The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-27
THE FULTON BANK FRAUDS.

is certainly spreading and powerful movement.
THE FULTON BANK FRAUDS.
-o~~~-~>>->>~-~~-.>--
Motion for = New Trial Denied--Thc Sem
tence ON Lane-Mortimer Shay SEM
fenced to be Hanged FOR the Murder of
Leary.
COURT OF OYER AND TERMfNKR.
Before Hon Judge Ingrahsm.
Fen 2s.-7he People W. J. Lane, Jy--The Judge dc
MED the motion for new trial. The following are his
reasons for 30 deciding
AS it is proper that the motion for new trial should
be disposed OF before the adjournment Of the Court
not able to do anything more in expressing my opinion
thereon at this time than TO state the conclusions adopted
by ne on the points that have been presented.
l. The banks formed under tho Banking act of 1888 are
monoyed corporations within the provisions Of toe Revised
Statutes Talmsge vs. Pell Sd Comstock $685. Curtis vs..
me Provisions SsT oS,k 81 fs lns sections
and 80 do not apply to such institutions because other
provisions are made calling for annual statement e
different remedy and those provisions the Revised
tues would be inconsistent herewith and are far
peaed by zee. 23l, p. 500.
g. Where the indictment AYERS an intent to defraud
bank then necessary to prove that such bank has
legal existence and such existence is shown by proving
the articles OF association be shown by paro
and that the bank has actod such people va Pea,
body, 20 TeDd,, Ala; People Va Chadwick, Par
enough TO chow that the bank has such an OK.
istenoe that may be injured Peop!o VS.. DENIM Pax
ker, 4ts, idem.)
H. nthe proof Of the articles Of association furnish
ed BY the prosecution, should appear that there
any radical defect, that there could be ncorpora
ton under them provided by the statute the prisoner
would be entitled 10 avail himself OF the objection upon
the trial
G. But such objection be made available after
verdict general exception TO the admission OF evil
cerce, If the objection might have been obva.ed upon the
Eial
The errors complained in the articles OF association
a. Twill rene void nd of M
effect The residence, number of shares and person
taking are all named Whether such person be trustee
executor he takes the legal titles TO stock and has the
right to dispose Of IT, and by 277 p $751; he per-
sonaly responsible. The reference previously
place by mark or word which in common under
stood TO repetition Of the word immediately above,
would not in any way vitiate the articles palmer vs.
s. Tho fact Of authority on the part of those who
signed by attorney is to be presumed from the execution
OF the articles and is also proved before the officer
taking proof of the same, and not necessary to the
validity OF the articles that such powers should be
proven.
g. am also Of the opinion that where the authorities
Of the State have received articles Of association from
under the Gener Banking act. and given the
certificate and issued circulating notes. for which the State
has received security and where the association have for
followed the business OF banking under such articles
Of asscca'op that they have sach existence that they
might be exposed 70 loss from frauds practsed upon them
ana that the defects relied upon by the prisoner furnish
DO deferce to this prosecution Judge Bronson says
has ons 70 %h
pany should be dissolved So long the State does not
interfere the company may sue do any other lawful
the body existence McFarIan VS. the Triton Insu
rance Company DEMO, 392 Motion denied. /.
Mr. Sedgwick, Assistant District Attorney, moved the
sentence of the Court on W. J. Lane, Jr.
The prisoner, being asked by the Clerk if be had
learned a trade, replied, I" No, sir''
Cerk-What have you now to say why the sentence of
the law should not be pronounced upon your
Prsoner-No.bipg, Fir.
M uot fheur nj odas s>
Of tho prisoner, giving whole history how he was
ured on TO crime. He said
If the Court please, in compliance with request which
was made to by the accused Ia the event OF Honor
deciding the application for new trial in the manner in
which have dene desire TO make statement the
Court TO some matters which might properly have been
introduced in evidence referred to on the trial. with
ference 10 his position towards the institution through
whose this prosecution been brought into being
We might in this have turned aside from the law OF
the and have brought with effect facts to the
consideration Of the jury which am now about to ad.
dress TO the Court But, thinking that had enough in
the law o. The case IN the strong ground h.. whatever
had nfraced NO principle Of criminal law, refrained
from urging any OF these considerations before the jury
The history Of this case SIMPLY as shall narrae
IT, The accused was led into the commission of his first
fence two years ago, through temptations by which any
placed in his position could resist and to which viii not
further refer After having taken the first false STEP the
defendant sought by every means 10 bis power to
from the bank. do not know but that your Honor is
aware Of the public rumor which circulation the
time OF bis arrest, that the vast sums which he
charged with having embezzed were spent in riot aud
dissipation This the prisoner denies and am assured
day. to the extent of $500 or $500 in he deSs hoDe
that fortune might bring back TO him sufficient 10
cover up his offences was thus, and under these i'm
pulses that he disspated these means, instead Of in
duging in series of designations, charged by the
public press When farther conceamcnt became mpos-
aged father Of this prisoner now near eighty years of
age who had served that institution thrysx years with
great fidelity and assduity and who had built up
who had been its faithful servant-cams forward and
stripped himself Of everything he had in the world for the
purpose Of satisfying defacaons OF his SON. He even
went further and asked the mother this prisoner to re-
lease their homestead house and lot in this city, settled
on her years ago through the proceeds Of his industry
During the times when the prisoner in tho directors
room, after his first arres-as testified to by Mr. Mona
han--he made up schedule embracing everything he
had In the world every effect be had any control over
in the hands OF third parties and every restitution
II was possible for him TO make made by him to
this institution Il Is in this position that he places him
self before this Court, and If there be any mitigating Cir
cumsances connected with these declarations il may be
proper that he should avail himself OF them here The
Court may not know the fact that the prisoner mar
ried man. But the Court presume, does know the fact
as well as most Of the community that his father has
high and unolemished reputation built up BY honesty,
one must be aware, who knows the feelings Of the
human heart what must be the anguish the
grief and the scAhing Of that old man, when he
reflects that perhapa when he sha totter into the grave
the brink Of which he now stands his son win be the
another and higher relation, Of which shall say no
thing there Ii something holy 50 sacred in IL that
those instincts Of the human heart which The bare thnu
Of will call into being Should the extreme severity OF
The law be exercised Il probable that when the accused
shall come from the fulhment Of his gnomnious sentence
and shall look for the parent who bore him. he win fnd
nothing to indicate that she existed save the sod Of
the grave the verge Of which she and her venerable
partner are now standing la view OF the facts which
have statedAnd do not wish advert harshly 70 this
instsutiOn-n view q the agony Of mind tina. this deen
n = IF