The New York herald., 1845-07-12
that he spkSf;skted ssid sum rhestuelh n proper
t and merchandise in the second count and that he mis-
appropriated the said by leaning eo Thomas Moo

that he spkSfs7kted said sum NIrkestnehh n proper
~ and merchandise in the second count and that he mis-
appropriated the said SUM by ioaningtso TUhas Moo
Amer the reading Of the Indictment col McNuity the
accused in his place and said that it an IN
Another hour was expended between the two Coun-
selors in this cause upon the legality of presenting as
in this third Indictment Of felony under three
several and distinct specifications Mr. Carlisle contend
ing that the ends Of justice 10 the accused required
definite and explicit OF his offence The
penal provisions against deauers in the act OF August,
lssl repeating the subtreasury act were read IN sup
port of this assumption various authorities and pre-
cedents were cited and debated both sides OF the
question.
three several different counts, though intended 10
yer the same offence fair, legal and admissible.
The jury were then called and sworn-the indictment
again read-the evidences for the United States a
dozen in number were called and sworn, when
Mr.. FrspALL, for the United States, to present
the to the jury. After general observations
the evils resulting from fahlessness in the agents
TO whom may be entrusted the public funds he recited
penal provisions and their retention in the of Al
Peang the SubTreasury act mpressing upon their at.
declares that the failure the part Of depository OF
the public moneys to pay over on demand, shall be
deemed p'ina foce evidence of embezllement OF the
same, by said public officer failing to pay. Mf. +.
defined the duties of the Clerk of the House as an agent
In the safekeepng transfer and disbursement OF the
public moneys and the relation in which the COMMITTEES
OF Accounts stood to the Clerk and the contingent fund
le then stated in genere terms the grounds upon which
On the 7th January last MIR McNulty as Clerk OF the
House made his report in which appeared that there
had been expended the contingent fund for past
year, si7e,27o CO. The Committee OF Accounts at the
time did not fully examine the vouchers of the Clerk
but they discovered that the had been s23 600 under
his control between the adjournment Of the previous
session OF Congress and the 10th December Sli The
Committee OF Accounts after allowing thousands
OF dollars for current expenses, short time aerward
discovered deficit exceeding $40 600 in the contingent
fund OF the House Briefly passing the transac-
mons IN the Investigations which succeeded, MIR Fen
dali said that he should show how large portions this
contingent fund had been withdrawn from the Patriotic
Bank oil this CITY, under the official authority of C. Nc
Nulty Clerk Of the House Repre- and pa.
ced to his proae account in the Bank OF America New
show that in this indictment the $50 charged against
Mr. McNuity We're checked out of the Patriotic Bank
on the 10th OF October lsl4, in his official name,
Clerk OF the House. and placed in the Bank Of America
at New IoIk, TO his private credit {. J. McNulty;
and on the 2sth October, it drawn by his pr
vate check payable TO Thomas Noodle, of Ohio, sc.
Mr. CARLISLE, for the accused, after solemn and pa
heuc appeal to the jury not to be governed BY extra
neous preJudces considerations explained, which he
represented the true character Of this $3.50 ransac
uon nwas SUP: OF money drawn by him. and appro
prated as part Of his salary in three checks of $3.50
each upon the Patriotic Bank to satisfy the original
draft ior $50 in the hands Of Thomas Noodle He
hoIed me jury to conhne their attention to this part
cnsa. INDICTMENT, until disposed of.
Mr McCuLIoen, first Comptroller of the Treasury
called.-Examined by Mr.. FrNpALl.-I first Comp
treiier OF the Treasury; qualified I'd April 1872;
have been in the Office since. have not examined
OF late tho rrensnry books to the advancement from
isii The whole SUM credited to the Clerk in Decem
per- isii was S23033S 49, which included 81 992 paid
AZ ny MT. Clark. On the 9TH February, there was
drawn IRON the Treasury and placed the
Mr. McNuy, Clerk, in the Patriotic Bank sl3, ,lss 10
leaving balance of S2l949 40 to the debit of the
Clerk On the 3lst March, l645 Sl5 ,6s5 IL were with
drawn from the Treasury leaving balance Of S2o3
81 according to the ledger.
Cross-craRined by Mr.. CARLisLE-Mr. Clark was the
predecessor of Mr. M'Nulty DO not know the day OF
payment of the 1892 paid in by Mr. Clark Will
aln from the records OF the Treasury also to wheh
er any other payment was made by Mr. Clark In what.
soever is left by law to the discretion of the House. the
committee personatng the house passing upon vouchers
oHsuch expenditure in behalf of the House. would be
conclusive.
.-MR.A AyREs caled-l am book.keeper in the Bank oi
America. keep the ledger Mr.. Carlisle objected to
the testimony Of the witness because his entries
only copied from the original records of the Bank
WirSEss.-Mr. M'Nulty had balance remaining in
the Bank the ls week of Novembar, 1914, of FIVE
six thousand dollars, which he drew Mr.. Carlisle
asked witness how he knew. Witness replied that
had seen Mr. MNulty himself. Saw him go to the table
and write check. have the check with me. Some
time afterwards Mr. M'Nulty credited with SO 600
which he drew out. The I'd teller received deposes at
that time Mr. Pernctte He was succeeded in November
llY MIR. Negs