The New York herald., 1845-07-13
c. j. McNulty's Trial.

wAsHNGroS, July IL, ls45.
After the close Of report last evening" in the
nuation of the examination of Mr. Ayres Of the Bank
of America transcript which he had taken Of portion
the records Of the Bank was ruled out as nadmissbe
not being certified to by any legal authority. Another
point as to the admissbilty of witness testimony ap
pertaining deposcs and drafts Of the accused other
fore the court up to o'clock when the court
adjourned. As the first witness this morning
DR.. DuMMER called.-I am in the Treasury Depart
ment; have been there since 81 my duties relate to
the records of the civil and diplomatic expenses Of the
kept on file in the Treasury certain papers
who approved them the original requisons OF the
Clerk Of the House of Representatives upon the Trca
sury. The prosecutor proceeded to read the hrst OF
these papers, but desired by the counsel to show it
to the accused which he did, and then read the paper
lated 9th Dec s43 addressed the Secretary Of the
Treasury calling for the of $4,000 in favor of c.
Bestor, Cashier of the Patriotic Bank then another
March, for 10000; also, another lath June, 1914.
also four other acquisitions for $40 900 each in
favor of C. Bestor dated Sd July 10th September goth
October and I'd December, lSi4, successively. Then
followed order in favor of c. Bestor for s1533s %,
Witness thought it most proper to state appropria-
contingent funds of the Hsuse drawn and deposited
during said fiscal year. Al the beginning Of the
reditsd to the contngent fund Of the House of 2le 4
BY act of March 3d. lS43 900 we're appropriated
to the House contingent fund On the 9th OF January,
lsli Mr. NJ ST. Clair Clarke, late Clerk, made repay
nent favor of contingent fund Of the House of 10000
On Sept 8, 1914, by warrant from the Clerk, $4,000
ike warrant of Sept 29h following $4,000
drawn from the contingent fund in the Treasury Wit
ness was requested to state items of the $3.50 49,
placed the Of the contingent fund Of the House
in Dec s44 At the beginning Of the fiscal year s44,
there balance in the Treasury to the account OF
contingent fund Of the House Of S20l9 40 On the
18th June ls44 $4,000 were appropriated to the conn-
gent fund On August 5, 1884, Mr. j. w. Jones' Speaker
found in his hands of the moneys the House committed
20 his disbursement which sum was placed to the credit
of the contingent fune Of the House The counsel for
the accused Mr. Carlisle closely crossquestioned the
witness as to the character of this item of $l8 &c. and
the the authority othe Speaker IN the premises
&. j. NcMulty to the credit Of the contingent fund,
sum Of Sl3 los so on the 3rd OF March following
sum of sl5es5 -, wa' credited to the con.ngen! iuno
when having passed BY the period when the agency OF
the accused public officer charged with the dis
bursement of these moneys expired, the prosecutor
stopped his recapituaticn.
The sum of the acquisitions in favor of the House
a9d Of January. AS and Of sses5 - the Sd March
following was $20l476 81 at the end Of the fiscal
1854 On the 4h april s4s q MI Clarke then 9rs en-
him the contingent fund in addition to 81 9e2 also
in since the expiration of his term as Clerk OF the
House, | know Of no other payments made since BY
him. =,
Mr. CHAurcEr BE,rER called-I am Cashier oft
oc Bank and wS %hsn Nj. Ms
tyes. Mr. McNulty opened his account with the oank
carly in December, ls43.
Mr. CARLISLE with view Of saving time, suomuesd
that the testimony of the witness be confined 70 me al
legged embezzement in the indictment before tne court
oil $500 by the accused e...u.......;..; 4.
recurring fill statement ofthe transactions Of the ac-
used with the bank The amounts deposited from time
TO time and the amounts checked out Of the pank or
Ger of the accused necessarily be stated in the tes
tmony in order to clear understanding of this alleged
oefacation of Of $3.50
.eding upon this indictment. II unjust and op
essye course upon his client to call out upon this so
ted and specific charge all the teamony Of the wit
affecting not only this but every Of the scve
III indictments against the accused and publishing
al fka I'M odxou onff liz
indictments yet to be tried before the Court tho e..
nts evidence Of the prosecution against him. The
armed counsel recapitulsed the transaction alleged a
embezz Of $3.50 in the Indictment before the
ourt in fact legitimate and legal, and proper pro
edng in the discretionary transfer OF part Of the PR
funds derived IRON the official salary OF the accused
ence the self-evidcnt injustice Of blending and coniu
ng all the business transactions OF the accused with
bank in the testimony required upon this separate and
accfc charge. II was orcstalling the opinion Of inc
ry il was anticipating the defence Of the accused AM
llistine prejudces against him upon natter discon
,ctod with and irrelevant to- the case in hand.
Mr. FrxpaLL concurred in the fitness ss far as pr9si
BILE Of confnng the evidence to the indictment ~
e,ented also the dirfculties in the way After ststips