The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-23

III Oct, ber 1 him SINCE the President re-
ceved etter said to be from him, the 5t OF Octo-
son wned seven eighths OF the stock Mr. Sanderson
and others owned just enough make them directors
five hares sufficient for the purpose Norton was the
bookkeeper and kept all the daily entries; Was the
cek; the note discounted at somerville credited
to A. Thompsons account the 3lst Of October the
note WAS dated the 2lst, but paid on the 3lst.
Cross examned-Th notes from which the endorse
ments erased remained in the bank they were
there when left the bank and we're handed over to
ceivers there doubt expressed at that time to
the responsibility of t. A Thompson; letter was
ceiyed on the 3lst; cannot tell now came letters
came at IL or IL y O'Clock from New York think the
letter from f. Thompson was received after cannot
say what became Of the letter. Norton said the contes
that Thompson was going out 10 the west ans
having got funds would come back to settle up the con
Germ; $50 were sent to lawyer in Cincinnati named
Mills 10 arrest r. A. Thompson or get the money from
him; there was general surprise when thompson lei.
New York for Cincinnat was surprised myself, mad
suspicion that time; Norton went to New York
for the purpose of teegraphing to Mills have seen the
letters Of Mills in reply acknowledging having received
topographic dsy atch there nothing said done to
shield Thompson the evening the letter arrived from him
they said if he had kept his promise or If he had not
made any promise the bank would have been still going
Indignation expressed by sanderson, Col Thomp-
son, Doty, and Norton; sanderson had funds in
the bank to meet his checks he had in the
ghborhood Of $780, he has to his credit S227 So
Col Thompson 500 paid for legal servce pro-
ceedngs had been taken against the OF
Earle; according to the books, horton the bank
S74 IS; when called Colonel Cutler did not state
the object of the meeting; did not know it myself he
the first at the bank; he asked me what the news
was / told him of the failure of the 5usquehannah
Bank thought the draft Of Il. A. Thompson upon the
Phoenix Bank would be endorsed even before Col Thomp-
came; nobody objected to it, the effect OF E. A.
Thompson letter to make them all sick, for 1t was
then too late to do anything; he man whose APP
pearance to inspire confidence In his IN
tegrity.
Attorney General-If the susquehannah bank had
failed the 30h could the State Bank sustain itself
NJ vto had haau na1A
whether the Phoenix Bank fictitious or not Sander
in the habit of getting notes out OF the bank for
1t was ofthe bank that the directors should have
this privileges l think Sanderson always brought back
money for the notes, or the notes themselves
The Court then adjourned, 1t being half-past four
O'Clock till halt. past ten O'Clock on Monday moIning
Important to Banking Institutions.
THE JUDGES CHARGE UPON THE CASE OF HARVEY
DAYTON.
The report Of the trial OF Harvey Dayton In yester-
days Herald extended to such length that 1t was I'M
possible for give more than summary OF the ex-
ceent charge of Judge Ogden d'hyered az the -
pete with the exception of some Introductory mat
ter giving history OF the bank the substance OF which
has already appeared in the Herald Judge ogden
said
The Grand Jury Of this county at their sessions in the
November term Of the Court Of Oyer and Termn.r In
that year which Justice Randolph presided either
upon conn plant made before them, upon their own
motion instituted investigation into the conduct OF
after its revival and their inquiries resulted In their
npg the indictment in the trial Of which we are
engaged The regular prosecuting Attorney OF TINS
county having officer in and the counsel Of the
bank he very discreetly and honoraby withdrew from
the discharge Of his public duties connected with that
investigation and by the request OF the Court upon
Was deyoyed by statute the authority to appoint
a special prosecutor Mr.. Little with reluctance ana
much hesitation and upon persuasion, consented 10 ACT
in this b. half His position in this not sought
by him he shrunk it. and afterwards attempted to
escape from acting his part in this Lac scene OF the
Drama He was not appointed TO gratiy ene
any class in this community nor to act as "aAeh
tool in the hands Of spirits alleged to be behind the
throne but he selected by my honorable brethren
upon the Bench one well qualified by ms learning,
his industry his integrity his fairness and his honora-
bic bearing to be ntting representative of the nrm
ness and Justice Of Jersey in prosecuting and try
ing ii be- persons charged with violating her penal
laws. Nor gentlemen, do 1 think that in the con-
duet of this trial he has disappointed the proper
expectations Of the disinterested and impartial citizens
Of his county who have known him long and favorably
lie is Justly obnoxious to no impeachment OF motive
lie had duty operform with hdey ana accord
ing the best OF his skill and free TO say That in
my Judgment he has fulfilled his undertaking with great
ability and honor ard proft ssh, nal integrity aud IN
keeping with the purity Vt the due administration OF
criminal justice The indictment against Harvey Dayton
charges hm with having committed wful anu corrupt
perjury in making the oath cashier before referred TO-
IL removed into the Supreme Court by ettordft,
where many objections raised against its suhcency
all of which settled against the defendant. lie
there pleaded guilty, and the case has been sent
down this Circuit Court for the trial Of the nge
issue which has been joined whether the DEFENDANT De
guilty Upon you gentlemen, 1t has, IN the course 81
fallen determine that issue Your verdict VIII
the the Supreme Court there to be
followed ty tueh judgment its character and the laws
the State shall demand 1t is gentlemen, issue Of
great moment The defendant and to the community
in which We live His prospects hang upon It's settle
ment Whether he is TO pay the penalty due 70 vlo-
respectable in society to return TO the walks Of
rcal life there TO enjoy the continuance OF such
confidence his previous life may entite him to claim
and expect depend upon the result your deliberations
Every In eiety Is 20 be presumed Innocent Of
crime until he be proven guilty The State charably
hopes and that all her sons are uusained with
crime when she els bound to appear in her maj sy
and strength TO confront a citizen charged with offend
ing against her peace her dignity and her penal laws
she comes. not in the overbearins spirit a an
oppressor, but holding the scales OF eyen-handed
justice throwing her mantle Of charity in the scale Of
the accused such H. the attitude In which the dcfen
dsnt sppssr before at the bidding Of the STATE and
you the conclusion that ne Is guilty in man
Der and form as he here stands charged should be by
the unerring light truthful evidence, all presumpons
being his favor. which consistent and recon
with innocence under the deyclopements in the
Let direct you therefore, 10 the Indie ,ment-
the upon which IL Is framed and to the evidence
In it, support The indictment after stating various
acts Of tn. legislature charges the defendant with hay
IL falsely maciousy. wickcdy wilfuly and corrupty
that the 10th u August 1870 the stae Bank
at Morris had bona Gd cash capital for banking pur-
poses amounting 10 at least s4oVoO; ana charging a.
perjury hat the hank that day had not such capital
for ueb pUrpttes hence that the defendant WAS guilty
Of wibul aud corrupt perjury This u based upon an
all, gtd violation fourth section 81 the relief act
( honor here read that section What was the policy
Of the L. glature in this act appearing by ts whole
scope Having adverted 20 the other section and 60
the guards which the Legislature threw around the act
authorizing resumption ~ business his honor pro-
dsd They !. gislatiug upon matter ~ sfsa
public interest II not though 80 10 title an act
exclusively for the relief q the intuition with tina,
relief coupled power 70 reissue bulls ~ circulating
money In the language 81 the Chief justice, when
pronouucug the opinion 81 the Supreme Court upon
another Indictment arising Of the affairs ~ the
state Bank nc Morris. Banks of issue are supposed
10 u. aud II b presumed uniformly are incorporated
f9r IL tuNNt - fh4r huu FIR
yiGunl btneht They designed 10 facilitate trade
ana commerce, and the business operations ~ society
They fufnish larg, part Il he circulating medium y
the country thereby 4, rio ming Of the essential
ces 81 government Their issues eutcr largely into
tie busin operations ~ tie community la when they
located. sound r,dt mable circulating med un J.
public benefit; depttcnt,d currency public evil.
Tie impr per acts II the oc,rs Il bank u VII 80 ma
rsE,n en ~ aHirs iutrusttd-acts ampering With
~, he