The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-24
House Of Representatives.
Trial of T.. u. M'NuIty.

an early hour, adjourned.
Trial of &. j. M'Nulty.
WAsHISGroN, Dec. -, 1915.
United States c. j. hrNnity, indicted tor embez
element of public moneys.
Mr. c. BEsTER recalled-Correctcd certain misappre-
tensions OF his testimony On the asd of October IA
there deposited in the Patriotic Bank $3.50 600 Of
the public moneys exclusive of the moneys on hand of
contingent fund OF the House Up TO that time during
Mir MNulty's administration, there had been other
deposit in bank Of the public moneys except the con-
tngent fund deposits of the Clerk OF the House.
Mr.. STANTON, for defence, submitted bill filed in
Chancery by ths United States setting forth the lab
ties oil accused and That there moneys to his credit
of from two to four thousand dollars in the hands Of
Moses H. Grinnell, which the prosecution in said bill
ting the deficit charged against accused Clerk OF the
House he being represented as insolvent.
Testimony upon this indictment OF 1000 closed.
Mr. FsNpALL for the United States took up the expo
.on of the Law in this case read the demurrer OF de-
June and the opinion of the said Court overruling the
demurrer, and sustaining the Indictment upon argu
mens for embezzIement Of the public moneys cannot
be restricted to the narrow and specific acquisitions set
forth in demurrer.
fGirand Jury called over, and sent Quit
Air FESDALI for the United States then read the in
sucons he should ask OF the Court to be to the
that if the Jury should find from the
testimony that the $40 900 of the indictment
rred from the Patriotic Bank in this city by order Of
MNulty, to Sage, Suydam Co., and thence transferred
TO said G woodward of Oh in pursuance Of orders
from the prisoner in payment as given in the evidence
and that il shall appear that these public moneys
these evidences shall deemed facts sufficient for the
inference of embezzlement OF the public moneys
Mr.. STANTON objected to the instructions prayed
Mr. CARLISLE discaimsd the Legitimacy of the instrgc
tons prayed There nothing in the laws OF Mary
land nor Of this country, authorizing Instructions 10
the sufciency OF evidence 10 the establishment OF guilt
in prosecutions OF this kind OF least.
The debate upon the prosecutors instructions
furt contested between the opposing counsel Court
decided that instructions must embrace all the evidence
TheCourt read the instructions asked to be given to
the Jury. The Court remarked this prayer, that
This was indictment under an act of Congress,
lscts Of 40 and of Al, remnant of Sub-Tressu-
the penaltyD and said that if it shall appear to the
jury tina the moneys in question were transferred by
order Of accused from the Patriotic Bark to the dispo-
si,ion of Sage, suydam Co. with view in any
whatever Of converting said moneys to of de.
disc or by loanng with without interest under the
act aforesaid the jury must hnd verdict against the
prisoner; and further, if they believe that demand
made by the Secretary of the Treasury upon the
sed tor settlement of his accounts and he refused
to answer as required by law, then there is sufficient
evidence for finding against the defendant.
The jury having returned after trief absepce,l
sIr. FEsDALL for the government, opened his srgu-
ut before the jury He adverted to the defacaons
under Mr. Van Burens administration, and the Presi-
dents appeal for more stringent enactmens against
The subsTreasury Act OF August, isi, introducing
moro stringent provision for the punishment OF de-
iausers which made the refusal OF public officer to
account for public moneys requsition, prima
Jacie evidence OF embezzlement, and subject to
penalty of the offence, upon this testimony alone
The learned counsellor dwelt the paramount i'm.
porance Of sustaining the integrity Of the government
by faithful administration of its functions through
bold that is only in doubtful balanced that
evidences Of good character be weighed by the jury
TO presumption favorable to the accused The law
ierred otherwise-hat the act the offence and
the intention The learned counsellor for the govern
merous and highly respectable witnesses who testified
on Saturday last to the unmpeached character of the
prisoner prior to this accusation Upon this point how
he wanted no higher evidence Of good character
than the appointment Of the accused to the responsible
office Of Clerk Of the House, by large majority Of is
accused up to that time But there is always begin
ming crime and from that declenson the character of
the individual is deerorated Mr.. Fendal cited from
the law, act of June $780, requiring oath of public
officers to support the constitution Of the United States
and such oath being required of the House. from this
fact he public officer. Read from Of 1915 reau
ring bonds Of Secretary osenate and Clerk of the House
for the faithful application andlpreservaon the contin
gent funds respective houses-ead the bond of C.
MNulty, B. Tappan, James Matthews, J. b. Weller,
accused according 10 the law Of AZ WAS ao cse
charged with the safekeeping transfer and disburse
,nent Of the public moneys aad subject to its penalty
ell with the transfer of the $4,000 Of the Indictment
and exhibited the positveness Of the general facts
nected with the various transfers of this final
payment in several sums to T.. g. Woodward-produced
The check by means OF which the $4,000 RENTED
MPNulty and Sage, Snydam Co.. TO one ordering the
$4,000 to Bank of America, aud the other stating the
that the 18th November accused mad no funds in Inc
Bank Of America, and that therefore, the pay.
ments amounting to $4,000, TO Dr. Wood ard after the
il,h must have been made from the $4,000 Of the
tingen fund transferred TO Patriotic Bank one OF
November. of
$1,000, lying under protest. Aud il was
probable that accused in New York This
letter IS received ION the 2st November, and this
protested draft ia honored and two others all oil them
amounting 20 upwards of 81 500 How, then, could this
have been Woodward's money, and under his order,
when he vas in Ohio The other drafts paid
pidy and ALL ms has been shown from his
OF $4,000 The prosecutor showed the difference be.
tween deposit and loan If this was deposit this
money placed to Wood Yards credit would show that
sponsioe officer TO the House The money had
WOODWARD, q m produ
The House OF Representatives did not use wheat nor
corn--but articles Of stationery, which were not n
part OF Mr. Woodwards business. The iafy would
md, that between the 5th Of July and the ogth
November, ls4A inclusive, the Clerk OF the Hons denn
sited moneys In the Patriotic Bank amounting 10 so6 Ooo
Read the law requiring deposit the public in
some bank 10 this district The learned prosecutor In
jorred that the opposing counsel would plead that from
and alter the fourth July 1s4a the charters of the Dis
rc banks having expired defe ndant not hound 10
conne his deposes TO the Patriot Bank to any
bank in this District Mr. Fendsli argued, bank was a
bank without a charter; place wbers money was de.
posted for occasional The prisoner his acts
had construed itso had the Secretary tie Treas
ury his superior officer, IN the placing in the Patriotic
Bshk OF 81 10000 OF the public moneys Had the Bank
failed, MNuty could not have been held RESPONSIBLE
nor liable In any way neither morally officially Yet
here is sudden transfer Of $40 600 from this bank and
without any for ITS tranfer is carried 20 the
Bank OF America. Why not let IL stay there That
was chartered bank. II the accused had sus.
ticion OF the safety Of the Patriotic Bank il was
pTaiseworthy thing to remove this money TO the