The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-28

@ Did you say to NcGuckin, in substan.e, on that
That you were his friend and that ne had no
THINK that Was the purport Of It
q Did you say substance also that the whole Boasd
Of Directors his fiendsthat neither they or you
intended 10 modest him. ~ they satisfied from
what they had heard that he had never appropriated
any Of the money 70 bis own use,that they believed
him to be innocent Of any criminal intent whatever
that LOOMS had explained how 1t occurred, and that
they wanted him (McGuckin) to come and show them
how it was, and how much LOOMS and Messrs Cunning
had severay obtained, did you anything Of the
same purpoTt in whole in part, and II state what
Il was A. think did state to nm mat the Board Of
made by Loomis true, could see nothing criminal
in it. and DESTROYS to have him go to the bank and
show US how it was, ~ far a. he could.
O. You stated in your examination that occasion
you wished him TO 60 to the bank and tell how the
did you inquire by whom it had been taken. A. I
did use the word taken and Mr. McGucken remarked il
va, mostly taken by Messrs Loomis and Dunuing.
Q. Did you mention any amount A. mentioned the
amount that we had then discovered.
O. What was that sunni A. 1 think / mentioned the
round sum al $l00, goo
Did hcGucken enter upon any explanation as to the
Amount or extent Of the deficiency ask to be ex-
cused from doing So and did you suggest that he
appeared feeble and in want Of rest he had better go
home and see his family and try get Sleep
you would meet him at the bank in the morning.
he dd not enter into any explanation Of the amount
neither ate or slept since Saturday. did make the sag
gestion you asked me.
Q. When McGuckin met you at the bank on Wednes-
day 18th of October, about NJ, and remained until
II Pm, you say that he in Aituation to- give no
KIND OF information assistance, except you state
tnat large part Of the money had been had by Mr.
loomis and the Messrs. Dunnng, and he promised 20
bring you next morning fnn detailed statement Of the
word situation as used in that statement A l mean
solely TO state that Mr. AcGucken was very much ex-
cited and nervous, and was unable from his excited
conditon, to give the information wanted.
Q. In what way was he occupied at the bank during
those seven hoursY A. Nearly one hour spent in
getting his supper the balance of the time was spent
with Mr., F1att in L,nkirg q
@ To what point or purpose the looking or
the accounts directeds A. To 6nd ont the amount Of
the deficiency and to get what information could
from him concer ning the same.
Q. Was statement or calculation Of the cashier Mr..
Gibbons, used or referred To in that examinations A.
Q. Have you got it, A. I have.
O. Was any discovered in that by Mr.. Mcsuekin9
A. None that he pointed ont at that time the
trary he said that the statement in reference
credit and cash items he had at that time all right
dred dollars discovered in Mr. Patts transscons oc
curing between the 18th and 18th Of OctoberYf So
what was it A. There Of that kind tina.
heard OF any other in Mr. Patts transactions
Q. Did McGuckn tell you what was the whole
amount which Loomis or Messrs. Dunnng had over
drawn from the bank on his certfcaon OF their checks
A. He never did
Q. Did McGuckin make any written statement cal
cuation or exhibit in words figures, of estimate
as to the deficiency A. None whatever.
O. Did he not exhibit such paper in your presence
at the bank, at any time? A. He did not
e s o sSs with Of the
made in writing OF otherwiseS A. never to my know
ledge:
had certified them, which he said he had destroyed
Cummings office on Monday A. He told me they were
certified checks did not say what the amount was but
that he had certified them in Dunning's Office Satur-
Q. When did you first see the money found in Nc
Guckins possession after the l4th Of OctoberY A. At
the station house the morning of his arres-the h
Of December,
n Octn told -,
$50 short and that he must leaving the bank
Saturday night have taken some Of it with him Who
heard that besides you and McGuckins A. No other
q. About what time of the night was thatp A, few
minutes before IL O'Clock
@ Had you any know ledge evidence that McGucken
had taken anything whatever from the bank except
keys in his charger A. Only from the admission of Loo
inability to account for the balance
g. Did you, for the stated, believe when you
asked him the question above mentioned that he had
taken any money from the bank Saturday night the
l4th Of October9 A. had every reason to believe So
and did believe SO.
O. What had you, other than you have stated
A. stated to Mr.. McGucken in the bank that NIGHT
what LOoms and Cunning had admitted which he ad-
mted was nearer the truth than anything he had heard
from the in which he left the bank aud his ac
counts could to conclusion than that he
Q. But did you specify Saturday as the time you
thought he had taken it, A. did.
When you said to him, stated in your direct ex-
the you dvulge all your acts from beginning to
end the sooner shall feel reieyed' was what you
intended to say in that exact anguages A.
think II was, word for word.
2 DID ycu ever make memorandum Of that CONVEX
O. when9 A. At the time or about that time
O. Where it A. 1t is part OF the statement have
Q. Did yon say TO McGuekn anything to the effect
that il he had dvulged all his acts it would be better
for him? A. did not.
O. The induce nent which you held out to him al the
Yoa Inv he ch0o htyulr that
6rs he would feel better and, secondly the officers Of
the bank would feel reeved2 is that soi A. We should
O. What word or words did he speak in answer to
that suggestion Of yours? A. He answered that he
would 10 there early in the morning. and would give
O. Was statement published by any officer Of the
bank the 18th or Goth Of October that the deficiency
outside amount to SIS or to more than SIS oooY
OBJECTED toy A. did not the statement until 1
raw in the paper have not seen it since, and do not
O. You say that bag was found in the possession Of
McGuckn containing gold. Had you that bag
collect that did.
O. When did James L. Wise cease to be dealer with
the Ocean Bank7 A. He never has ceased to be.
@ What kind of bag thst-for what purpose
used? A. canvass bag, such used to carry cons
O. How do such bags become the property Of the
@ What was usually done in the bank with such bags
when empty A. They went into possession of the
teller after the coin Is taken they threwn under
when require them after.
O. Are such bags preserved in the bank its pro-
perty, they disposed Of variousy by rejecting
them from dealers II out, kept If good by the
bank to keep money Of the bank in them A. II the
dealer that deposits money in them calls for them
return them not however we call them the property
Of the bank.
O. Is any account kept or any means adopted t, find
out what becomes of them? A. That is species of pro-
perty that always comes into the hands Of the first
teller.
Q. Has he full power to dispose Of such bags be
thinks proper? A. Yes.
Direct examination resumed-Q Where is Mcssrs.
Dunnings ofnceY A. Under the Merchants Exchange
Bank, in Greenwich street, near Dey.
Q. Where Is Mr.. Looins' oficeS A.. In West street,
near Murray.
Q. We're their Offices at those places while Mr.. Me-
Guckin was teller in your banky A. Mr.. Joomis
all the time, and Messrs. Cunning in part of the time
@ How lcng before Mr. McGuckin LETT TIE bank. had
Messrs Dunnng kept their Office under the Merchants
Exchange Bauk2 A. think two or three years
Q. You bave been asked, the cross-exsminati ton
whether you paid these certified checks under the
vice OF counsepiease state what the advice your
counsel you to the liability of the bank pay
those checksY A. We were told the bank was liable: