The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-04-17
Important Trial I'm the Superior Court.
Ref,ra Jul,. Sandfnrd

ELY MOORE VS.. FREDERICK rRsrz PRESIDENT OF THE
MECHANICS RANK.
APRIL 16-Mr Hall, United states District Attorney,
stated the for the Plaintiff and said that when al
the particulars to the jury thcy would
The action would have been in former times. when
tions had Christian action Of troycr ayAnss
the Mechanics Bank IL appeared from tbs ststemsnt
Of the learned counsel that tho LIST of April lS4x
FIVE kegs OF gold and silver Spanish coin depostel
by the plaintiff in the Mechanics bank for safety
der the following circumstances. Mr. Moore, twhoss
Is hero used plaintiff though tho United Stats
government the real oomplanants) was then Uni
ted States Marshal; the coin into his poss,ssisa
in his official capacity by United States cutter On
kahyc having captured vessel callcd the Lawrence,
she being at the time supposed to be engaged In the a
hc Of slaves contrary TO the act of Congress- Shs
brought to New York and lbeed On the 1st OF April,
1s4s. process put into tho hands OF Mr.. Moore,
into possession the goods and effects board thores
and $40 600 In specie The marshal made dispositisa
thompson Mr.. thompson went over to the Navy
Yard on the LIST Of April and took possession OF ths
brought them to the Mechanics Bank, gave them .s
the officers of the bank leaving them therc for sets
keeping only and not for the general purposes Of bu
and stated to them the officers Of tho banl how
they had been obtained The cashier Mr.. Cornell,
said to him that he had seen 1t in the papers. Mr..
Cornell gave MIR. Thompson receipt in the fol-
lowing words" Received from Ely Moore nsq.,
United States Marshal by William IL. Moore, Rsq,
silver coin subject to his order" This was Signed BY
MIR. Cornell the cashier who however Afterwards said
to Mr. Thompson that he did like to give rsosps
without knowing the contents Of the kegs lie asked
TO be allowed to eraso his namo from it, but said he
would make an entry Of 1t in tho books Mr. Hall
having Just then come into Office, and bearing that
much money had been obtained made inquiries Of Mr..
Moore and Dir. Peck but not getting satisf,otory
account he moved for q federal attachment Mr. Moore
appeared but not being able to bring the money late
Court attachment was recovered against him. Mr..
lie CIr HalD then got order for discovery
against the bank a. to how 1t was disposed of.
1t appeared by the books Of the bank that they
received from Mr.. Peck Deputy MarshaD ave kess,
containing gold and silver coin lie (Mr ~ proo,edsd
still under the process OF that court and appeared
that Mr.. Cornell had made such entry no told
hr Thompson he would, except that there
erasure as IL the money had been received from Mr..
Peck instead OF Mr Moore the United States Marshal
The specie sold for American money
and the proceeds placed to the account Of Mr. Peck
The fact that The specie belonged to the suors in the
he (slr. IalD supposed would not be denied.
The excuse given by the bank for not paying this de-
msnd is that Peck authorized by Moore to place
money to pass to the account of Peck the bank Is
doubtodly liable; the vessel seized aud the
tents condemned -one-half would have gone 10 the
capors and the other to the navy fund There Is an
appeal now pendng aud u will be ultimately decided
whether 1t will bc given over to the spani,h CoAs,
disposed Of as he had said.
Joseph Thompson then examined. aud depo-.a
that he Deputy Marshal Of Mr. Moore In 1913; was
appointed In 1917 and continued til Mr. ~ went out
of Office. in 1ss9 paper produced Il warrant agxaA
the bark Lawrence attached the specie board NJ the
Navy Yard and brought the kegs TO New York, and
lcf, th,m Mt tho Mechanics Bank; saw Mr. Peutx TIE
President. and Mr.. Cornell the Cashier; he iuform,d
the m that the Marshas office being cIo.d no bought
Pentl and Mr. Cornell had oonversaion together,
and finally they agreed to receive IT, told them hsA
been seized board the bark Lawrcnce, and Mr. Cor
nell said hehad sccn account Of IL In tho papers,
dr,w up receipt; this produced IA IL; Mr. Cornell
signed IL and after no had done ho couverscd with
Mr.. rcntr, but did not hear him. he then said he
thought he ought not give the receipt before the kegs
cou united and he then erased his from II;
before he did so he said he would make eatry Of
In the books to the same effect the receipt;
them making entry, but did not rcadit; isr
the specie and took away the receipt with thc name
stricken out to show that had lrft the money
Mr.. Hall. here Informed the court that he would
show st future stage Of the trial that Mr. Peck had
received other sums 81 o5 aud 81 57 81 aud he (Nr
ii had received 81 900 from Mr. Peck. which, hs said
was all tho money he had in bank belonging to the
government.
Mr.. Thompson. ss-exami ned by Mr. Lord I think
i mentioned To them at the bank that Mr. Peck would
down In the morning and about IL there
nothing said es TO pccks errsnd but that no 10
come down aud see about H. never gave the bank any
notice that Mr. Peek had drawn the money without
thority Mr. Peck's account was not kept a. deputy
msrsbsl u kept in hs individual name and he dis
buried the money by checks presume that Mr moore
know tIiat Nr Peck kept the money 10 his ana
that all the moneys Of that ofce deposited in H.
but ba did not know whethcr he hal $1,000 so 900 In
u: Mr. Moore received directly any of the mopey
coming into the marshals ONCE Mr. Peck received all
Adjourned