The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-11-22

The C0schestcr Bank Case-TrfaI Of WAR
rom Ls and-fats Honorable Ac4utstal.

the Coschestcr Bank Case-Trfal Of WAR
ron Lac and-Eats Honorable Acautstal.
SPECIAL DESPATCH TO THE NEW YORK HERALD.
CoLmnrxR, Conn, Nov. q, 1859.
The examination Of Mr.. Warren Leland, or your city,
on charges Of passing false tokens to and deaudng the
Colchester Bank of here this afternoon, before as
ce Morgan and resulted In the acqutta Of the accused
Mr.. Leland was in attendance, accompanied by his
brother and his counsel Messrs Wells and Strong, Of
Hartford. The prosecution only represented by Mr..
Halsey Of Norwich.
Court opened In tho Town Hall basement by Justice
Morgan at about hallpsst O'Clock r. NJ Some TWEEN
~ thirty persons present. mostly parties interest
In the sufferers by the Colchester Bank failure
Mr.. Dewcl tho late President Of the Bank, Of TIN
party
Justice Morgan laid tho papers Of the case on tho table,
around which counsel had gathered and announced tina.
no was ready for business.
Mr. Halsey then rose and said--May please your
Honor appear here today merely TO explain the situa
uon in which the prosecution is placed. 1t had
been the intention Of my associates Mr.. sarkweaiher
and Mr. waite to appear here with me- but the former
has been detained by case he has in tho Supreme
Court, and the latter by indisposion. Yet we under
stood that IL was not necessary for come here
anticipation Of any trial Of this cause Our main reliance
was upon the testimony Of Mr.. Samuel +. JONES' the
principal witness, your honor win remember, in tho
former trial before Justice Lamb and know that Mr.
Jones could II he chose, decln6o appear q witness
and there would be an end Of the matter. Mr..
Jones has chosen to talp that course. He
was In Norwich on Sunday last, and was then
summoned to appear here to-day, and he
sigaied To us distinctly that he would probably be
here The case therefore stands before the court with
out any evidence which could go forward or claim
to hold Mr. Leland for trial. The matter is therefore 10
the hands Of the Court, either for a neL PROS by the
Grand Jury, or dismissal by the Court
Judge Wells, counsel for Mr.. Leland, saids--We have
choice TO the mode in which the case is disposed Of
We think Mr. Jones' a sensible man has come 10 the
right conclusion and everybody will think so that heard
his testimony the former trial He has taken pru
dent course at last II is only unfortunate that he ever
pursued any other. 1t is not material the manner
in which the matter shall be disposed Of But Ito Mr.
Halsey) how about that third counts
Mr. Halsey, Qaushing)-Oh! that new count; have
not troubled myself much about it.
Justice MorganI do see then but the case sended
Judge wels-And your honor will enter on the record
an order that the is dismissed adj the bail dis
charged in both casesS
Justice MorganlI will take that course.
Judge wells-And there is nothing before your Honor
against Mr.. Leand2
Justice Morgan-I don't see that there is.
Mr. Leland and his friends then left the court and after
good dinner at the Keeney House returned Hartford
Mr. Ielands counsel prepared to prove by the ai
davit of Mr. Stephen B. Cushing, Of the firm of sckles
Gushing Of New York, and other evidence, that Samuel
f. Jones paid into the of Jones Wilcox between
May 2s 1885, and Sept. &c. 1857 in cash, the handsome
sum Of 1877 ,sl3 1S This during the time the Col
chester Bank was In operation, and will be remembered
that the former trial Mr.. Jones testified that no had
himself only six thousand dollars capital to
put into that concern These payments were made rs
shown by Jones and Wllcox's books in every month
during the period named from two to half dozen install
ments per month, and in sums ranging from $500 to
80, 500 at tme II is said that it was fear Of this dis
closure and perhaps of others serious in their
ture and also dread Of facing the indignation OF his for
mer personal and political friends who think he has
wronged and betrayed them, that induced Mr. Jones to
absent himself to-day