The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-19

palstion whatever q any suhseauen, rest0rau0ns
MIR. CARLIsLE for the defence said that they would
prove that the accused had made disposition Of Of
posting them az wide as the Union The Patriotic
Bank was no more his depository than any other bank
or places of deposit He thought the action of the House
OF representatives. in tie eSpus ION OF heNuy hssty
and incident proceeding; and the ilnmc diately subse
quent proceedings for his mnal prosecution had
vented him from that attention to the accounts
of man. could succumbed to the tyranny to which
the accused was subjected Mr. c. said that while the
erests he would put in his plea for the OF
individual rights and thu fair name of his client, which,
by suspicion.
Mr. GouLD one of the Deputy Clerks of the House
of the House,; the report dated It'll January, ls4s
counting for the disbursements of the contingent fund.-
in thespossession of the District Attorney made to
the House on the day of date. Witness dismissed
The prosecution read Mr.. McNulty's letter to the
apd rsa the o. the dis
bursements amounting to Sl72 69l up to December
LIST, ls46
Mr.. CARLISLE or the defence) thought the prosecu.
ton Mistaken to the law of42, requiring the Clerk to
make report of his disbursements, &c, at the COM
mencement OF the session.
Mr.. FENDALL read from the law
Mr. CARLISLE said there nothing in it requiring
report ON the meeting OF the House.
The LouRr said the practice had been to report as
early az possible after the meeting of Congress- Hesup
posed that was the intent of the law.
Mr. MCuLLoucH, First Comptroller in the Treasury,
sworns,aed the fact of holding this Offices appointed
Der ls43 that time balance of si502l9 40 cents in
favor OF the contingent fund OF the House was in the
treasury; additions made the 9th June 1874. on
St Clair Clarke former Clerk $4,000; 18th June, 1884,
$4,000, by approp iation 5th August, Sis SO, pay
o Is IN
OF the contingent fund the command of the Clerk the
money was paid in pursuance Of warrants founded upon
requsons OF the Clerk, drawn in favor Of Chauncey
Bestor Patotc BankD and all endorsed by him in "a
yor OF James Maxim except one; that one was OF the
I in faya af e.
Maxim was Runner Of the Patriotic Bank; Mr.. Bestor
was Cashiers Mr. Grammar Director; requstons Of
Clerk passed to witnes process the uniform mode
officer makes application in writing treated as
requisitlon the transfer from Patriotic Bank 22d jan
uary ls45 Of $l3 So to the treasury brought to
clerk as repayment by him. There was another bal
ance OF 1892 paid in in favor of Mr.. Clarke. Under
dollars made by order of Secretary of Treasury
appears that the of sls92 paid by Mr. Clarke
ls45 credit is given to Mr.. McNulty Of deposit Of
sl56s5 H. The amount on balance charged against
the sl54s5 10, there deposited in the New York
Bank OF Commerce, $l6s5 -, and with Corcoran j.
tons, receipted and endorsed according to form.
Mr. SrAuNToN, here read requsition for draft upon
the Treasury on account of contingent fund OF the
Mr. FrsDALL, then read document from the Trsasu-
uPIe sne Mr. NE
and s. L. Smith, Register followedby certificate Of the
asR n nd he sSR Of the The
Cross ersmined by MIR. STAuTroN, to the order OF
credits and debts of the contingent fund with the Urea
sury Witness answered to recapituation OF clerks
accounts as given and to the repayments Of Mr. Clarke
the predecessor Of Mr. McNuty the last being render
ed in sixteen months after the expiration OF said Clarkes
term Of office Don't remember the time Of the expira
ton of the bank charters of the District The court
said it was July 4, 1874.
I Here followed controversy between the opposing
counsel Mr. Fendall asked of witness if Mr. Clarke had
not frequently called before his final payments Of ba
lances due to have them settled Witness
state what Mr. Clarke had said on applications made at
the Treasury Mr. staunton denied the admisability Of
the testimony The court ruled out the verbal state
ments of Mr.. Clarke in the premises Mr. Fendall in
the Treasury before the final repayment of ba
lances DUE with view to their settlement Mr. saunton
objected to the testimony intended to prejudice the
defendant The discussion this point was maintained
between Mr. staunton and Mr. Carlisle for the defendant,
Bile animation-the former Directing to the particular
testimony asked by the latter institutng Unfair
and nudcial comparison between Mr. McNulty and his
Industrious predecessor. and the prosecution contend
ing that his question Of the witness was legitimate be-
payments of Mr. Clarke had said that the had not
been made until l6 months after the expiration OF his
% ss
peatedy called before to have his accounts settled II,
therefore this was an unfair contrast ought to be IN
stitued between the official conduct of Mr. Clarke and
Mr. McNulty it was brought about by the remark
cited OF the learned counsel for the defence.
The court here ordered recess in the absence OF
some OF the Jury but they IL ve
The was the Tsas Of the
Treasury. We have right in the Treasury to make
payments in favor OF the Clerk, unless under the
ton of the committee Of accounts No repaym emit would
be allowed to him except the actual repayment OF mo-
By Mr.. FENpALL-Yes, sir, l think it was in ls44 |
called Mr. Clarke and adverted to the fact that there
was large account standing against him, and wished
he would render in his account He said he couldn't fur
nish vouchers upon many disbursements he had made
until the action Of the committee that he would have
to wait the meeting Of Congress
By Mr. STANToS-Any difficulty after the House met
WrSEss-There was some difficulty in getting the ac
ton OF the committee the House being otherwise
gagged in matters of legislation. But i was understood
the delay would not prejudice Mr.. Clarke.
By Mr.. FBcDALL-Never understood that the commit
tee called on Mr. Clarke to settle his accounts
Nr CARLISLE thoughtther was no necessity proving
Mr. Clarke's character in Washington Mr.. Stanton had
objection to the question Of the prosecution He
willing it should go for its value.
Mr. CHAUNcEY BEsroR cashier Of Patriotic Bank)
called-Deposed to the fact Of his being such officer
reelection in 1914, by the trustees Of the bank Wit
produced statement from books Of the banks when
Mr. MNulty opened his official account with the bank
there was account standing with Mr. Clarke. They
The following transcript Of Mr. M Nultys deposes
in the bank the aggregate checked out and balance
naming
On the aIst December ls4s,. ."....... $1,000 60
30th ...... 5000 "a 0,OOO w
sth February 1874. 10000 90
25th March, "........... 10000 90
22d April, " -. 20, 900 90
9TH June, /" ........ y &c, 900 90
18th June, ........ gao 600 90
9TH July, .............. 1000 90
10th August, is44, Clarke's- 1vsM
Account transferred .......u 1892 90
26th September lS44,. ........ y0oo0 w
21th October, .............. Bs0o0 O w
Sd December, ............. 10000 90
18th /" .............. 1898 80
Total deposites ACKNOWLEDGEMENTS 1892 $50 10