The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-06-13
LIf General Sessions. lH
Before Recorder Talmadge and Aldermen Cozzens and
Has

James r. Whiting, District Attorney
JUrE l7-Mriai Of james S. Schermerhorn for Embex
element The trial of this person. formerly Secretary Of
the Ocean Insurance Company for embezzng the funds
# that institution, continued this morning A. L.
JORDAN, Esq, appeared as his Counsel and JAMES r.
WHITING, Esq., as District Attorney Mr. PATTERSON, re
hs opennp Of the court the called
Cornelius Siden, who was sworn. | was acting as
paying Teller of the Merchants Bank in 1912 have ex.
amne the check forming the basis Of this charge against
accused and from its appearance think that the money
must have been paid for at the counter Of the bank
file, or the wires which the adopted
with sny checks except those paid at the counter.
Ssss Ses% Ss s. he sns
Direct by District attorney There were no deposits in
bank to the credit of the Ocean Insurance Company
between the ID and 18th Of April, 1912
NICHOLAS g. RUTeERs called and sworn was the as
stant OF the Ocean Insurance Company in ls42; my du
in the place Of the President during his absence
Cross examined 1T the duty OF the secretary OF thu
company to receive all MONEYS and pay them out "a wei
allowed to pay out moneys for small current expenses
such making fires servants. candles. &c never had
question; when accused sent for at the time the dsa
cation discovered, he made full confession Of de
for nine years he had been in hell but whether he meant
by that he'll in Wall street his conscience caused
the hell the witness did not know-the manner OF cover
ing up the fraud to add to amount OF bills receivable
JoRpAv-Did he tell you how he caneso enter into
Wrrrkss.-I will give you his words he said that
deva came to him in the shape of and induced him
to enter into Wall street culatcns he never would
tell me the name Of that he said that the man or
devil induced him TO enter into speculations in Morris
Canal stock which he said rising and would he prof
abebe thus led on and lost all he had laid out by
salary for several years he said that at one time ne
had retrieved himself within $4,000 in specuations in
United States Bank stock alone in operation he lost
$40 000 never knew him to tell lie, or do any thing
dishonest wrong before this he said he had paid por
tons Of his salary towards repaying the moneys abstract
ed have been in the Ocean Insurance Company since
accused attentive
his business and never knew that he INDUCED in any
exravagancs of either or money he says he is
entirely destitute and has means money the
books and papers the Ocean Insurance Company have
gone into the hands OF receivers they are Messrs j.
BY Aldermen HAsBRoucx--I have been in the company
for twentyhree years but we have compared the
bills receivable with the entries in the book with the
sheet to test the correctness OF the latter that
has been the unfortunate part of the business
JACOB s BaKER, one OF the clerks the Merchants
Bank entry of payment of the check was
not made in the second teller's list supposed
Yesterday, but is on the list Of the first teller.
The prosecution here rested their testimony. ,
LJoRpAN, Esq then proceeded to open the case for
leence and contended that there not sufficient evil
lence TO show that the $3.50 charged in the indictment
ApoLrHus B. SWEET. who testified that he was a clerk
in the Ocean Insurance Company, from 1880 to ls42
have known Mr. Schermerhon to pay small sums on sa
res and for other purposes he has paid and others
Roe LocHwoop, called and sworn, and the cash book
he entries of the book that schermehorn had continued
% pay ont cash from time to me to the credit OF the
company, the receipts oil which not entered the
opposite page this money therefore, must have been paid
from funds obtained by Schermerhorn from his
the amount thus paid in the month of June 1872
was 81 500.
WILLIAM B. BowLEs called Il am book-kceper the
entry Of suspense account in the cash book must have
been the proceeds Of money not accounted for the
iource Of payment OF which the bookkeeper was unac
qnanted.
From the examination of the books by the several pre-.
ceding named witnesses, but little light information
given to the jury to almost every pertinent ques
ton the answer II is mpossbleto tell" In truth
way that the that appeared in the shape Of tho devil
elucidate any thinglentered in them.
Mr.. JORDAN summed up for the defence
District Attorney WHITING closed for the prosecution,
and the Recorder Immediately delivered his charge He
took the position that under the statute of this State
making embezzlement felony and punishable grand
larceny, the jury must be satisfied that the money
taken by the accused with intent to appropriate to his
at the time aken-tha this must be made
evident to the jury by previousor subsequent acts of the
ccused II not apparent in the immediate disposition OF
The money He said that the evidence was before the
jury this point and also that of the Defence in which
he previous good character Of accused strongly pre-
ened to their consideration and they were therefore the
sole judges OF the law and the facts. .
The Jury retired at about o'clock and were called
INTO Court ut hut being unable to agree, were dis
charged They stood for conviction and for acquitta
The Court then adjourned till II o'clock this morning
Fourth and Sixth Wards Court.
Before Assistant Justice Stirling
Jurx IA Romain Vim. Ha'nty, John Carl n,
o4oI