The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-23

lmeni. An inquiry was then gone into relative q
the usual course Of settlement between the clerk
Of the HOUSE, the committees Of Congress, AM
the Treasury Department, more lengthy than inter
esting.l pf
The Hon VIM. Allen and Robert c. Schenck, o
| Ohio, both were presen, for some lime, and had
! conference with the defendants counsel. aug
Cbauncey Bester.-I am cashier of the Patriots
Bank and was, during the term Of McNulty as cerl
Of the House Of Representatives. the same books ar
! kept now as then. At the time Mentally came int
Office, there was an account kept there by Mr.
Clarke. 1 opened an account with McNuty a.
clerk. The following credits to his account ar
made; On ------ day Of De-, sl5,O00 the 30th o
lday Of 49, $50 ,000 22d April, 10000; 18th June
4 $40 600; 5th Of July, $50 900; 10Th of August
81 ,992; 26th Of Sept $4,000; 29h Of Oct $40, 900
Sd Of Dec, 500, 1000; and on the 2Gh of Dec. $40,
34s %; making an aggregate Of S232.33o 20
The checks drawn in the mean time amount u
S2f9, lag 49--leavng balance IN his favor Of Sl3
] $50 80, which was transferred to The treasury by
order Of the Secretary Of the Treasury. McNuty
never overdrew his account the bank the checks
were all drawn by McNnlty ns clerk Of the Hous'
Of Representatives. On the 10Th Of November, laI4
| sent draft to the Bank Of America for $4,000 to
1 in payment for check for that amount drawn by
McNulty. ,ai
/ The United States then offered letters written by
MIR. Bestor, forwarding TO New York the draft; OBJ
/ jec,ed 10, and they were Withdrawn for the pres
| ent.
! Charles Suy,Ian am one Of the firm Of Suy-
dam, Sage & Co, Of New York. | was present al
a conversation in the city Of New York between
McNulty, and Others, at our counting house; he sta
ted that in few days he would send us $40 OOO
which he wished us TO pay TO the order of z. O.
Wood ward, Of Mount Vernon, Ohio; think he al
RI cho,,I1 this
money before we received il, that we should pay IL
this was in the month Of November, 1874, about
the 18th McNuty sent that money TO us in a let
ter enclosing draft on the Bank Of America
Jonathan Ayrcs.--I am book keeper in Inc bank
Of America; was such in 1874; the books Of original
entries containing the transactions of McNuty with
that bank, are here in court; Mr. McNuty's ac-
counts with the bank were closed on the lth Of
Nov. 1874; l never saw draft drawn by McNulty
on our bank. aa
Mr. Bestor recalled never saw Mr.. McNulty
write check, nor did he ever hand me one; the
for $40, 900 was sent to me in letter; have not
that letter or check with me. Mr.. Restor then left
the court to procure these Documents; his return,
his examination was continued.l The reason why
transmitted this draft TO the Bank Of America,
was at the request Of Mr.. McNulty, either orally or
by letter; cannot find the letter. was absent on
the day this business was done; II was done ny my
son at my special order
Cross-examined.--I do not remember any check
have paid; L only remember by reference 10 the
books Of the bank; saw this check (for $40, 900,
drawn by McNulty, dated the 18th Of November,
1S44) when arranged it in the bank; I know
that received letter from the cashier Of the New
York Bank, acknowledging the receipt of this check.
do not know who presented this check at the
Patriotic Bank; did receive it on the 18Th OF
November, i am not positive from whom do not
know whether it came in letter or by hand; the
custom Of the bank is to pay checks TO the person
l. sl,a is nat ha cna nf
bank to receive checks from the drawer when
made payable to another i is rather custom
of the drawer; l saw this check paid; paid il
into the Bank Of America by sending draft for its
amount; | directed the draft to the cashier Of
that bank; cannot swear positively that was d.
rected by Mr., McNulty TO do 80; ! am acquainted
with Mr.. Kershaw, to whose order this draft is
payable would have sent this check to any p4ce,
and made any arrangement with Mr.. kershaw In
regard to ,hemoney, he being the endorser, as wei
as with the drawer.
| fThe cress. examination of Mr. Rcstor by Mr.
Stanton was the severest ever listened to- q
| The grand jury at this time came into court with
number Of presentments, and were discharged til
Monday next.
The counsel for the United States then offered
again the letters offered before, and parol evidence
as TO the contents of the draft which is not to b.
| had "a evidence. Mr.. Fendal supported the frs
offer in speech Of some length. His honor ruled
that paroi evidence fthe contents of the draft could
not be given; and admitted the letters as evidence II
the cause. bill Of exceptions was taken to thu
latter part of the decision.
| The letters were--first, letter from Z. Bestor
enclosing to Mr.. Thompson the draft mentioned
requesting the amount TO be placed to the credit
G. j. McNulty the second, from Mr.. thompson
acknowledging the receipt Of the same, and the dis
position Of the funds as directed,hen read to thu
Jury. 49,. trp;. ,,;,l ... !,
Iheoaore =. Meigs.LL III wiui r p.ousn I
the stana iour poons % ~. os ~ s,,
receiving e.er o. 'no Dan M, y. Th ~ -. xo;
OF June, Joa4, was no' mne. an. a az. e
Mr. McNu,'y aooo an, I'm nc. az
count c'osoa on ,ns ~ =, a l.o.so 81 !.
on the 2oa o. .an mo aepose WIS ,aaue ~ i,
credit OF McNuhy Oh no c AZ nnn - s.on 7;
whom; on ,he oc 81 " $500 Emo !,
french on tne SG ~. " e tse sa,e n a, noS
the same; on the pm 81 SePeper 600 eheo1
OF Beslor; ontne eM q ssu ~ eneo
OF y. aesof on ue SI.r - cStope. rsou, ~ 400
beslor cnecs' on uo sd Th,s o ,,as ~ na o~
4 ~ eneIn - =, croJ;, or McNul,, TIE ,nonsv