The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-25
Trial OF VIM. y. Tuckesman for Alleged
RsiAxOAd EnAbexzlement.

On the 22d inst the case Of VIM shaw ruckermaa In
dCted for embezzng the funds OF Eastern Railroad
Company called up In Tho Municipal Court Of Boson,
agreeable TO assignment. On the beneh Judge Abbott
defence. Rufus Choats and Jonn A Bollss.
district Attorney Cooley proceeded with hs opening
e stated in me course Of his argument thai Tucker
man WAS the treasurer OF the Easera Railroad,
en'ire trust and hdence Of tue corporation Now,
the deienosnt took the money In question ($5o00) he
either took with feonous intent appropriate il to
his use and not therefore, breach Of trust or
ia ID and n.eIt towards corporation approp hate
10 the use Of the company, acting their II
the evidence proves tnat he received the money good
fhth and subsequently appropriated IL 10 ais Use,
this would be = case Of embezz,enen. IL. the
uary, should be shoxn that the time when ne re
ceived the money, he received unde, standing him
self as the ent Of the company, but with iranduea
tent IT the time, then Ia case OF isrceny.
a., District Attorney proceeded iufthsr to state that
man standing IN ms official Capacity agent Of
poraton, DID on the 2olh OF june last Ruel
Williams, OF AuguetR, Me-, President Of the kenne0ec
ard Portland Ralload s. 00o which was paid to Ia ker
man by Williams Tor trans portsson merohsn se over
Portland corporation. and paid by lr Williams to rucx
ermsp considering the latter the official treasurer OF
the Eastern Railroad was Also sx eeced TO be sh,wn
whch he deposited IN the Merchants Bank. aad
Same day drew out sgan with Intent 10 appropriate
20 hs own use, and an actual Appropriation in that d
rectopan actual skiHg and expending Of the money
although part Of the subsequently refunded.
The HsnCt Attorney also expected 20 snow that ths
defendant took the money with an ntenou 10 tscaps
justice by leaving the United States avoid tue Goa
qsences o. his oonoaon with the company. Mr. Cooley
expected to prove All this an much more by tue adrs
soDs ana confessions Of the defendant He expected
show 81 ho bad confessed Ia descon OF s8 900 Of
the frnds OF the Eastern Railroad Company, He also
pectea 70 show tna the dessauans method of covering
up these abstraeops 30 Represent large pal
naad IN va ions banks which Representations were fxe
he also expected " prove an Issue OF the companys
notes to tho amount OF 10000, and all total nasap
preparation Of sl744is 3o acknowledged by ruckermAn
in his own hand writing
TIE Vii be continued through The week. aud |, is
net probable ha. the evidence will s,oss wednss-
eay The thea take a day or two before
the 90 TO the Jury The general impress on In
the courtroom Ii that the defendant will be acquitted
der some nicely oi tno law.
from the Boston Atlas December al
The Court camo in at nine O'CLOCK sd inst, and The
ezemiLanon OF witAesses resumed.
j. Thomas Stevenson called-I Treasurer OF
The Boston ana Lowell Railroad Company; paid 20 Mr.
Ircktrmap, as treasurer OF the Eastern Railroad, tso
amount OF one cum $40 COO aad the $50 600
the hrs August &c, 1855 the next August 81 1855 the
receipts were signed b, Mr. .ru herman; there
acknowledged debt existing bew the roads at the ume
the money pao lands which tho Eastern road had
purchased Joint o the roads portior Of
which subsequently transferred TO ins Lowell road
or which the $5t 900 were paid Ia the
produced taking the form rece,p.s merely for the VII
nea own purposes he not being willing to
apything Ia form OF Indebtedness by the Lowell road
when IN fact Lo such debt existed the money being
paid IN advance
Mr. John B Parker callod-By request Of the counsel
Tor the governmtpt the winesn examined paper which
was produced: am present Treasurer OF the Eastern Rail-
road Company hs S occupied the position June
1870 nrst knew of The existence OF the check show
hin, on the "a July, 1ss5 whom IL came from the
herchanis' Bank had some con versstoa With Mr. Tue
herman In relation 10 IT,
Mr. Bolee objected to the statement Of the conycrsa
lion which had occurred between the witness and the
defendant on the ground that would DO shown BY
iesnmon" OF witnesses the. had taken placs under
premises enc ipducepsea which cG-.d not according TO
tne Iules d Ia~ well established cases, be admved
Nr h9iss said be should this by the governmslt
oWU witreese6. Among these Mr.. Hooper, ono OF
-e directors 9th and others He tnen read from
Gr,eO esf evidence chow bat confessions, IN order
10 be admitted s Testimony, mutt be voluntary.
Ny. Chosfe ssin he propozed shog Inducements
Of hope held the defendant NJ the Of the
excitement and at his suggestion.
Mr.. BeDjamAh T. Heed WAS oxiled--I was Treasurer OF
the Eastern Railroad from Inc time OF its Inauguration IN
1880 until 1916 bave also been director Of the road;
The evening OF the 2cth 25th OF June oaunot ssts
which, Mr.. 1ucxerman called at my house, In Lynn
late or O'Clock in the evening" alter sitting Tor nAf
vert win him towards the stable where ns horse Was
aopt remember -bat his exact words were but tue
suostanee be VAS In trouble an wanted my I'D vce
sssed HIM no o defaulfer; he said ne had sned
money ana could get II back In the time u be
wsoted tad he had better directors
chau breast OF IL can't sato tne exact words OF what
ssio TuekermRn, tho substance vas that would
be better iof hm TO make cean breast OF IT, that he
had berr make Tho true s,ase Of tho case know 10 the
droc,olg; would be Tor his interest TO 20 the drec
Tors ana make restitution for all he had done thai
wrong; meant by "clssn breast fan confession; IL
WAS said among the very hrst ihngs spoke 10 him; IL
ter o'clock in the evening; WAS In open air and
without my bat I elt very much distressed. do not
sbow whs, my manner might hsv, been Then arranged
TO meet Mr.. Hooper at my ON q, that ne mlh
his statement mere fuly tnan be had 10 20
iowB IN the carry Train nsu morning went 70 Mr. o.;
found him AZ breakfast stated conversation with Tack
ermAn, and said would my oaice, he would
undouot diy meet MIN there; vent from there 10 my Of
nee: In = short time Mr. Tuckerman came In: short
time amer, Mr.. Hooper came into nv oalce; both
shere. sad In my ohce that told William 90 como 70
my oioe AUd meet him and had told him (ruckerman)
SION OF wnai done Mr. Tuoxerm an raaigned his
position M treasurer that day; he stayed with the d.
say n"w much assistance he rendered he Committee but
be was there q week " two working and making expa.
nston there appointed outside the orec
Tors think Was appointed BY the stockholders; bat
may be mistaken respecting the appointment OF the
miliee Noshipe by me, and not my presence
the ,ehsnmsn Of ,bs oonmtsee .ss ,nr. Richardsoo,
(now deoessed1 never hesrd Mr. say 10 Me-. rrcEer-
man BIS confessions would do him scod; Mr. Richard
son and all the committee. believe, uere before the
Grand Jury; there we're several Of thsm thors.
usoss oxamined-f can't state Mr.. ruckcvman's Ian.
stance his wife came % company with him; Nr T. said
nothing 10 until his vile urged him she said think,
William, shy don. you tell Mr.. Rcsd What you came
for that was said walking from my house
70 the stable he made no reply but began 10 cry asked
him what was The matter; ne made some socn cxpros-
on n hare deceived you, and hsve imposed your
ksdasn;r asked him tsen II he Vas . defaolser; \
meant whether be he'd ms used appropriated the
company money; he said Ibclleve loaned money
could command at the time would be needed;
u; his vie sad that rhc could sleep ull had
not 70 commit vioisnce away; l instanoed
Rand and others and SAID he had bssser Say and
II; told him that he had better 70 The dIrco-
tors and mahc . clean breast Of Il Al this time
not . director IN the corporation; did admon'ah
him - would . friend snd 500; don't remember that
used any language 10 show would be 70 hs advantage
10 ducoee could rot act ytnins very definite the dst
evenir tm him, bus answer 70 The question whether
the sum was s5 Geo, he said vas more he hessafed
sbort giving the names Of the pcrsons 70 whon the
money had been loaned, ~ be said would prevent him
from getting the money back; he said he could not give
the ameuDi he named DR.. Morton, but begged 10
heep the name secret ~ h would prevent him rom get
ting the money said did not bow he could keep
secret high s2e, 900; In each before
reaching this when asked him, he said more;
had ny ears that The sum more but do not
collect that be said was tnan $4,000. advisca
him 10 meet Mr. Hooper, who was prominent director
In the road told him he had better 70 my Office
the pext morning n II O'Clock. and Mr. Hooper In
Bceon bc would be present; he said he had besn
Mr.. salisbury NJ Worcester.
To M Cosk-Tnere wM no sum NAMED aner the
advice the 3bt0o Of Rue wiliiana was. thinh, hrst
named next day In Bcsfon am quite nothing of the
hind vss ta.d after the advice
To Mr. oooicy-The ncxt morning aner ne converse
tion alluded 70 Mr. Tncker1an handed . paokAge m