EDWARD II. ARTHUR, called and sworn-I am paving
teller OF the Union Bank-have known Shipman for four
or five yearshe employ cd only before this
bring gold from Philadelphia to the Union Bank deliy
cred to him. the 4th of April gold to the of
sI50o7 alto to the city Of Philadelphia which he
in French coin sll7oe CO. and the balance in
Eng sh and old American gold. This ia the receipt he
gave
The DrsrRfor AT read the receipt folIows-
"Received New York, April 4th ls43 of the Union
Bank, three bags French gold said to contain fifteen
thousand dollars to be delivered at the Mint Phad for
recoinage.
WITNESS continued-I next saw shpmsn in Philsdel-
phia at Moy prson-he said 1t bad business
he very sorry, but he could not help it ;hen-I
ask ed him what he had done with the goldhe said he
had got behind and bad used IT, with the expscaion Of
oai to-he sah he had exchanged $1,000 of at the
Phlad pha Bank aad taken their notes. 5000 Of which
he had given TO John Lee tor the amount he owed
them and $4,000 to Drssei, and $4,000 and upwards to
somcboyee. asked HIM how he expected to replace the
god3 He said ne had done previously before and could
get gold back from the bank by returning them their
notes.-the said he had been in the habit for the past
raj years, OF making payments in this wsy-that when
he short he would money in this way and re.
| place it when he got it.
| Cross.examined by GRAHAM-I opened the bags that
day between two and half past two-he called IN in the
| morning to give a memoranda, and then told him
that we shoSd want to send on gold afternoon.
| I nota forh m - whether
| any else sent-he was usually found at Beebee
Payshaps brokers in Wall strest-this the 9TH of
April hipman first spoke to when saw him in tho
ce-he said he was very sorry for the business, but
it was too late-he told me he was arrested in
indiana and showed receipt Of the Postmaster Of In
diana where he had left the funds was for money to the
of ssOoo and drafts to about $1,000 know from
ed hun how he could get the gold we gave him for
the mint he said he con!d replace it by returning the
the BANK he said he meant to do II funds were
placed in his bands did not charge my mind particu-
sry with the words lie used at the time held this con.
previous to his examination Mr. Hsughton the broker,
was present, and believe or two of the officers:
perfectly that he told me he had used the god
as have stated
Direct resumed by the D"rnior Acknowledgment
engaged in carrying ,e5 the SUB
The prosecution here rested their evidence.
JAMES BsApv ESQ., for defence. then asked the Court
to upon the District Attorney to state on what fact ne
commended that this court had jurisdiction in this case a.
the embezzlement actually took place in Philadelphia
which is without It's jurisdiction .
The CouRr said it rather unusual thing to call
upon the Dic, Attorney AZ this stage OF case to dis
| close auy facts to he used by the prosecution.
DAVID GaAH.M, Esq, followed, taking similar view to
that offered by Mr.. BRADY
The CoUsr they thought that the quesionwas
question for the jury OPPOSE OIL and therefore,
submitted TO that whether at the time he
received the money this state he intended eppropri
TO his use whether such appropriation was
eng endercd after he he'd arrived there
CHARLrs P. DAILY, Esq defence then addressed the
Court on the Indictment which he commended mpro
perly found that charged Jacob shpman the accused
committing the act clerk servant Of the Union
| in facth aqneith he 0th
he cited several auhore show the correctness OF his
position.
to time and argued that the Court in the
Ahern had decided that this point of law must be
submitted the their decision and therefore,
the argument should be made by counsel in summing up
| the case.
question should be submitted to the jury as matter Of
TACT.
Mr. DALEY continued by citing tried in England,
where boy was selected to draw money on check for
which erand lie paid six renee and trial for embez
element decided that he not guilty Of the Of
fence employ ed for special purpose and not
clerk MS in understood in tbemesnpg OF the
law. He commended that II the officers of the bank had
the order given to Shipman after the de-
livery Of the money, and quesed him not TO denver
until the next day. he could refuse and by suit OF
| law payment for such service That when they placed
the money in his hands, it was out Of their power to
countsmand said order, ss they could If he had been
0 clerk servant of said bank He argued further BY
contrasting the portion shipmon with the duties OF
the clerks teer &c Of the bank. He cited parallel
cases. in moral point Of view where no crimnay was
considered instances OF executors and guardians In the
OF placed in their possession as also by the
officers of banks.
| Mr. GRAHAM followed, and the DsrRIcr ATTORNEY
piled at length with forcibe argument but the Court
decided before, that the fact should be submitted to
| the jury.
JAxs. T. BnApv ESQ., opened for defence, and review
ed in able and ingenious what he considered
be the technical points in the indictment in which the
accused Is classed as clerk or servant oil the oanK IN
this also the stineton between the facts
this cose and those which the statute intended should
apply to Of embezzlement He also alluded to tho
previous good character OF shpman, and stated
should call witnesses orespectaby, who still
believed that even In this transaction shpmsn INTENDED
replace the money when originally used and that they
would trust him the same as no allegation mad ever
| been made against him.
| The first witness then called was
JoHS T. SMITH who testified that he kept broker and
exchange Office and had for twenty ears had trusted
shipman take money to Philadelphia for ten years.
sent money by him April last in two packages one
containing about 5000 and another TO Phs-
teph.a for the amount both OF which were deliver.
I'd saie do not know whether vas on the 4h OF April
not have sent large sums oil money by hm; MS cna
rscter has always been good.
8 j. syLvttrEa, broker, testified that he had known
shpmsn cr years and had n az tne ume q,
the resumption Of ments blythe banks had sent 2oOo
by him; his chara, ter had always cen good
| SaMUEL J. BEspsE. dealer in bullion and exchange
testified that he had known shpmsn for 1--WE or six years
end had entrusted him with forty thousand dollars at one
timej the 4h Of April the day he went on with the
the Mint which was delivered agreed upon; his cha
rscter always considered good.
WiLLrN M BuscorrE. ngent for John o. winter,
dealer in southern funjs-Knows Mr. shipman; has sent
money by him 10 the Mint and the same day that he
took the money for the Union Bank he took about Sloo
| on Tor me- which delivered at the Mint.
The testimony on both sides closed and 1t being
o'clock, the Court adjourned TIL III o'clock tni' morning.
when David Graham, Esq will sum up for the deencs
and be By the District Attorney for prosecution?
Pr. or Gru1Y.-John sexton, indicted for a forgery
in the third degree in forging the name OF Wm r. Dunn
70 Of hand dated September 2si. 1872 Tor 500 81,
pleaded guilty to the charge and wss remanded TOR sen
| fence