New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-29


The case of Tuckerman, now on trial at Boston,
is one of class to which great public interest at
taches; and class of cares, too, which unfortu-
natey has of late years become quite numerous on
both sides of the Atlantic. This Tuckerman had,
several years ago. through the interest of respeca.
BILE and influential friends and connections, aud
character he had established during his mercantile
apprenticeship for energy and ability, obtained
shortly after he came Of age the responsible and
confidential position Of Treasurer of the Eastern
Railroad. To judge from the annual reports OF the
Directors, Tuckerman was model Treasurer, one
upon whose fnancierins abilities-the Company
having occasion to raise good deal of money
the stockholders had every reason to congratulate
themselves. The fact was, however, that from the
moment almost of his entering into office
be had commenced system of depreda-
tons upon the Company BY appropriasing
money borrowed on its notes to his own use,
part of il to a somewhat extravagant style of iv-
ing and part Of il to speculations Of visionary
and unsuccessful sort. To this he had added other
entertainments, the whole of which, running on
and srtuly covered for several years, had before
be was detected, reached the heavy sum of
sl75, 900 or more, for which he was able to show
in possession but very limited amount ofproperty.
Such property as he had, including one house IN
town and another which he had built for himself in
the country, he assigned over to the Company, to
which also he gave bis services in helping them to
unravel, as he alone was able, the extent and pre-
else nature of the appropriations which ne had
made of the Company's money, to his own use
Having thus obtained from Tuckerman all the re-
paration-such as it was-which it was in bis
power to give, the Directors Of the Company appear
to have taken no step toward q criminal prosecu'
ton. Perhaps they might have considered that
bis assignment of his property for the Company
benefit, and the disclosures he had made, and the
se,vices he had rendered in ascertaining the exact
state of the Company's affairs, had created claim
on bis part to certain degree of leniency. Their
emission to prosecute might have originated partly,
perhaps, out of consideration to his former social
position and family onnections-consideratio
which have greater weight in this country than
anywhere else. But the principal consideration
which determined their conduct, no doubt, was the
idea that in case Of prosecution, nothing, a. ne
law Of Massachusetts, stood at that time-could be
mace out going beyond mere breach of trust, for
which their defaulting Treasurer could not b held
crimina[y responsible.
Some of the stockholders, however, smarting
under their Losses, took the matter in hand and
caused indictments to be found The Indictment
now On trial charges Tuckerman with having re-
G.
Railroad Company, money due to the Eastern Rail-
road, and with having felonousy converted it to
his own use. The prosecution agree tina! il Tuck
ermsn had originally taken this money for the use
Of the Eastern Railroad Company, had placed it
with that Companys funds, and had afterward
drawn it out and appropriated it to his own use
that would not be larceny, but breach of trust.
II is insisted, however, and the prosecution under
take to show in this case, that at the time Tucker
man received this money he was already in a sus-
pected and precarious position, and that he took
this money, intending when he took it to use it in
efecting his escape. He afterward altered his
mind, concluded not to run away, and restored to
the Company considerable portion Of this FIVE
thousand dollars; but that, it is contended, does
not purge away the originally felonious intent with
which it was taken.
As the main question Of larceny or not is thus
made to turn upon pretty subtle distinction, so in
the progress of the trial numerous other nice points
of law seem likely to arise. Theprincipal evidence
to be used against Tuckermsn is his own state
ments as to his entertainments and defalcstions,
made in his communications to the Directors of
the Company and others. An attempt has been
made to exclude those confessions a. having been
made under circumstances of apprehension in
timidation and prospect Of advantage held out if
be would confess, sufficient to invslidate them as
testimony. But nothing Of this appearing as to
any Of the statements Of Tuckerman thus Tar