The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-26
Trial OF Z. j. Me n ulty.

MeSuiy acquitted upon Of he principe! Indictments
The Facts aud the Lav-.i Summary account OF the
Case The Discharge ~ focused from has Office the
rery t.tng that has sared him.
The case Of tho United States rs C. ]. McNulty in
dicted in five indictments, Tor ENLIGHTENMENT OF the
public moneys whilo Clerk OF the House of Represents
lives OF the United States lar relates 10 the fifth
indictment, closed to day, with verdict of :" Not
Guilty.
In June last, after examination, the first indictment
for an enbezzlement OF the sum OF $780, dropped
by the prosecution, the money being proved to have
been part Of the private funds accrung from the sa
larry OF the accused The whole cause was then CONT
nued over to the present term.
In the resumption Of the last Tuesday week, be-
fore Judge Crasiord the selected OF the four
other remaining indictments the last to be first tried
From the report OF the House Committee Of Accounts, it
appears that at the time of the expulsion Of the accused
from his office, he stood charged with deficit in the
To his credit IN Patriotic Bank . ). $4,000
Allowed for current expenses from
meeting OF Congress ?, 800 10000
Leaving a clear deficit OF .............. a 500
Ot which MessIs. Tappan, Mathews, Potter, and
Weller, OF oai, stand responsible as sureties
ior ................ ............. 10000
s245Oo
For which, the committee represented, there was no
other security 10 the government than the personal
sponsibility of the accused.
he indictment tried is based upon the Of $40 oO0
RENTED by order Of accused in November, 1884, from
the Patriotic Bank OF this city TO the Bank OF America
IN New York, to the credit OF Sage Suy dam Co., and
subject to the drafts OF E. G. woodward OF Mount Yer
non, Ohio dealer in produce. The money rapidly
paid to such drafts six several ents three OF
them upon protested paper.
The Indictment charges, that the accused embezzled
the $4,000 aforesaid by investment merchandise
second, by loan to Dr.. NORTHUMBERLAND by
version Of the money on the part Of the accused to his
own use.
The chief points OF the arguments of the United States
Attorney Mr. Fendal and OF the counsel for the
ed Messrs Carlisle and Stanton, have heretofore
given; the prosecution contenting that the
an mbezzlement, and the defence that il deposit
Tor which the accused not liable TO the penalty of
felony he acting upon his discretionary authority in the
premises as to the place end manner OF depositng
tngent fund after the expiration of the charters Of the
District Banks, the law requiring that the money
should be kept in of the banks of this district
being rendered nulty from the expiration of their
charters
The counsel for the United States finished his closing
argument to-day, Iecapitnlating and strengthening the
points of his opening address, snd at halt past one the
jury retired returning in an hour and half with
dict Of " Not Guilty"
Anticipating the discharge of the prisoner upon the
three other indictments covering OF about S25 GOO
in all the question arises where the entire balance
500 Of the contingent fund of the House.
ed fort Allowing for illegal purchases not vouched for by
committee, because not advertised beforehand the
OF Si4,5oo where is the odd thirty thousand VIII the
money be forthcoming Is it held in reserve, awaiting
the decision OF this Investigation II would be yeiy
curious sort oil a circumstance il such the fact
low So 600 for the unadgersed purchases by the
sed, which, deducted from the S44 500 leaves deficit OF
S365o0 Deduct loss to sureties OF $40 COO and
10 the government 800 besides the costs OF prose
cution, including the proceedings in the House And
yet though it proved that the accused had the money
discussed transferred the money and has returned
the money he not guilty OF having embezzed the
ney because he only deposited the money and the law
does not impeach him for the neglect inflelity Of
depository, no more suppose, than MIR. Van Buren,
could be held responsible for the iahless bans
iutng TO return the public funds in 1880, 81.
Upon the provisions the existing law the verdict Of
the jury IS the only they could, perhaps have
dered n But there is provision in the OF 1871
repeating the SubTreasury act which ould have met
the case, but for impeachment. The of al pro.
vides, That n any public onicern upon requison o.
the Secretary OF the Treasury shall refuse pay
any public moneys in his custody shall be held pria
tdcie evidence Of ENLIGHTENMENT Now the Secretary OF
the Treasury did make such requstion upon the
ed but the misfortune is that ter he had
70 be public officer" Had the House onl retained
accused in his office until the Secretary OF the Treasury
hsd made his equisition, the would have the
full scope and penalty oil the law But accused cea
Ing TO be public officer" the authority oi the Score
tary OF the Treasury exercised upon private citizen
was absolutely farce. Money or no money, the ac
from the House. In ceasing TO be public officer he
ceased to be amenable 10 the of al and has
the Pnentiary through this loop hole 10 the law. Re
spebtfng the money do incline to think that where
yer s the accused has 1t not has had the be ne
nj OF 1t. The democracy OF Ohio ought to make good
the whole deficit pay up every that would other
wise be lost TO the and thus their
skirts Of even the indirect pecuniary responsibility
which they have in this business, and make clean
Off, and be done with it, SO highly do we esteem the
Buckeye democracy, that never could wish to see
dollar OF Uncle Sans money lost directly indirect
~ through any agent or agency OF theirs Let the &C
counts be re-examined-et the sureties do what they
can for the recovery Of the missing funds and then
democrats OF Ohio pay up the deficit and redeem
tho commonwealth at least from tho odium OF thes
transactions.