New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-07-12

CAsE or McNULrY-We have letter from our Wash
ington correspondent giving detail the FIRST days pro-
ceedngs the trial OF McNuty. but columns are
TOO crowded TO allow its publication. Our conespon-
dent says
This case has produced considerable excitement and
numbers OF persons assembled this morning 20 witness
the trial Mr. Fendal employed by the L. :. 10 conduct
the prosecution, Is Of more than usual grasp Of
Intellect learned IN the law slow, cautious and cOur
teous In his manner Mr.. Carlisle, the counsel tor the
defendant i young lawyer OF very high standing al,
the bar full Of genius remarkable for his astuieness his
requirements the facility with which he calls them into
action in the conduct OF the and with which he
Yields them 10 results he desires.
The counsel for the defendant moved TO take up not
the fret indictment in order but which stood No.
- the docket, the ground that he not fully
prepared to try the others. The counsel for govern
ment bected to this bat after considerable discussion
the request granted and the Trial proceeded We
again quote from the letter Of our correspondent
This indictment charges the enbezzlement in three
different ways Of S7Jhrsf that he converted Il 10 his
secondly that he invested it and thrifty that
he loaned il 20 Mr.. Moody.
The defendant then arrsigned this charge OF
felony and pu, in his plea in the following terms-at he
red but not guilty. Of the embs..ieTpenf charged !"
Mr. Carlisle commended that the three several modes
OF emoezzement charged were inconsistent with and
repu.na 20 each other and they this uncer-
tain aspect they rendered the mode Of defence 70 be
adopted equally uncertain and perplexed lie appealed
the Court require OF the counsel the other side
TO select on which particular he proposed Try
his client
The Court decided that j, had no discretion In this
case and had right TO cal upon the L. 3 Attorney
make selection Of the particular point which he intend
ed 70 try number Of Witnesses then called and
sworn.
Mr. Fendail then opened the on the part Of the
L. : He read the law Of Congress under which this
indictment laid and By which any conversion
investment of public money 10 his own use by any
Clerk public servant is punishable with fine and i'm
prisonment He said that be should insist that the
Of Withdrawing funds a, his public account in Bank
and placing them another Bank 10 his private
count in Itself an evidence Of embezzement
Mr. Carlisle followed in a yery impressive appeal
70 the jury in behalf OF MS client In the spec
iied In this indictment he would be able TO prove
that three several checks for $3.50 each, were re-
mltred 70 him account VI salary These three checks
De retained in his possession. Nr. Moody was the
Cashier Of Bank at Columbus Ohio and his client hay
ng occasi the funds took these checks gwen
HIM for hs services to Mr. Moody and wished obtain
the They wished % have the money in New
York IN preference 20 Washington, and be therefore
Inn a. draft the Bank OF America and sending
MS three checks the Patriotic Bank requested
70 place thar his credit in the Bank Of America
and this has been maguihed into great fraud the
United States
J. W. McCuloch (ComptroIler) was then called and
mad finished us testimony when our correspondent
closed bis letter