New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1843-09-14
COURT OF SESSIONS.
Trial of shipmnn, the Money Carrier De-
tween Philade phia and New York

inc er.zzl-d the nonies of the Union Baak Of this city en-
,ruse TO his care deliver PLadelphia, TO the amount
Of SIS OO7 10 gold CON- the Iii April last Mr.. nj.
tnr the District Attorney opened the case on the a' Oh
the prosecution and stated tat NJ Shpman had been from
nine 20 lime EMPLOYED in This city by the banks 10 carry
-A "a the Mint Ia Philsdelpa there he Eecoined IL!
h.c NJ was 70 IS for thousand dollars
That he rnouey atru,ted him pril he had ezbez1lsd;
and ;s; should be able 70 qIove iii the design was
| formed br prisone. IN this clty.
Edrard H. 4rcler First Teller OF the Union
Bank soraI know ShPnaa; he vas employed once oa!
prior 10 this the U1ion Bank 10 bang mo
new from Philadelphia The bank and thai was the SatnE-
dy previous which money h. delivered OAthe day charged
in the Indictment Ihe accused entrusted By the Union
Bank with Sl4 19o in French gold aud 500 q IN EHe!ish
Ard American gold deliver the mint a. the !.e OF %
cents for $1,000 Mex saw Nh shipnan in Phadephi
IN prison after his asked him what ne had done with
the gOd he said NJ had GOT behind he used It ne had
900 OF OF the Banks Philadelphia for bills 5000
ne had handed Johnson Reed and $4,000 TO othsT per-
sons that ne could from the Bank by paving them
for he said he had been The habit for the last two years
o having MS debts with moneys entrusted him At the
,ayor, office asked ii dt recollsci selling nm
$4,000 American gold tea days ago which ne paid 10
The Leather Manufacturing Bank; ;od MIN did not rscol-
iec ne said the Bank Officers asked nm now tie came TO
buv on; old gold the Mat; he SAID he told them that IN
hurry Of business they often pad cut old gold from the
Mint.
Bank himself money the itn OF prl!, as had
told him should probably want him 10 take some gold on
Tor Us. Shipnan the Moyamensng prison after the
ls May; ne spoke 10 me through the ranss oil me prison.
and said he had happened and then went
in He said he had been arrested IN Indiana and brought
back 10 Philadelphia and showed receipt for drafts and
monies anouEtiR. 000 from the Post Master IN Gd
H. brought into Philadelphia IN company with
any body said his intention place the gold he
had got exchanged the Bank BY funds that might fall into
his hands but witness could charge his memory with II
particularly. ShIplr in private room ~ The May
os office Mr.. Hou-hton broken aud some officers We're
present He about undergo examination; had
ai-l,N, mar hur
could NOT recolect what precisely did not expect
20 be examined ; witness trial; but twas in relation
10 the Of his replacing the money which was TO be
done BY the process ne had adopted before applying
! funis entrusted 70 him.
Direct stated tina, he intended replace the
money by funds entrusted 10 him 10 bring on from Phafel.
phia 10 This CITY. The prosecution here rested.
Mr. j. T. BRADY, associate counsel for accused,
called on The District Attorney in what and
BY what fact intended make this offence cognzable
within the jurisdiction Of this court, any offence We're
! committed at all ii committed in anothe: State, where
misrepresentation Of money is stated 10 have taken
place that the proof Of intent here could place matter
Of entertainment committed IN anothe STATE within the "a
risdction Of this Nh Graham followed on the same
and read the G! this State support Of his posi-
ton that the cognizabie heareble here
The Court opinion that the question strictly
one of fact for the Jury decide Mn Graham said he would
show the Cour thatit question Of fact for
the jury, and should ask The Court SO 10 charge.
Mr. DAY. also Of counsel for accused took exception TO
the ndctment-that the applied only several
classes persons clerks sedant and others
specifically mentioned and that the charges in the III
dicment against the accused clerk servant, not
Of the Bank H- cited from Gritty and from
Darlington and Paine in support of his position.
The District Attorney aud interrupted Mr. DAILY and
stated that former this question fully discussed
the Of Ahen and that the Court then decided that il
purely question of fact for the jury and on this Ques-
ZION Ahern being Of Mr. Willis the jury dis
! agreed
Mr. Graham said this question different entirely from
that decided in Aherns casethat the counsel should
their defence different points Of law altogether from those
decided in Ahern caseha the Court will that the OBJ
-ctons he should present 10 this indictment Of such
character that the Court Should entertain for
The Court decided hear the arsuppn, of The counsel
the subject shen Mr.. Daily commenced very able arCi.
ment the terms clerk and errcnt contendng that the
accused neither the other but simply agent
which is used in the ndctmentthat the indictment
could be mananedthat the delivery Of the money by
the Bank Shpan took it Of the provision Of the
uteand read from Russell Crimes 22 support of his
argument. He followed BY Mr. Graham in able ar
gunent the side The District Attorney declined
argue reply, considering that the question had been fully
argued and decided the of Ahern-he read from Bar
bes Criminal Practice show that man employed only
for short time occasionally do in law clerk
servant; also from Russell and RYAN TO prove the
principle.
The Court said that the question Of raised is whether
the accused is clerk servant as laid in the indictment
or both in other words whether the testimony
the indictment, The Court has disposition TO take the
question Of fast from the jury ard doubts whether has
right evidence and take the from the Jury
that the must therefore proceed as In other Cases
The Court in charging the Jury, will instruct them all
the points raised by the defence Nh Brady excepted TO the
decision Of the Court.
Nh whiting then offered TO prove BY Mr.. Arthur that he
mad inquired Mint and that the money had been
paid there objected and ruled the statement was
not made unde OATH but allegation Of the party max
ing IL.
The testimony here closed on behalf Of the
prosecution, and Mr.. Brady opened the case on
the part Of the accused.
Jobo Y Cefe u reside in
the city keep exchange Office have been in the habit
&C entrus;inc Mr.. Shpman with large Of money 10
carry 10 Neutrality-suspicious. years. the ls April sent
by him $1,000 carry Baltimore and package also for
Philadelphia The character Of shpman during all the time
very good.
crosseIqminsd-We know the money was delivered by
him aud credited
Sylvester J. Sylvester sworn-Has known
shpman or years; have been the hab, of enustng
him with large sums Of money 10 take TO Philadelphia
on one occasion him 90 0O0 money almost
DAY by him; always arrived saely his character per
iec,y COED.
Samuel j. Beejee, sworn-Am dealer in buI.
Ion the Exchange known shipmau years have been
in the habit Of entnsng him with large of money;
times high OOoo 60ooo dollars the iih Al rl
by him 3o0O faithfully delivered his business
that OF messenger and he did business also on his own
account buying and selling specie; have cashed draft,
him; in tpril; MS character perfectly good
William ~ Bmgoyne, sworn-I am agent for
John Jacob Aston aud been for years Have been
the habit Of sending money by Shipman; 1890 on
ih= 4th pr faithfully delivered. His character
was good.
Defence rested. Testimony closed on both
sides The case will be summed up this Thurs
day. morning. Court adjourned to II O'Clock
this morning.
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