The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-22


pretty much Of stranger at that time but had better
opinion CT him then than have now 0aughter) knew
nothing against him then. and being connected with
man Of respectabity considered him man Of respect
ability also; supposed he a man Of means; had
not the least doubt Of the good faith Of the deposit
made there
Cross-examned II don't recollect when the first app
cation was made to purchase the bank II
August received payment for the se 900 % vorth u
sold him. in the first place, in my stock note
controlled the stock that stood in the Of William
King, George King. r. Freeman and N. w. Condit
paid them Susluehannah bills in part payment of their
stock; I paid them about the 30th the Kings Ike Of
their acct UNITS in the State Bank at Morris at that time
the note was paid by Sanderson to pie months
ago. It talked in the board Of selling the assets
before resigned there was resolution to do 40
before that time (the book Of minutes here
handed to witness knew that to be the minute book
the resolution is to sell the Thompson
understanding that myself scoheld aud Dayton
should receive proportion Of the assets according
respective stock the board agreed to ssl all the
asses except the banking house and the furniture to
Thompson: he paid for them by checking anst his
own funds in the bank don't know that he had any
other money in the bank except the 10000 Susaue
hannah bills the thing was never consummated till
the 18th OF August agreed to take the in pay
Court What the par value of the old stock, A
$50 Q-What was it worth after the 18th 0. August
Mr. Little-Did you sell the assets separately or the
stock with the assets A-They sold the assets first
and the stock afterwards.
Witness continued.-I sold my assets to Thomp son
for check of Sl59 964 81 there was paper docu
all they transferred to j. j. scoeld; the 1896
81 worth Of assets sd to Thompson and with tha
sum- as far as it went he purchased the stock; took the
money that evening from the banking into my own
room; lived in the bank gave up my stock note as
part payment Of my stock no. sure whether it
by Of check got also the stock notes OF
King Jason King Nathan Condit, Peter Freeman and
Nicholson
Judge--What became Of the $4,000,
Counsel for defence.-I became part Of the capital
of the bank.
Nelson Wood recalled acquainted with the na-
ture Of the assets Of the bank when left Il; belize,
the sold for all they worth all the stock
except 55 shares belong ed to the bank the whole
Der was two Thousand the preamble Of the ac, states
that the stock worth about twenty dollars per share
that representation true about $1,000 5000
considered sunk; the bank in operation since
1872 the banking house included in the valuation
oftLe stock in February isse agreed 10 sell sose Of
the stock at s23 So after Che books opened ASK
ed S25.
Charles T. seo6eld recslled--I don't know when the
new books procured fer the State Rank at Morris
cannot say whether II after the organizations;
present when the nswbooks frat written ny;
there had been some entries made beore v the puck
pal entries had not; was called in whenthrse four
leaves were written; they afterwards scad up;
that about the 3lst OF August; Mr. Norton sealed
the pages when | was there; MIR Notion made the
enties from state made by me- he said the book
had got into confusion and he sent for me to cx-
plain them, well ! could; il wss on account
Of ths confusion that the four leaves abandoned
and sealed and the new esrcs msde was in the bank
patt AZ two three days; Norton snd Dayton
friendly and Dayton did not look at the books; this wa
about the time that Mr. Dayton ceased to be c.hicr
came there AT the desire Of Norton nut Daytn oll
afterwards he very gsd the ject to write up
all the accounts they ought to have be the drafts
were in the drawers nobody could tell anything abou:
the books and all was u confnfion; Mr. Norton aske
Mf Dayton about paper and he eunI il ami gave
1t To him was present OF the 18th of August ISia;
~af not there longi was only in the Office not in ihs
prfaie room | was there when tho package vt
Sosluehannah mony counted t.was counted parity
by myself aud parey by others Il si 10 be $50 oc
the package was put that day to Tsomp-on's credit,
though entry was ma de iu the books: know the
package 70 have been placed TO his before the
checks were given drew the body Of the aecl handed
to me for s5OS4; Thompon drew for ~ s3 go the
checks amounted to enough 10 pay for Judge ConIts
stock, schoheds Stock and Harvey Dayton; some
of hc checks drawn before thsre Is for stlSo
dated 18th August winch was there on the lsh all my
brothers and Judge Condt's there hut only some
OF Day tons; (book here handed 10 wtn.~s) the cah
sceount in the ledger is altered in several places when
tns eheeks were presented the notes up
cept portion of Mr. Daytons; told Norton that II ap
pesred from his books the capital -, was not
there lac said he did not think il Of any Importance
whether IL was not speaking at the tim. tf
the entries he making.
To the Attorney General--I not hsak man in any
way am Of the leg al profession; Mr. Dayton had an1.
tn, cash book besides that produced thu kept pr
sately by Mr. Dayton; msy have been called biottcr;
the hooks irregular bu, expla the mDuy
out right; IL from igsousnce OF bank as
counts, and all other accounts.
William Hatfield. examined II am fath.r-in-llw of
Harvey Dayton: his business has been that Il dentist
don't think he knows apythng about bsuki,g; should
think lac very rs rate AZ accouuts (iauxhter
The defence here rested.
Col Thompson was then called to give rebting testi.
mouy on the part OF the statcBstn: shown two drafts
II the Protection Insurance Company for $4,000 each
ssys he Is not that these disc pun:ei ut the
Stat. Bank 1T Morris They Of his hands
the hands of lizard Earl. TO raise money on them
The testimony here closed both sides aud the Court
adjourned at half past six o'clock, until next morning
THIRD pAv
Mr.. Theobold Little thsn opened summing up. lie
said he deeply embarrassed Thc Of
ordinary Character aud but seldom that citizen
II the county VA indicted for the high the awful crime
~ perjury. He had heard Of officer OF incor.
poatsd bank being put rnl for thi. In the
Of New jersey II crime by which the State
bound BY every principle that acuates an honest man.
TO frown down and charge home till the guilt was esab
lshed and punished "a il deserved Perhaps there
ofenee which regarded by the laws Of GOD and
men, a. higher than that q perjury, except It
ought TO be Truth aud fifth lie at the foundation IS
society. Without truth aud fairness, and honesty
What security have you for your liberty, your lives
or your property What chance has Harvey Day
ton for his liberty, All your Offices from the highest
To the lowest held under the sanction OF
oath Why Because il j. found that every man
has some regard Tor the responsibility Il oath.
IL IL hish crime therefore. that he is charged
with The state does not ask you to find him guilty
suppoitiou. but by evidence legal clear AMI such az the
law ssys Is competent and the the admits
and such as you cannot by any possibility doubt II the
state Of New jersey produces such evidence tts Il has
re bt to demand u you verdict OF guilty. Ths u
cleared of all lsgsi technical embarras.ent Every
dhculty Of this kind previously settled by the Su
pteme sourt IL s Therefore peculiarly before you as
jury The deendant stands charged with ths crime u
swearing falsely wfuly and corruptly 81 matters with
in his own knowledge and power. II u not Of PER.
jury at common law for that crime must be committed
IN judicial proceeding, but II IL made felony under
the statute fthe oath knowingly false, then u
corrupt That II VA wifu appears from the fact that
the deendant the night II the 18TH refused take
the oath; on the 10th he took a. The oath sw0rn by
Harvey Dayton and Lambert Norton is uhluali-
hed and absolute in its terms II oath il ab.
sonte, and wilful, end false, or IL the man who
takes II has probable for believing what
he swesrs, he y guilty q the crime ehargrd
in this indictment. According 10 Whartpn's Criminal
Law, man swear to particular fact he u guilty of
perjury, II he make the oath without knowing whether t
Is true or false The scope and plain meaning o the act
u to guard against fictitious capital Harvey Dayton
~ ore false oath when he represented what fsss
aud fictitious To- be bona fds, for banking purposes The
act was not for the benefit Of Edsard Condt Harvey
Dayton and james Scohod but for the security OF the
public. The capital u this bank consisted of promises
toy without any thing which TOBIAS those promises
II u not the first time that false aad fictitious capital has
been employed in the banks oi his State 10 deuc aud de-
fraud the public The State u therefore warned That the
actors IN this business intended ~ carry bank
fraud revden from the fact of their dipo-ing % nearly
the whole stock iust