The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-19

ps hing il Up myself; have no recollection OF mtk,ug
M: have no personal recollection OF seeing that '
,acksge in the Canal Bank only know FROM the
,coks on book there is credit Of 81 20s in Of tb
Bank don't know that HAD AMY
'een put on my dssk to credit ON could have been
old to credit it.
package of bills redeemed by the Canal Bank, pstsou-
Ally charged without 6rst receiving direction from
some ctficer ofthe Bank! Waived.
Q-Did you mako this entry Of crsdsr to the sdeus
burg Bank for their package Of $42cs withoat drec
tione from any one II not then by whose directions!
Al must hs We had directions, but can't say from
Old you ever make an entry like this without
direction!
Al should think not
On the usual Of the business of the Bank,
from whom would that direction come!
Alt would come from the Cashier
Cross ezSmined If any clerk In the bank had come
and thrown the package the counter and said
credit the Ogdensburgh Bank that amount ! shoale
have done it. that is what mean by saying that tina
package might have been put on my table or desk 70
credit by some of the clerks. | think have given
similar credits to c,untry banks under same crcum
stances many times before; have never heard any
complaints on that accounts It open to the clerks
that such was the common custom
~Re.e1amined- have TO knowledge that MIR, Olcott
knew Of the package OF - EOS being sent 70 New
York. the instapce which the credits before men,
TONED given, are the Lewis County Bank, re-
MIR FoorE, on behalf OF the people, again offered to
read the letter of MIR Olcott to the Onondaga County
Bank in evidence
THIRD DAY.
SATURDAY MoRNING, Oct. IA.
TIMOTHY KNowER-I was in the Court last evening;
in the Canal Bank previous to its failure for some
time; second teller and general clerk; Mr. Crew,
Jenkins, MIR Hill and small boy, by the name Of
MCPHERSON, were the persons employed in the bank
MIR H,ll wa. book keeper; Mr. Crew, teller; Mr. Jen-
kns. was discount clerk; the 10y was msssenger
William McPhersen was the boy; NJ Oicott was
dom recolect of redseming any particular PACKAGE
don't recoect the package of $420S spsken Of; did
not make up the package Hs rsp"oS ,b m%s sa Co.
JOHN l.. CREW, recalled.-Q What instances do
you hnd the books of the bank of the fuads of
country banks after being redeemed. being again
charged TO the banks aud put in circulation except
the of the bsburgh Bank and the two Of the
OnoDdsga County Bank on the sth Of July
A do not know OF my own knowledge OF any pack
age whatever.
ross.euamined The ledger in the book
told to examine last right; did not keep the edSer
can't pick out any one package; but think there
have been packages used in that way.
Re-erdmined - The credit would appear on the cash
books of the receipts; kept the ca-h book; general
receipts transferred from the cash book TO the
ledger looked at but account on the ledger last
night; in every instance where the package was
ceved ut the bank aud not charged to the bank and
again paid out there would be no entry OF It on tue
books.
money of the banks for which we are gents at the
pter and pay 1t out sgsin without sealing it, when
never was broken even If We wanted to use western
funds; don't recoect of using the package without
breaking the SEAL think there have been insta noes,
but don t recollect
Re-enamiped-I have recollection Of any instance
where used sealed packages. where the same
oermed by the Canal Bank previous to five days before
be bank failed have impression that they had
been used three or four months previous, in the
,pring can't say whether they had been charged or
not; can recolect no particular instance where
ckages paid out by the bank after the had
redeemed and charged, except five days previous
to failure of the bank.
A s Hills recalled The ledger is correctly posted
from the book of original entries it posted every
day MIR Olcott had the care. management and con-
troll of the afIairs of the bank he the financial
officer of the bank he looked the books OCCASION
ally he frequently looked ct the balances made out
a stateme mt of the bank twice week and submitted
it to him believe Mr. Crew made the packages for
two weeks previous to the failure OF the bank; am
unable to say to who directed what funds should
be remtsd In weeks before the ban nix failed there
was difficulty in making up remittances for New York;
| think during the two weeks the cashier more
busy tha he had been previously, and gave more at
tention to cole and making remttances than
he did before; in instances where there any
superiptendence Of the making up of remtrauces to
New ork, the cashier superints uded them; for the
last FIVE days he believed that officer did; don't know
who for that period collected and made them up; it
not his business To to that part Of the bust
ness be was employed with his books the conduct Of
cashier for days previous to the close of the
bar excited his attention he supposed there was
more bpsiness done. ard that the reason of the
cashiers doing more
FRtp II PsPoos sworn. 4 am broker in the city
of New Nork. of the firm of Pepoon, Hoffman Ten
Breec received the funds spoken of in letter of 6th
received them from he EXPRESS Office, the enclosure
of $500: don't know in what shape it came; think
the reptsnces must have come in one. two or three
packages; cannot tell the exact NUMBER do not
cole Of receiving from the Canal Bank at that
time package of those Ogdebsburgh bills, or one en-
closed in large one; answered that letter Exhibit
ed acknowledging the receipt of the pack
ages an Mr.. Olcott'g letter not signed acknowledg
count furnished the firm from the receivers; all deal
ugs with Mr. Olcott and the firm were on account OF
The Canal Bank; had no private dealings With him.
LEviSUs VANpERHEypEv. recalled Has examined
The books of the bank carefully. as to whether there
charges of other packages except the Ogdens-
bnroh one; found no other entries until the 7th OF
July: mentioned different charges which he found on
the books at that date.
Mr. wheaton offered to admit that the bank was
insolvent the LIST day of July until the time Of its
failure.
JoHs E. JupsoN recalled The Ogdeusburgh Bank
generally transacts its business by that name with
Gust omers a nd If generally known by that name.
AUGUSTUS JENKINS recalled-Was shown memoran-
DUN be- ok which contains receipt Of Wells Co.. for
pachager the receipt is in his hand writing the other
pa kage was sent that day to PeppoD, Hoffman CO..
ion t know how they went any farther than the re-
,eipt book.
part of the prosecution with the remark that all the
evidence had been introduced, though II might be
essary some technical question to call witness.
Mir HILL refu'ed, on the part of the defendant, to
proceed with the Defence unless the counsel had got
.n,irely through He also commended that the Dis
rict Attorney should elect upon what count OF the
Indictment he would claim a conviction.
The Dish RIOT ATToRSEY then stated that he
desired TO introduce the minute' Of the Canal Bank
10 show that it did not appear. from the minutes that
The cas- hirr authorized to send the packages to
New ork otherwise dispose Of them after redemp
lion. The defendants counsel admitted the fact
The evidence for the prosecution here coeei Pending
he motion to elect between the counts in the indict
nent for embezzleDent and the counts for larceny,
he Court adjourned until eleven o'clock on Monday
morning
FOURTH DAY.
MONDAY, Oct. 16-MR. STEVENS, upon the part of
he defendant renewed the motion that the District
Attorney elect between the counts for element
nd the counts for larceny. He submitted, at the
lore of an argument of nearly hour and quar-
that the sh oud direct the to say
,pon which count Of the indictment they would de-
nand the conviction Of Mr. Olcott
The DISTRICT ATTORNEY remarked that IL involved
pr opo .itons First, whether the prosecution
light joining the several counts In the ut,
md IL So whether it necessary to elect He said
hat thoueh tn. counts in the indictment were, aud
must of necessity be diff. ut they all related to the
charge of the taking Of the Oadensburgh package
lie cited from various books, to show that they had