New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-28
La W LNI,ELLIGENCE.
THE CASE OF JOHN THOMPSON.

THE CASE OF JOHN THOMPSON.
SUPERIOR COURT-SPEcIAL TEKa-Aus. ?T.-Befors judge
The Metropolitan Bank at. John rhonp.on.
The following is the affidavit upon which Mr. JOAN
Th,mpeon arrested yesterday and Is still IN
custody:
AFFIDAVIT OF TIRE yiCE-PREsIDENT OF THE METRO
PoLITAS BANK.
city and Comfy OF Ner. York, ss.-Henry l.
siSy, banned .nti that th. action brought ss.n.
dssnGsnt to TeceSsr fse possession properly sa'
the circulating oes of the Chemung County Bank In tho Stat
of New York Of the sssresste amount Of $40 the ccusn
1.-THE circulating note. q the Bank Of Kent in
said state rho s'csD ssns % IN IN. s S
Connecticut OF the aggregate smonnt Of *i*o the whole o.
That the psnt. are banking created under the
law Il the State OF NewYoIk doing business in the City
recent Of circulating notes bills Of banks
Of the City Of NewYork witch notes are not current in
said cty that the defendant the redeemns agent q the
said taLk above named viz The Chenpn County Bank the
edetng has been in the habit Of taking from the plain
lids the notes OF the above named banks he'd oy them
small discount that the morning of the 25sh day Of August
io the plaintiffs possessed aud the of the crca-
la The sad bsus respectively to the amounts here,
Is 5o; that such bulls notes in separate packages
tho. Of ch bark being together in one large aud e
of the packages containing upon L. strap the smoens
nd checks by the paDns tina, about 81 o'clock In the
o,rs such last mcIourd day, the defendant by his clerk
The etrs notes or bills OF the said banks. aud thereupon
plaintiffs delivered 10 the defendants said clerk OF agent the
said bills notes Of the four said banks to the smcan herrn
above particularly specified and received from him IN exchange
eIe 6 s s Ysr op fc .vm Of
bcins The assr sai bills deductins theetfomsn
TS shortly ap,r tie Of banking hour. ia
said ey the said htt presented BY the penth TO the
aid Bank upon which was avn and payment thereof was
That at The time said wa. given the deenLsn, had
not nor he spy he'd coy funds whatever in tbs
said American EHehanee Benk which fact was sn known 70
i. m.o,en he inolvent when the said check
given dPonet verify believes that tho .aa dsnSAni LA
overown hs account upon the Bank Of the Republic IN ssd
lily The sein9o Of The 2h day Of Aas% Instant It,, as I ss
bills or notes were obtained the plaintiffs by the de-
upon the said worthless cheek with the preconceived Ia
sdys aud believe. by fraudulent Of the do
fcndout the delerosnt acquired no title to property In aid
Dcp"nsnt further ,sih that Immediately upon refusal Of te
payment Of check the rendered and offered 70
,mpsu hy tho President of the PLAINTIFF and also BY
deporer aud 1t aid hills notes OF sed bans. were de-
utn wholly Tefu'c TO deliver mp the said note, o, bulls OF
the Issuing Of the simmons this action the plaintiffs
to. ono made end delivered to the sheriff Of the City aud
Com NewYors the saaayt and gave The security re-
he .s ' rdm gr ndst and dver them The plaintiffs
ing sppe The dfent.n therefor that the defendant stated
b. bad esposed OF the that dePonen infosmed
end hc the d Sheriff has tiled such requisiton With the
Clrk Of his Court with ss rar1 ind9.d thereon In sub
ard copy Of The untS DER eGs tito lad a
y 5 eonSsGi and Of he could
is6 that from the ,s 'aS' s., s.a . cir
property Ia. beer disposed BY The
shrria and With the nten, should not s.
S .'S aS aa wit" the intent e n ff L. a: SsaGn
this ne SaR liz 4 A IN S JSS:: Superior Court
Before Judge DUER.
TIE Metropolitan Bank ast John ThomP,on.
Al noon to-day the hearing upon the order 70 snow
canse why Mr.. Thompson should not be discharged
from In this suit, Mr.. More, VINO,
With Mr. Van Week, appeared for the defendant re-
marked that his client had been arrested under section
the affidavit published above, on which the order q
arrest was granted He then read the following ali
cavi,s on behalf of the defendant:
MR.. THOMPsoS's AFFIDAVIT.
John Thompson, being sworn says-That he IL IN
der arrest pursuant to an order of arrest granted In
this cause yesterday, by hi. Honor Judge Hoffman,
under subdivision Sd OF section iI9 OF the ooae.
Deponent further says, that he was forced 10 SUE
rend Dsyment Yesterday about II O'Clock, unexpect
eay, in consequence Of banks dishonorpg Opponents
checks occasiODed deponent beieves by the alarm
created in the street by the failure OF the Ohio Lifs
and Trust Co. and other causes, which suspension
was wholly unexpected 70 deponeDt that when the
check was given TO p'ain'h, mentioned 10 the moving
OF afliday and the bank bills received IN exchange
poLe nj Jd expect 10 suspend or think OF 80 DO
ing apI had doubt the check would be paid, "a de-
pCnent has been in The hsbit Of overdrawing his
account at the American Exchange BANK, ahd
n other banks temporarily, and frequently To large
amounts that 3eponent was very largely In uncurrent
ynorcy business. taking care Of the circulation Of
country banks and other business, az BANKER ana
broker; that up @ the time OF his suspension, ms
credit was good and unimpared in the street, AID ths
transact on in Iue siiOn usual and common one;
that the reason tho money not returned 10 PLAIN
f wa depon. NJ. inability a. do so as stated 10 Inc
sIucxeG sfhdavit Of Edgar W. Morse; aud deppnent
,sy- that such ~, concealed removed OF disposeo
of BY hm or bis C.fiks Dlih iBeL, that The same
souil he not ou;d r,sl;en by the Sheriff, or WIN IN:
ept 10 deprive me plaintiff e the beDsfi thereof bu'
the seme immediately "n receipt wa. of1ssn mUs'
IT, pgckSgc. mixed with he! MONEY o. me ssno
nd .,her kinds aDd d.nVulo atoms, ana d IIsS
mo III, Of il was paid out before d'p2nsm ;n.
!. the rsusl course Ofhs buness, ana ~ " u'ser n
o,sjbc for cry one iieLtify il or tell now
sny. Of remains in lie po-seseoh A..
az, he bs. ,p,de 10 a.-i unepi and Do handuie"'
tosion OF his prIeny or My pan Z" J. - THOMPSON.
S"''' ' g. T. HAWs. Commissioner Oh Dseo<'
,rvrDAyIr OF EDGAR w. hohsE.
~ ~ No,.s bepg sworn, Gays he Is Teller Of
The money Ss J0ss haG% Ss me
odnt The; be n ' Sni III IL iehdsH By Nsssa
cd .9d ,n IT ss G 81. . isaSa:Ss e
%sn Of Is;Irdsy ; ,S when tAs psSss:ss
S E: s:aa: sSS:s ~
& nd ohe inls and aud other sion
s :S' . e. s ss on on a:%s i ssa s
y.ned o. MS suspension IN the usual course Of bic
wa. impossible for any 20 Identity The money eusinuSon
bard or 81, how much remained; that although defesd.s
rsrion yesterday moIllns he d LOT tSe .nouDs
the particulars, and srection: sad I'd nSt e ~
Deponen further say. that usual and cu:sos, e tie
s ssfo Sss s.S SS''''% account zoe NOISE
SWIM ''''' O. T. Hws Commissioners Of Dsod1.
AFFIDAVIT OF cHARLSs xE6ARt.
Charles MsgsIy being Saiy ss 10 e: sssass .s
r. sS spas ord sss,t; e h ;s
Jared tss cdecS given 20 Pi,instd snd G'sN