New-York daily tribune., 1858-03-04
THE ALLEGED FRAUD n TIs CONTROL
nEkIN,

Tie .sys-i.sa.icp a tbs case 8, J. n. Ssi,t. t~
o., = 4 iraJds IN toe COEtro.iers CAce. sss ass's
tai % ~ Yesterday before Recorder EAepaIt u US
u-iyste cHfce, EX-Irdge Whiting reprc>-ntng tss
peorle ec3 John Grsaam. e-i.. sppsArsss tor Uhs
sccuset.
~, i,s: witoees calico to-day by the prosecSAn wss
Chst,s Dew =, u. Beng sworn, he snc ihSeS
psticrsr occups;cn; sm engaged 10 20 oasscss:
know John F,.zps,rick: have known BIN a. kog ss
can ,cool,ct snyb0dy; be is rot rotation OF nns,
au tie ecn of Mr. Chsres Devlin; an n ycs<s
ase; / rave seen Mr.. Fitzpatuck write and kno~ ,.
bauo owriliog: 70 not think TIE sigrature on the u@
Of the check is ths. Of John Ftspstrck; the chsf~
dated November II, 1857; I think il Is my fAthess
hand wIi,rgi never had the cheek IN my possess:~
that hpov q; have made many deposits IN tns
BfOscway Bank for my father; II the check IN qcSs-
tiCu wss deI os,ted in the Bark got IL from nv
father; dent think had the cheek IN ny han6r
before ncw; John Branuigsn has been in tbs habit a
maAipg deposits IN the broadway lank Pstrfck Dew
'u made cue deposit there; Know OF no authority my
father had for writing John FitzpatTieks name
OF the check.
.yotn A. Stewart wa the next witness swora, 10
ssd--l m the Receiver of the Bovery Rank, I Iwas
srpor .ed between the Sd and 5th 0. Ncysmbes NE;
al The time wss appointed Receiver, I eUnnct ~
whether the hank he'd the assgnr ent Of the ooutr<
for paving Forty ninth stree, froaa tbs SStA TO -
Eighth aveuue, ] have no pspers for the essco-
mtu. Of any euch contract 10 Fitzpatrick or anyesty
ei~e; have found in the bank menorondum -
book showing special loans; have ekAu,sned sbss
book; Mr.. Csdy sent me aoote requesting me 70 oonS
row.
examined by Mr.. Graham Csdy visited
bs IN November last to examine the RECORDS; ~
wes iout the middle Of November or perhaps near
tee fIst ct December; he came in company with Mr..
Wbhrg; Mr.. Waiting and Mr.. Cady looked over the
discount beck; Mr. Whiting did not discose motive
for hisvnit they were not there while was prcss.
ever fifteen minutes; Mr. Devlin's name was mea-
toned; Judge Whiting informed me that he wished
to as.ersin how many Of Fernando Woods notes had
been discounted by the bank for Chss. Devlinl hs.
Whiting called upon me IN Wall street and told mo
he wished 10 investigate the books relative ~ thses
facts declined Ie'mttng il, becsuse neither he rcr
Sir. Cedy stockholders Of the bank; being after
ward applied to by Mr. Bartrsm ana Mr.. Realy beth
stoCkr Oders, to give them permission, conseosed.
the design in making this search WA not etased.
nothing was ssid about Judicial proceeding to the
beet Of my recolection nothing said about sss-
picon respecting Wood OF Devlin IN any way
to impieate either TO the best OF my reese-
lection no other object was disclosed by Mr..
Cady or Mr. Whiting for their visit to the bsak
tlan What have stated; the whole four thessrs.
Whiting, Cady, Bartrsm and HealyD were present y %
,her the bank the fact that any one q tho sook-
hoGets desired TO have the books examined We
enough to satisfy the witness 10 permit the examna-
ticn; nothing said about any ether frauds Coz
nected with the city another name was msnt,0nea
beside toee of De, lin and Wood; il was that OF j. b.
Smith; Mr.. Devlin's name wasconnected WITH Anis1fs
in the conversation; TO the beet OF my recolectoa,
nothing wss said about the improptiety OF wooTs
Iuier being discounted in that bark Devhns came
was not mentioned in connection with any ofsmins
suspicion Reither wss Mr.. smiths Only stood by
the side of the gentlemen during the xsihiasa,oni
Mr. Bartram aao stood By their side; did net hser
either OF them dspsrage Mr.. Deylin or mr. Woo,
Mr.. Csy WA at the bank only at this particular hns
when have been present.
1Mr GI sham here closing his crossexainnAsios, me-
Whiting iiered to by propoundng TO ths VT
ness tie following question: Was there q nots ols-
counted at your bank for Mr.. Wood which either Mr.
Wood or Ar. Devlin paid Objected to By hT.
Graham and the objection sustained.
Nv ssneuent OF both counsel, the further hearing
Of tits cnse was now adjourned till to-day, IL O'clock.
before the Recorder in his office in Cssrnbers street.
ON condition Mr. Graf am can be pse.ont II hs sha4
be detained by other business, il will be sti1 tsTthss
po-tp,ied.