The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-19
From the NetD York Journal Of Commerce.
Superior Court.

TUEspAy-JupGE SANDFoRD PREsIDINa.
Ely Moore ps. Frederick Pentz, President of the
Mechanics Banking Association--This was an &C
ton to five boxes kegs of gold and silver
amounting TO 100000, deposited in the bank on the
lst Of April lS4s. by the plaintiff for the sake of
keeping, and not for the ordinary purpose of bust
ness. The property did not belong to the plaintiff
and was only in his possession as United States
Marshal. The United States schooner Onkahye
had captured the bark Laurence, for being engaged
in the slave trade, and brought her to this port in
March, lS4S, and she was libelled in the United
States district court, and precept was issued to
the plaintiff who was then United States Marshal,
to take possession of the vessel and the 900 in
specie. Mr.. Moore deputed Messrs. Peck, Smith,
| and Thompson, to execute the process. and Mr..
Thompson, who was deputy marshal, took pos.
session of the five boxes containing the specie and
went TO the defendants bank, and there saw the
president and cashier. and told them that he wished
to deposit this specie with them, and informed
them how it had been obtained, and they consented
to receive it. Mr. Thompson then drew up the fol-
Received from Ely Moore, United States Mar
shall, by William Peck, Deputy United States
Marshal, five kegs, said to contain gold and silver,
| and subject TO his order"
This receipt was signed by Mr. Cornell, the cash
Ter of the bank but, after he had signed it, he con-
versed with the president, and then told Mr..
Thompson that he did not think it right to give
a ",
contained. He then erased his name from the re-
ceipt, but made an entry, similarly expressed, in
the deposte book, thus: Received from Ely
Moore, U. S. Marshal, by w. II. Peck, Deputy U. s.
subject to his order. April lst, 1913" On the 81
of April the words " Ely Moore, U. s. Marshal,
by" were erased from the above memorandum,
and it then read that the property was received
from Peck only. Under this receipt on the depos-
ite- book was written by Peck correct" and, as
alleged by defendants, the erasure OF Moores name
was made by Peck's direction. There also
order from Peck pass the specie TO his account II
appeared that Peck kept his account In defendants
bank, and there deposited the moneys he received
in his capacity Of Deputy U. s. Marshal, and drew
on it for any disbursements he had TO make ip the
same capacity; but II did not appear that Moore
kept any account in it. The matter thus rested
until April, 1919, when the present U. 8. Dis
trict Attorney, Mr.. Hall, came into Office, and on
hearing Of this $40 900 being in the hands of the
marshal, he asked MIR. Moore what became Of 1t.
To which Mr.. Moore replied that he knew nothing
about it, and referred him TO Mr. Peck. Mr.. Hall
then applied to Peck and receiving satisfactory
information on the subject, he applied 10 the bank,
and learned that Peck had caused the specie to be
sold and had drawn the greater part Of out of the
bank. The district attorney then procured attach
ments against Moore and Peck TO show cause why
they did not bring the money into court. This at
tachment was for some months evaded by Peck,
who then said that he could not restore the whole
of the money, but paid into court S1,Vo0; but whe-
Their ON account Of this transaction alone
count Of II and two other sums OF S2,675 and
$50, which he had also received in his capacity
Of deputy marshal. is disputed point.
The suit was instituted by the United States dis
trict attorney in the name Of Moore, as havinghad
the poesessory use Of the money; and a. IL IL con-
tended that as the bank were aware that the money
was deposited with them, In cause then, and yet,
pending in the United States court. they should
not have permit led Peck 10 dispose oil IL, and are
responsible for IL.
The case Is still on