The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-18
THE UNION BANK DEFsLCAJiOy.
Preliminary minatton Of Jacob III. MOtt-
one OF tho Accused Evidence OF EdxvHri III
Arthur and Aug ustus NJ. Smith.

Arthur and Aug ustus NJ. Smith.
The preliminary examination og Jacob H. Mott, who Is
charged with beng implicated in the alleged defacsticn
OF Benjamin K. RIctherson, bookkesper IN the Union
Bank, was commsnced yesterday afternoon before Re
corder Barnard, At his chambers.
Counsel for the accused inerpcsed objection TO tho
examinston He said that the warrant did not alege
sufficient TO hold M Mott, nasmuch did not state
any specific offence still he withdrew the objection at this
stage Of tho proceedings.
The ErooRpER said !ha. not necessary specify
the particular offence and deemed the language Of the
complaint sufficiently explicit
Edward II. Arthur, sworn, deposed "a folows-1 know
the defendant Jacob Mots, and have known him Is
20 years; know Benjamin X. Brosherson, and have
known him 20 years and upwards; Mr.. Brotherson
booskeeper previous 10 the comm aion Of the alleged
offence in the Union Bank New York.
Q. there any deficiency with Mr.. Brotherson in his
account with the bank? A. There appears to be.
Q 10 what au,ount9 A. Between lal and l42 thousand
O. Did that deficiency take place with the eonssns of
any Of the Bank Drectors2 A. No. not WITH their con-
O. Did Mr.. Mott keep an account there9 A. Yes, sir.
How long had he Kept an account thefes A. He kept
we're signed by g. Mots, for H. Aoss the account
kspt IRON lslS 70 1893
D. what, any, deficiency existed in the account of c.
g. Mott in rothersons ledger, between lsis and 1882
A. was Ss7 ,2b4 30; in October, 1885, Jacob H. Mott
opened an from tsat M time IN, up to March there a
want the amount OF false entries made each year in
the account Of MOI. by stoherson for the las year and
O. We're entries made in the account NJ Jacob II. Mot
by Broberson for larger sums than he had deposedf
@ How were those entries msde9 A. By false credits
in the ledger.
O. How often did Jacob H. Mott make deposits thcreS
O. At the time Of each deposit were larger credits
given him than be actually deposited? A. lcannot tell
O. Who made these deposits2 A. cannot say.
How the drawn during last
and halt A. By the checks of H. Mott
O Can you tell the lie has drawn during the
last year and haff A. cannot tell without examining
the ledger
Q Has he any m oney now the bank standing 70 his
O. Were Mott Broherson acquainted with each obers
a. Yes, sir.
O. The business Of Broherson Was 10 keep the edgcrf
Yes, sir.
O. who received Mosts deposits for the last year and
halfa A. The second teller; his name is Peter X Ks-
@ Have you seen Mott's bank book recentlyR A. No,
O. 10 you know whether the entries made in Motifs
bank book the those posted in the ledgerf A.
O You have read over the anidavt made by you this
O. Are the fscs stated therein by you trueS l. Yes,
Cross examined by Charles Gacken counsel for de-
fendant the facts to by you in your
afhdavp A. stated that Mott Was In coluson wth iro
therson so examined the account the OF
false entries WAS s45 600, but believe It . great
deal more; mean the fsse entries In the ledger o our
bank
O Did you ever exsmius tue ledger Of the Union BsukS
A. Partially; csnnot say the last time examined IT, but
was the Sth or March and this day the ledger
was In the bank when No examined H.
O. How long did you examine at that timer A. sup
O Who was presen, a, the timer A. One Of our book.
keepers Mr.. Bogart
q DID you make any memoranda in writing At tina.
O when aid you examine IL previous to the sth of
MArchY A. did not examine previous 70 that time in
NJ hstffa hauA <tlxn1 1l
examining any mans account previous 10 the sth Of
March; Il Ia ths cashiers business 70 do that.
You that the deficiency In Brothersous account
did nos take place With knowledge Of any
Of the directors bov DO you know tha1 A. Because
nyss sn sn.s has. saia and III that Know il derived
from Information the clerks OF the bank
hsTson hsS pecn 90 yes these
into the accounts were made by my directions and after
such examinations the deficiencies have stated appeared
To the counsel for the dcfendSn- pSyiog teller
before cashier ed being paying teller on the
Goth Of july 1880 commenced my duties cashier
ut that time The result Of toe examinations made by
my order has been derived from others.
O. How did you know that Mott has money standing
in The bankf A. knew Il from personal examination or
O. when did Brotberscu cease 10 keep that lsdger'
A. On Monday, the sth March.
@ Where s Mr. Brotberson2 A. do no, know.
O He has abscopded, has he notf A. Yes, str.
o We're not you apd Broshersos very intma,e' A. No,
except 10 associate with him In the bank
O. Have You not taten with him7 A. No, sir.
Q. Did you not est with him at the bankY A. No, sir.
oankf A. No, sir; but have drank champagne with him
at the election Of bank officers.
WIN yoa positively say TINT You have not drank with
him for the last three montbs9 A. Yes cir.
y VIII you say within tho last six monthsY A. yes,
O. You know that as well a. any other fscr A. Ycs,
Who were Prsseu. at tss. election on The i. xrchS
there; he vent up stairs by my invitation.
Wtnees--Do you want 10 know whyf
oounseI--No, cir, have enough Of your speculA4ioos
O Were there any other invited guest. tbcres A. Yes
sir; Thomas Brown and Mr. Roberts; ! dcut know
who invited him Mr. srosn resides in New York, an
q broker and very old bank man.
O. You seemed anxious TO tell a moment ago why
you took Not NJ stairs-you csn Dow have An opportu
nny W do sof A. He (Mot came In 70 give me nforrns
ton In regard house John street be did So after
winch asked him 70 psItake OF Refreshments.
@ How long h.a Brotherson kept the ledger A. He
q How many books did you examine aner the 9Th Of
MArcbY A. looked into the credit cash book and ledger
Al the tme 70 the entries correspondent do
not reeolleet that looked INTO any other books tha,
ledger was opened for the FIRST time the Lat Of last
BY The Reoorder-Do the bank officers examine the
different accounts during The year, A. Yes, sir; mean
that the cashier looks after the balance shecs-
y Where are they taken fromS A. From the individual
ledsers.
q Was THIS sccoup, Of Brc,oer,on's ensminedf A. 1t
was con- pared with the cthers; 10 all the
items, but compare the general amount; Mos account
presume, was also examined; have no recollection Of
heus account on the balance sheet
y when this credit cash book of which you spoke
openedf A. cannot say positively.
Q. How ofssn are the balance sheets made ouv A.
Quarterly.
O. when your last sheet made out' A. me LIST OF
January the next balance shect will show the current
account Up W April, but the January sheet 10
peed Jet the balance sheet OF The 1st of October sup
pose showed every thing up 10 that time
q What balance sheet the Last ths com.
peied psevtous 70 ocebcrf A. The shes, u the II, Of
July appeared 70 sgree wnh the entries IN tho ledger
which " test ~ correctness.
Nr. Arthur then signed hts depceh,on.
Counsel for the accused hoped the future that the
evidence OF the various witnesses should not be cursory
statements, but such testimony would be admissible
10 a criminal court.
Augustus NJ srnfh was the next witness who testnei
folows-1 live NJ 2l6 Fifteenth street; am paying
teller q the Unicn Bank and have acted IN that capacity
nearly three years know BENJAMIN X. Brotherson and
Jacob H. Nott up the 9th OF March last he was book
keeper tho Unen n1k and had charge OF The ledger
from "Gn 10 "M he transcribed the accouuts from the
cAsh book " The ledger Jacob " Mott kcrt An account
al the Union Bank he CON rsenoed doing in bi,