The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-16
his u. letter va. received at the bank on the sh of

May, 1848 and Is dated Mayo
The District Attorney read the letter, which directs
that the packages be sent by Wells Co.'s express
Utica, thence north by Cussell's express The Canal
Bank to advise by mail of the amount sent and to pay
Ma JypsoN. again recalled-From the date of that
letter they acted according to the letters directions
other instructions given all ths packages
Forwarded, but the the 9th Of July; he exhibit
ed Mr. Ocotts letter in reference to that package dat
ed July the letter was received by mail on the 9th
Of July before the failure Of the bans heard Of at
c s' letter Was read and o1,rss re-
age of 81 20S received by the usual course
Of business should have to hand the 18th of
July be was the financial officer Of the bank; there
was uthority given to change the usual direction
of tho package
Gross. eramined-He ascertains from his books, the
balance due from the 9th to the 18th of July
to the bank Of which he is the officer The Canal
they have in the bank had no money in that bank
on which they did not get interest they redeemed
the bills without charge the bank that seals up
send to the agency makes apprisal of the
the OgdeDsLurgh Bank; they retain the aey sealed
before sending it, twenty days; the endorsement on
burgh N. Y.,n and generally the amou Mt within the
package In figures on it, Is not that all are thus
endorsed though that Is the usual endorsements the
was made by the President and himself, with Mr. OIL
cott about the latter part Of June first Of July
1S4o it was not made In writing don't recollect the
conversation which took place when made was done
at the Canal Bank; they were to redeem the notes,
age; the Ogdensburgh Bank to send money of
which they were to have the use of for certain me-
rcd of time either twenty two or twenty.seven days
after which passed to tn ir credit which
they paid interest for the use of the money.
The Court then took recess.
FRIDAY MORNING, October 49,
JOHN D. JUpsoN recalled by defeudaut's counsel
When the first arrangement we made with the Canal
second arrangement made by myself; was in OF.
deneburgh when made it, have made no second
specific arrangement with the Canal Bank can't say
that made any arrangement; the proposition came
from Mr.. Ocott think 1t by letter it referred
to new arrangement for the redemption of our notes
have not looked to find this particular letter. ater
that proposition was made and accepted the Canal
Bank went on as our redeening agent in Albany; it
is rule to keep such letters is that
this arrangement was in 1874; have knowledge of
from Mr.. Olcotts letter; have no knowledge of the
manner in which the business between the Canal Bank
and the Mechanics and Farmers Bank was transact
ed; never saw this 50 ,208 done up In a package: I
have no knowledge Of my that it was left at the
Canal Bank; made no arrangement with the NJ
know Of any arrangeme MT; know of no arrangement
with the M. f. Bank as to any q our notes which
for any bank in this city to pay out our notes sran
without sending them to our agent for redemption
Q.IWould it not be benefit to your bank for the
Canal Bana Bank to pay out your again without
redeeming them and charging them to you?
This question was objected to by the District Ator
The court allowed the question to be put on the
ground that 1t night be necessary to prove the good
motives Of the prisoner.
Q-Suppose package of your money had been sent
to the Canal Bank and the Canal ank ha put it in
circulation without redeeming it from your money in
therhands, would II not have be N benefit to YOUR
bank
At would
2:-lf Mr. olcott put this package in circulation
without charging it to your unit and the Canal
Dank hadn failed, would it not have been benefit
A-Yes The banks in this city daily nut into cir
cnlation notes Of our bank without redeemn g Them
we count over our packages when receive them
from agente, before give our agents credit flor
them abr I
the Canal Bank to make it up we used to send our
money by any conveyance we could procure did not
employ an express previous to the Sth of Nav
Q.-Does the direction in the letter refer merely to
the mode OF the notes. and it so in.
The DIsTRIcr ATTORNEY objected to the question.
as the letter speaks for ITSELF
The court overruled the question
Ave occasionally send down notes. as we had
done before after this direction in the letter recol
iect sending by Mr. Burnap; don't recoleet sending
arrangement we sent them uncurrent funds and
they kept them twenty days before they gave credit
Tor them there was discount on that money of a
Question by District Attorney.
Al have not fully compared the account on our
books with the books of the Canal Bank Ihsve com
pared them enough to know that they differ.
Q.Suppose this package bad been sent home to you
after being redeemed instead of being sent to New
York, what would have been the diferenceto you!
Ave would have been 81 2Os better of.
Q-Does the balance due from the Canal Bank to
your bank still remain unpaid?
Objected to by defendants counsel.
Al ID q Oalance que from the Canal Bank to
the OEdensburgh Bank
Q.-What is about the balance due to your bank
from the Canal Bank?
Objected to- Admitted
About $50 600 including our whole dealings
rQ-Was the whole amount due from the Canal Bank
at all times fund for the purpose of the redemption
of your notes?
Objected to. Admitted.
Alt was. We had funds there for redeeming our
bills, and fer drafts, and other purposes.
Q-What amount still remains due from the Canal
Bank to the Ogdensburg Bank?
va fQd In hu he dafo dan -
counsel. Wheaton contended that it was immateral
whether the Canal Bank indebted to the Ogdens-
ENHANCEMENT. The intent must be shown at the time
the act committed. If the defendants intent was
criminal at the time 1T Is mmateria whether the bank
was solvent at the time or not or whether the debt
has been since paid or remains due The jury must
whether his intent was at the time OF the
alleged embezzement. The Court overruled the
question.
Odd that balance remain due from the Canal
Bank at the time of the failure Of the Ca nal Bank
The defendants counsel objected.
The court allowed the question, to show the condi-
knowledge of the affairs of the bank.
Re.eToss eaamined. We have had . running account
with the Canal Bank for the eight years. our deal
ings during that period have been perhaps q mlien
year. got all our information in relation to that
count from my books and papers | know the balance
from the books and business of the bank and from let
ters received can't speak of the balance within
$5OOO except from the books and letters of the bank
sometimes make entries in the books, and sometimes
the clerk makes entries did keep the of
the Canal Bank altogether books containing that
account are ut Ogdensburgh the letters and other
papers at Ogdensburgh we had general fund
in the Canal Bank for all purposes had right to
draw it any day, and to draw out the whole amount
if we chose.
Re.ezamined.-I was conversant with the general
transactions of the bank; knew of the transactions
as they occurred am acquainted with the translc-
tions which form the basis of the account between
the Canal Bank and Ogdensburgh Bank, and am
quainted with the account.
O. Refreshing your recollectons by reference to the
books but speaking Independent of the books, and
om your recollection of the transactions you say
r6.tn hall fhaE Cana apE
to the Ogdentburgh Bank at the time of the failure
Objected to by defen dant's counsel.-Queston
cluded by the court.
@. Speaking from your knowledge of the trausac-
tons between the banks. there anything due from
the Canal Bank to the Ogdensburgh bank at the time
of he failure?
The auestion ohiected to hy detendaut,s psel -