The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-14

AaRIgr OF TIE WITNESS WHITE, CHARGED WITH
BsMs ONE OF TIE GUILTY PAxrIxs-sTRAsax DE-
yELoPhKNTs.


AsxTgr OF TIE WITNESS WHITE, cHARGkD WITH
BsaNs ONE OF TEE GUILTY PAxrHs-srRAHax DE-
Before Justice Stuart.
Yesterday, according to adjournment the invsstiga-
zion in matter of fraud pending against D. w. Van
Asrnsn, p. SAwin and Others, charged with obtain
ing 5000 from the agent of the Bank of Montreal
Canada West, . fraudulent draft purportng to have
bssn drawn by the Hamilton Exchange Bank this stats
The following is the testimony, and the mAgistratss
opinion In the OF white
william Williams, sworn ssys-I reside at Buffalo; l
the cashier of Whites Bank at Buffalo have
pied that position since ss4 TAINTED with Daniel
w. Van Aernam p. " SAwn don't know John w.
Abel Mr. sawn merchant tailor in Buffalo; he has
kept cash account in our bank for some time
Y Had he bis own notss matured al your bank A.
Yea, frequently.
q was his practice to pa notes before maturity
A, No, sir, think II not
Look at the five liar note here shown Jou on the
Bank Of Montreal and you have ever seen any OF
that currency befo, y Yes. ST, frequently
o. Has Mr. sa sin ever paid deposited any OF that
Lind OF money iDto your baBAs A. Not to my reco!ec
o. From yeur official relations with that bank do you
know that money Of that and had been paid at the
cou Of y, Or bank by Mr. Sawins
Objected 10 b, Mir. Harrington, counsel for SAwn rs
Lna6naissable
The Justice said he thought the question may DO an.
Why, IT Is pretty hard question to an wer Cana
Ga money forms large portion, probably quarter
the money crculston the hands Of the people in
Buffalo; take Canans money At par from customers
1t is 80 commoH thiSg 70 take Canada money have no
distinct recollection OF Mr.. Sawin deposting Canada
money.
q have you at any ime, recently, had any converse.
zion with sawin xsto whether he saving had paid or
deposited IN .nis bank any such money! A. No sir
csptc sometimes Mr.. Frederick GIidley is the recev
ing teller.
Z Did Mr.. Sswn, about The early part OF ooto.
teF last deposit any money or pay any notes OF any
considerable amount atty ur bansy A have dis
trct reco lection ny that he did cake
pAy
Did Van Asrnam keep 40 ac;ount in your banke A.
Never, Fir.
Do you know OF any Transaction sin 30 ths
OF this iino Of mony by Van Aernam has brought
20 yeur krowl.dssY Nooe whatever; nor have any
recollection OF Mr.. saw II NY knowledge
To Mr. Harripgtonhr Sawin has kest baak account
with rs fcrtiS oreght wears; | say exactlt:
know burDen Spencer; have tec0llestion of note
beng paid BY Mr. sawin 70 Spencer ia October last aid
not discover Of funds IN the hands of Mr. Saw.
IN curing the MOI III II October.
BY the Justice-Q Did sawin or Van Asrnsm on or
about the 1Ht of October pay Canada money at your
counter Would you have been likely TO have known
that fact as Mr. Grid-y, the receiving tsers It is
impossible for me 70 say.
10 Mr.. Harrington Il think rssolleos giving Mr..
sawp, about the hrst Of Noyen bsr draft Of $500
the metropolitan Bang ca not how his account
made up; think his account was good at the time he
gave his check for that amount about that time dis
counted two smt II notes for him, but whether in
that transaction cannot Der; think enc of tbs
notes was for $50; upon recollection think there was
only note; abo paid him the same tune or
two OF three days previous TO nj arrest credited him
ouI books $72 Tor bill Of clothing due him. have
for 500 'Oo'','0''0'' : ~'''' ''-''A
To Mr. Cochran-The title Of our bank is Whites Bank
a. Buffalo organized der the general banking law
don't know of any other Whites Ban 10 this State.
To Mr.. Harrington II have known Mr.. Sawin for the
transaction.
By the Justice @ Is the Hamilton Exchange Bank
CORES eoneent Of Whites Banki No sir; nor is the
Ito Mr. Cochrsn-I have never any blank draft
the Hamilton Exchange eank krow Jabez L. White; he
Is cot OF the association Of bank formerly he
he occupied the position Of aying teller
To Mr.. Blss-The drawing Of drafts Is part Of the
ususi business Of banks
Jabez Wits, recalled by the Justice and examined
q At the time Of the nesting at Van Aernams room,
Al the Mansion Heue, by sawin and yourself at the
time CT the filing thess drafts and checks did
Van Aernam state to you in WI at manner and he
had surrsptitiousy obtained these blanks that he
had got Abel to sign them in New York whils he Abe
was drunk, or anything &c that efest? A. Mr.. Van
Aenam sta ed at that Tins that the bookkeeper the
bank gave him these black drafts do not recollsct
them at that time; think he told ms afterwards.
O. The booikseper Of what baLkS A. of the Hamil
ton Exchange Bank.
Y Did you not know At this time, that job w. Abel
wa not then, nor never had been the cashier OF tho
Hamilton Exchange Babkf A. / did not know that ne
vas and supposed lie was not; he had been, to
my kn sledgs.
q Look at tits letter dated a. Port Dover, and il, as
you in the answfng Of Mr. Sawin adore sed to
the agent of the Bank Of Montreal signed by Van Aer
nam, purportng TO enclose bank drafts and say whether
to your knowledge Mr. Sawin the date OF that
letter al Port Dover AT all absent from Buffalo? A.
10 not know tia Nc Gavin at Port Dover, or wns
letter vas jointly prepared at Buffalo By Van Asrna
and Sawn
Q Fave you any eIpIsnati make relative to your
Mr.. Harrington objected 20 the question claiming the
right OF rossexamir alton Of the witness, prior to
answering the last question.
Justice ack nowedsed The counsel to bs correct and
nstant the objection and sled out the question
To Mr.. Hss-I introduced to Mr. Abel in July last
lie at Buffalo then his way east having been
West did not with MIN from that time
until / came to New York; when was in Van Aernams
with Sawin at the Mansion House, at the time the
drafts Allied up, there conversation relative
to the sig nature of Abel not that rscolect bat
that effect but there between us re-
gardpg the signature OF Abel; don't know that Van
Aern raid that he Abel TO sign the drafts when he
light meaning intoxicated, but think he said
that Abel sig ned the crafts when he corned -
Gaming under the influence of liquor Van Aernsm did
they we're intended sub equent to the msetng in the
room and before Van Aernam's arrest, ne CYAN Aer-
nanny told In the street at Bsalo that Abel gned
the blank drafts while intoxicated this after Van
Aerpams return from Canada.
Cross examination Of Mr.. White by M Harrington--A
Van Aernsms room, when Van Aernam said that he got
the blank drafts from the bookkesper OF the Hamilton
Exchange Bank he said the bookkeepsr gave them to
him upon the time be in the bank; Sawin was pre-
sent at this conversation to the whole of the
sation which took place IN the room cannot reco
lect the hist remember was that Van Aernam asked
Sa win TO fill these blank drafts and that Sawn rather
declined to do Van Aernam told hi there would be
harm in filing them up; that he probably never should
Aernam told him be had better take them to his store
and ill them up; don't know that ne Sid so; that's all
recoltct;1 don't know II IL ia just the convsrsaton
but near rs reeollsct; Van Aernam spoke to me
In front OF my Office, that he had some drafts
signed BY John W. Abel, which he wished to
fill up at four five days sight some bank;
there conversation in Van AernaT1's ROOM when
thess bank drafts should be made payable except that
Van Aernam said they should be made the Troy City
Bank; he 30 directed sawn TO h them p, and he did
Mr. So win made suggestions TO the OF filing
them up; he filed up several blank checks; did not
direct him, and | don't remember IL Van Aernaca did:
they blank bank checks; think be filed
up; the bauk checks were not filed up at my requests
they filed up at Mr.. Van Aernam's equest; the
blank bank drafts filed out by awn at the
Q Var Asrpsm; don't recollec If drew out the form
b. which they w itten out Van Aenam designated
fe bank which they to be drawn; don rccol
Iect who hok away The bank detector; Mr. Sawin re
y1esed me TO al up the drafts; he said You fill thsm
up you IAN do 1t better than CAM this was 10 answer
60 . request made by Van Aernam he said to sswp
sYou all these pp that after he had filed up
two. Mr. Saw!n ;hen raid to me- Yoa Gil them up;'
declined 10 co remarkIng that he (SAwin) could
h.. Lar That he had naid