The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-23
Mn. McNULTY's CASE.
icone,pondence Of tie baltimore SUM-
WAsHlxeroN, Dee. lG, lsA5

WAsHseroN, Dec. 10, 1845.
Ctiainai United Stats rs Caleb j. .Mc.Siai
iy.-At halfpast ten o'clock, the Witnesses in this
case having been called, Mr.. Fendall rose and sta
ted that perhaps, as he not quite ready i would
be as well for the court 10 try one Of the small
cases.
Mr.. Carlisle. We do object to the trial of aay
case large or small; this is believe, the twentieth
time we have appeared here ready for trial, and
hope II viii now proceed $500 $1,000.
Mr.. Fendall. Very well, sir.
Mr.. Carlisle moved that Mr.. + Stanton, of Ohio,
be admitted to this bar he being engaged in the de-
fence with him. Mr.. S. was admitted.
Mr.. Stanton moved that the prisoner be permitted
TO sit within the bar, for the convenience Of his
COUNSEL which was granted. The prisoner was
then arraigned, the Indictment containing three
counts--the first charging a conversion to his own
use the sum of $4,000; the second count charges a
felonous embezzlement, by investing the said sum
in property and merchandise the third, by feloni-
ousy enrbezzling the said sum by loaning the sum
TO one +, G.. Woodward, and Suydam, Sage q Co.
The prisoner answered, Not guilty.
Mr. Carlisle most respectfully requested TO be in
formed why the usual course Of proceeding was re-
versed why was the case aston the docket selected
He hoped the district attorney would try the first.
Mr.. Stanton stated that he Ind just been engaged in
the case, and had read the first in order, and
that only. The court remarked that the district at
torney had the right to elect which case lie thought
proper, and the court could not control him.
Mr. Stanton then stated that, il the district at,or-
ncy persisted in trying this case the fifth IN order)
the defence would feel obliged TO ask postpone
ment till tomorrow. TREY were willing to try Ell
Their or all of the other four cases Immediately.
They were fully prepared with proof to meet them,
or any of them, but could not, in justice TO them
selves or CLIENT proceed 70 trial in this case. After
a short conference with Mr. Fendall, Mr.. s. contin
ued: find, sir, that no arrangement can be made;
and although Mr. McNuiy desires MS to proceed to
...llN l.. .-ah
responsibility In this cause to which we must be
just therefore move for posponement of these
cases ill to- morrow The court so ordered.
Mr.. McNulty was therefore reconducted to the
Jail
WAsHINGroN, December IL, l8i5.
Criminal Couri--R. P. Fenda esq, acting dis.
trict attorney; James M. Carlisle and 4. Stanton,
esqs., counsel for prisoner.
The question was then put to the following gem
ilemen whether they had formed and expressed an
opinion; they not having done SO, were sworn as
jurors; John McDuel, William D. Dyer Gregory
Ennis, Alexander McWilliams, Edward Fenwick,
James Towles, Thomas X. Wilson, A. Smoot,
Leonard Storm, James Dobbyn, William Osborne,
and Robert Brooke.
Mr. Fendall then opened the case to the jury, by
stating that the offence they were sworn to try
one in which they and the whole community were
interested The difficulty that had been expe-
T1eUCcu III luis US Weit lOuHu
in Furnishing offenders in such cases-the embezzle-
ment Of public mopeys--induced Congress to pro-
vide by statute for the punishment of them. Con-
gress, by approved the 4th day Of July, 1910,
Commonly known az the sub-treasury bill y in its
18th section, provides for the punishment thereof.
In the following year i pleased the national !sg.la-
ture to change the mode of keeping and collecting
the public moneys, and the act before cited was, by
an aci approved thel3th day Of August ls4l, repeal
ed but the first section OF this last act retained the
l7,h section Of the former act and its second
ton, facilitates the mode Of proving the offence by
making the refusal to pay over public moneys,
when required, prima acs evidence of nm embezxle-
'ment.
At the beginning of the session Of Congress in
December 1874, $3.50, 900 were in the handa Of the
clerk Of the House Of Representatives. On the
7th day Of January, 1874, he made report to
peared that Sl72,0 900 had been disbursed up TO
the time Of the meeting of Congress--leaving
100000 still to be accounted for; it appeared
That Sl3 900 were in the Patriotic bank--leav-
ing a balance of over 900 unsettled. The
clerk was called upon repeatedly by the committee
of Congress, to account for the samei but he though
continually promising 10 do SO, did not, nor has he
yet, accounted for the same. Mr.. F. then stated
the present charge was specifically thus: McNully
was in the city Of New York in November 1874
and called at the clearinghouse Of Sage, Suydam,
d Co., and requested that house to honor the draft
Of one E. q. Woodward, Of Ohio, for $40 900, and
he would remit the same on his return to Washing
ton. Mr.. McNulty on his return checked from
the Patriotic Bank Of Washington that amount, and
forwarded the same to the house of Sage & Co.
thereby loaning, investing, &C.
Mr.. Carlisle did not intend to make any elab
'orate opening The gentleman confined himsel
to general denial of any offence against any law
and made eloquent appeal in behalf of his client
that he was here to-day far poorer than when Ia.
entered on the duties of clerk Of the House; and
that he appeared here to-day, not as counsel for {
public plunderer, striving TO retain his Ilgottef
gains, but for an humble individual who, by means
Of hasty and indecent forms of Justice act with
out either Justice or precedent--was hurled from hi,
post with charges both unjust and groundleas hang
ing over him. He appeared here to- day to satisfy
jury Of his country that ha deserved yet the good
name he had borne from his youth
Daniel GoId.-I was clerk in the Office of tho
clerk of the House of Representatives; ! knew Of
the report made by McNulty, as clerk, on the 7tf
of January, ls45, as clerk. (The witness here pro
duced the report. The report accounts for dis
bursemen,s to the amount Of Sl72,227 3d.
| Jas. w. McCuoch.--I am first comptroller of the
treasuryI was appointed in April, 1912; McNulty'
bond is dated the 29d day of December, lS43
There was at that time balance of the contingent
fund in the amount Of Sl50,2l9 40 to the credit o.
the clerk; on the 9th of June, l844 5000 was add
ed 10 this, being paid in by Mr.. Clarke, former
clerk; on the 18th of June, 1000 more was ad
dcd by appropriation of that date; on the 9Th o.
August, sli6 90 WINS added by Mr.. Jones, tn,
Speaker Of the House Of Representatives; making
an aggregate Of $3.50, 1893 %; from this amour
there were paid in pursuance of warrants, TO Choun
cey Bestor endorsed by him to Jas. Mankn, Eek
ceft one, endorsed by G. G. Grammar, 18th June,
l844.) | know Mr.. Mankin, and Mr.. Bestor, and
Mr.. Grammar as officers Of the Patriotic Bank
The common mode TO draw money from the con-
tingent fund is for the officer to make rcqusitior
for the amount wanted; warrant IL therefore issu