Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1845-07-12
CRIMINAL COURT.


ments for embezzeaenf Of Public Moneys scAk Clerk Of
the House Of Representatives.
These called to-day in pursuance Of order OF
the Court
There are SIX indictments founded upon various distinct
alleging acts Of embezzIemeA contrary The
act OF Congress- approved 18th August ls4 Each ndict
nent contains three counts founded on the same transaction
and charges it first embezzement Of 50 much money
by convering it to his second BY investing
H. in property and merchandise third by loaning il 10 GER
tain individuals to whom the prosecution undertakes to trace
it. The indictments framed upon the statute and pur
port to follow its terms The statute declares that every such
act Chat is, converting investing, loaning) shall be
leemed and adudged be embezzemen" and thereby
declared felony, punishable by fine equal the amount
md by imprisonment than six months or more than
i've years
Mr. FrsDALI late District Attorney, appeared for the
United States and Mr. CARLIsLE appeared for the
The Attorney for the United States stated that
quence of the nonaendance Of certain witnesses named by
him. he could proceed the trial Of the cases. without
understanding that the ayersers counsel would allow their
introduction at any stage Of the This objected to-
and the trial urged by the traverser's counsel
After some argument, it ascertained that the absent
witnesses were not necessary of the cases. in which the
traverser appeared ready and that taken up
The Indictment charges the embezzement of $780, three
different modes, before stated The counsel for the pr
soner applied to the Court direct election by Attorney
for the United States of the count which he wou proceed
the ground that the statute made them each distinct
of felony that the proving Of necessarily isproyed the
other that evidence admissible count might be mad
msbe the others and that thus although no one count
sngy could be sustained by competent evidence they might
he aided and upheld by each ether that this nder necessa
ry confused and misled the his defence &C.
The Attorney for the United States contended that il was
only charging the offence in three different ways &C.
and the Court ovenuled the motion.
The Jury without difficulty, no peremptory cha
enges being allowed in such and the regular panel
swering, with single exception, that they had formed or
expressed opinion upon the guilt innocence of the
accused.
The Attorney for the United States made his opening state
nen and followed in the manner by the travesers
COUNSEL We shall only give that part of these statements
which relate to this specific case.
The United States undertook show that $3.50 were with
lrawn certain by the check of c. McNuty Clerk
rom the public moneys deposite the Patriotic Bank of
his city, and placed to the credit of G. j. McNuly in p
account at the Bank Of America New York. and there
within few days paid draft Of c. j. McNuly in favor
of Moody, Cashier.
The aversers counsel stated the transaction to be simply
this The accused being his home in Ohio received with
other monthly checks the salary fund.- filed up by his clerk
here for his signature and payable the various clerks three
consecutive checks for his salary each $780, being his
monthly pay That he did not these checks as thew Sc
veray arrived but having length three of them s75o he
presented them be cashed the Savings Bank Of Column
ou and they prefeng to have the funds in New York. he
drew three days sight in favor Of Moody Cashier ON the
Bank Of America, New York; the checks the Patriotic
Bank with instructions place $3.50 his credit ., the Bank
Of America and tina, with this money, which was his own
salary specifically, the draft paid.
After these opening statements Mr. McCuloueh. First
Comptroller of the Treasury, was examined and the exai
nation Of Mr. Ayres B0Okkeeper of the Bank Of America
was commenced
ded tAs sxamipation of Mr. Ayres.
FRIDAI, JuIr IL, ls45.
Charles Dummer called up rs a witness on the
part of the United States The witness stated that he was
clerk in the Office Of the Secretary of the Treasury
and had charge of the acquisitions connected with the civil
and diplomatic expenditures of the Government His tes
ony related the number amount and dates of the various
acquisitions made the Treasury Of the con
gent fund of the House of Representatives during the two
fiscal years commencing on the LIST July, ls43 and ending
June Both, lS45
Chauncey Bestor cashier of the Patriotic Bank was then
examined, and Mr. FxxDALL commenced with an nves,ira-
ton Of the Of McNultys account with the bank Mr.
protested against course OF examination the only
effect Of which would be the embarrassment of his case by the
of q Of extraneous testimony.
An examination Of all the money transactions of his client
would have other effect than cloud and confuse the spc
life charge; and by throwing open to the public eye
Of transactions incapable of explanation the
inc Of defence to which he limited impressions unfvora
lie the interests Of his client would be made conm
ly here and throughout the country and would operate
lis prejudice when the remaining indictments should be called
for trial On these grounds he called the Court
c the United States Attorney such testimony would
,e relevant to the charge specified in the Indictment
Mr. FESDALL while he dssented from the propositions adj
anced by his learned friend the other de stated aer an
examination Of dates and statements Of Witnesses which sus
aimed the view Of Mr. CARLISLE that he abandon the pro-
ecuton which o prosegt asenered On the records
# the Court under protest from Mr. CARHs En- who claimed
verdict Of acquita jury having been sworn Witnesses
xamned, and Mr. FKsDAIL having in the first instance as
'ented to the rendition Of such verdict,
Mr. FENDALL after having called the witnesses in the other
ases and finding that Of them did attend moved
he Court for postponement until day earlier than
next "Wednesday.
Mr.. CARLIsLE objected to a possponement and claimed
bat the trials should go on unless appeared that there was
sufficient for continuance which would operate less
nurouy upon his client than postponemen upon the un
certain expectation that the United States witnesses could
by the day suggested by Mr. FExDALL He should offer
objection Mr. FEsDALL would for continuance
the ground that was necessary In his opinion the pub
ic justice
Mr. FESnlLL insisted the pesponcment and objected
continuance but thc Court considering unnecessary to
eviae from the usual course, ordered the be
nued 10 the next (Dccember) term.
RUNAWAY NEGROES
large gang Of runaway negroes, from Charles county,