The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-24
United states Circuit Court.
Present the Circuit and District Judges

Present the Circuit and District Judges.
Arm 2a7He People Jesse Hoyt-Aher the Judges
mad taken their seats the OF the jurors were Ca
over and Judge THOMPSON desired the defendants coun
sci to proceed.
JAcOs LlrrLE, examined by Mr.. srLpKS, testified that
ne was for the lasen years, an extensive dealer eA
changes, and in money business.
by Mr. sELDEN-suppose you were in the receipt OF
large sums Of money for which you can discharge your
self from all responsibility by depositng in bank such
20 the credit Of your principal and snppong you
tain in your own hands, under yeur control with
out the right OF using it, and to pay upon drafts payable
to the order of residing all parts Of the United
without reference to any fixed compensation you to
receive from your principnl7
Judge THoMrsor-You state what is the common usage
and not simply what is your own charger
Ayes, sir.
BENJAMIr F. BUTLER sworn and examined tor the de.
fence-Q-Mr Butler, during the time held the office
you employed by him to defend suit brought
against him7
AYES, sir.
Al believe that suit formally settled, al
though some compromise of it took place.
Q-When was that done1
A little more than year ago; the suit brought
against Mr. Hoyt and Of the banks was not con-
cerned for the bank.
QYou received instructions to commence several suits
against the firm Of Lord Co.. at the suit oil the united
States7
Ayes, sir.
OIL wish you would give explanation about
those suts7
Ain the month of January 1910, at which time was
son j. Elliott Co. principals and Reuben Lord as
surety Immediately, or very soon after receiving the
bonds, applied to the Custom House to ascertain the
names of the persons who composed the firm having
means Of ascertainng myself. made this inquiry per-
sonally was then informed, by some onicer Of the
sed of N. Elliott and !" Lord. That information was
given to me officially supposed. at the time received
IT, and until alter the return OF the wrs that the nor
nation correct. did not bring the suits for two
months AFTER although had Instructions to bring them
was, that Lord had large claims the government
Three commissioners appointed by government to
investigate those claims was of the commissioners
by the counsel for the corporation, and considerable M
CATION took place to whether those claims should be
Lord argued by Daniel Lord, Jr., Esq, and the
claim Of the corporation argued by their counsel
In consequence Of those claims DELAYED the suits.
thought they would be ultimately paid to Mr. Lord and
to the corporation. I suspended the suits for two
months and made full report to the Secretary OF the
Treasury in explanation.
Here Judge THOMPSON inerposed and sri the evidence
not pertinent to the question before the court and
called for Mr.. Buffers COSTS which were handed up by
Mr. BUTLER requested to be allowed to read some
tract: from hi: letter book in explanation Of the part
the permitted him to do but they not relev
to the subject matter Of this suit we do not give them
JoHs L; TrrAsy sworn and examined on the part Of
the defendant book containing daily account OF the
deposit lists handed up to witness.
Q-Have you footed up that book1
Al do not recognise this book.
Q-Were you assistant oil Mr.. Waltefs.f
Ayes sir.
Estate what the course with regard to the
amounts reimbursed to merchants by Mr. Hoyt Were
they charged to the United states7
A-They were not
Q-When the amount was received from the Treasury
what was done with it?
Ave deposited it with the cashier and it swelled the
called for by the merchants paid them but we
kept entry of having done and when the returns
were made we charged them in the deposit list
Judge THoMPsoN.-What was the effect of that1
A-Beyond our Office don't know what the effect Is.
Cross.examined by the DISTRICT ArroRNEY.-Q-Was
not separate account kept for those deposits'
Q-was the excess credited to the cash account or
quarterly account
Al cannot tell.
by the CouRr-s there any account kept OF the de.
posits?
Ayes, sir, there is deposit book.
HAMILTON BRucv and examined for the defence
clerk in the Custom House, has been there since May
1885, quidatng clerk sits at the desk formerly &C.
pied by Mr. Tremain; Tremain had been in the Custom
House for many years. found entries in Mr.. Ire.
mains desk, from which ascertained that the Collector
had been charged with money than he had received
credit for, amounting to about $500.
Cross.examined by the DusrRcr ArToRSEY.-I did not
compare those entries with the mpost book but COM
pared them with the cash list.
Mr. Brown recalled-I examined the account of short
deposits now produced commencing In 1899 and ending
with Mr. Hoyt Instrumentation office. found the amount
to be SASS SO, charged to Mr.. Hoyt
Cross-examined by the DISTRICT ArToRrEy-Ths sum
~
if called upon don't know that they have been called
upon by Mr. oyt; the duty Of the Cashier to apply to
them.
BY The CouRr-state where the List now produced on
the sane suhject cane FRONT
A-One part is in the handwriting Of Christy and the
other in the handwriting OF Jackson; they Custom
House Clerks; have to believe that Mr. Hoyt
has collected any part OF this money there were some
notices sent to the persons owing the money, but don't
know that they all sent.
To question nv Mr.. HorrMAr-n was the ordinary
business Of the office to send those circulars or notices
Id w., kokzl thai tnaAo
hook marked B. and found eighteen errors in that book
against Mr. Hoy wsntto knowwhat those errors were
AThe eighteen errors in the interest account OF
the three first days of Mr. Hoyts time amounting to $4s
GEoReE T. TALLM.r sworn and examined for the de.
fence-Was Commissioner Of the Custom House; sue
ceeded Mr. Brown; was employed rather distributing
Agent; my commission on disbursements was one per
cent
Cross.examined by the DISTRICT ArroRNEY-The Com.
missioner before Mr.. Brown; do not know what
per centsge he received there dispute between him
and the Government about. believe there three
Commissioners in Mr.. Browns time; when II came into
office the whole Of the papers and accounts were in Mr.
Browns hauds; he handedthem to me- don't know
whether the Collector of the Commissioners
not; my commission my disbursements amounted to
s4aO.
ssIxAs NATHAN sworn and examined for the defence
been for the last 90 dealer in exchanges and
IN paying and receiving money; have never charged less
than half per cent.
Cross examined by the DISTRICT ArroRNEY-Q.-h a
Broker was appointed Agent to Banking House at
900 year and he directed hold the funds,
would he charge the half per cent?
Mr.. HOFFMAN read letters of Mr.. Hoyt in answer to
those Of Mr. Woodbury. read Friday in relation to the
balances appearing foot Of the quarterly accounts
naming in Mr.. Hoyts hands.
After Mr. Hoffman had got through with the readiag of
the the Counsel for the Defendant rested
their case.
The Court then called upon MIR. Hoffman to know il
he had any other evidence Mr. Hoffman said they rested
also.
The CotRr directed the District Attorney to furnish
list of the points upon which he relied and directed the
Defendants Counsel 10 have list of Defendants claims
made out by Monday morning for thejury.
After which the Court djourned to Monday Qhis day.
at 10 O'Clock.
Court OF Common Pleas.
Before Judge Ingraham.
APRIL 21.-Wm. Chance VS.. s Dryfous The other Side
the Case-A report of the trial OF this appeared in
this Of Saturday which presented the ststement