The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-06
The Recent Wall Street Operatisl.

ALLEGED EMBEzzLEMEST OF TWO HUNDRED AND
TWENTY THOUSAND DOLLARS 90 INVESTIGATION
BEFORE JUSTICE OSBORNE.
AT IL O'Clock yesterday morning the extensive OF
ali ged embezzementwas brought up fer investigation
Augustus C. NJ. Bowen and David A. Comstoci, the
cused parties present in court. On the motion Of
counsel for the prosecution in consequence of the alb
sence of Mr. Cutting they asked to have the investiga
ton further postponed
Mr. Blunt, the District Attorney present, and
marked that present he did think that the charge
u enbezzlement could be sustained. and if not
bezzement, it might merge into charge Of larceny but
If CO the investigation it should only be shown to
breach Of trust then criminal charge can be sus-
tanned and the accused parties must be discharged In
reference to Mr.. Comstcck, he sad he did see,
present. any ciminalty existing against him; and the
only question is to what extent would Mr. Comstock be
made accessory to charge Of embezzement or lar
ceny, sbould the facts when fully investigated sustain
either of those felones? 1t would doubt said the Dis
ict Attorney be gratifying to tie parties that the
whole affair should be fully investigated.
Mr. Owens, partner of Mr. Cutting council for Brown
Brothers Co, moved for postponement until another
day. in order that Mr. Cutting who is the counsel for the
compliments, could be present and conduct the exam
nation Mr. FulleIton counsel for the defence consent
ed to the os;ponement and the whole matter stands
over until tleven O'Clock on Saturday morning
The following is copy Of the affidavit made by Mr.
Nicholson one Of the firm who made the complaint on
which the accused parties we're arrested -:
Samuel Nicholson beirg sworn ssys-Iam of the
firm &C b. Brothers s. Co that Augustus q NJ Bowen
has been for tire past employed by the raid
cash keeper and such clerk and servant of the said
firm has been by their consent in the practice drawing
checks for the funds Of said firm and bas had for that
purpose power of attorney from said firm that
the said Bowen has from time to time within the last
felonously embe2zed and appropriated to his
own use without the knowledge or consent of said firm
the CT two bundled ana twenty thousand dollars of
the funds Of the said firm among which Is an item of
thirty thousand dollars which said Bowen
b. zzled approx rated to bis own use in the
month Of August, 1852, and the remainder Of the
Aforesaid sum was smbez2led by said Bowen, in
various sums, from FIVE to fifteen thousand dollars
various times during he years 1851 ard 1852 And
deponent further says that David A. Coseck has from
time time received from said Bowen the Of two
hundred and twenty thousand dollars embezzed by said
Bowen aforesaid and particularly the thirty thousand
stated which the Fad Comstock acknowledged to
have received from said Pown, and for which he
gave him no secury and dependent further says tina;
aid Ctmstock we'll knew that the said Bowen was
clerk. and said money was the property Of Brown,
Brothers CO. and that he also well knew that the said
moneys delivered to him by said Bowen without
he knowledge Of the firm OF Brown, Brothers Co. or OF
any Of said frm DeTonent further says that the
said Bowen has admitted deponent that he had drawn
tie aforesaid and paid the same to said Comstock
and sa,d Comstock has acknowledged receiving said
amount from said Bowen. SAMUEL NICHOLSON.
sworn to before me- october 2, 1852, b. w. Osborne,
Police Justice.
In the above affidavit, power Of attorney Is alluded
to uDcer which Mr. Bowen claims to have acted. 1he
following Is q copy Of said power Of Attorney
INV York. Jan IL, 1870
J. J. PALMrr, Efq, President of tie Mechanics Bank,
New York;
siR-we hereby appoint our confidential clerk Angus
tuF q NJ Bowen, our attorney for and in our
10 sipn our checks and endorse checks which NAV be
payable to order 1t ia undersood that in all trans
scons with your bank under bis power IL shall remain
valid until your bank shall receive notice of its re,o.
cation. Your obedient servants,
BROWN, BROTHERS & co.
The accused parties on the post ponement were per-
mitted TO retire their parole honneu until the next
meeting Mr. Bowen is young man Of very unassuming
manners and apparently feels most keenly the position
in which he has unfortunately placed him elf His fla
ther derstand. s a member Of the firm Of Brown
Brothers CO. residing In Philsdeipha He was at the
court with his during the examination.
Mr. Comstock Is man OF small stature probably over
forty years Of ege and, learn native Of Connecticut
In the year 1885 he was engaged in the elk bust
ness, in Hanover street under the firm o. Comstock
Andrews but during the crisis of 1896 and 81 the firm
failed for about Se00o GOO Some years after Mr. Cosock
engaged in the hosiery business but after few years
retired without much Towards the latter part
Of the year 1850 or 1861 Mr. Cemstoc commenced the
business Of note broker in William street. near Wall
street from whence he moved 20 JauDcey court where
be opened splendid office. fitted up In costly yle
giving all the appearance OF wealth and extensive bu
ness Every supposed from the appearance Of his
Office and the ready in which he procured large
sums of money, that he was making rapid fortune.
Having money at his command Of course he did
large business in note shaving yet many surmses were
soat Wall street 10 where the money from His
pn,st arrangements 1ss sGl 70 ~ % ecsis oerrss-