The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-20
The Fulton Bank oealcation-CoAvIs
tiOn OF the Accused.
COURT OF OYER AND TERMNEK.
Before Hon Judge InsrAham.

befoSe lion Judeo ln6rAnAm
FOURTH DAY.
Fp ls-The People w. William J. Lane, Jr.-The
densey crowded this morning, tho interest In
the result Of the trial manifesty increasing.
| Mr. James Brady In opening the case for the do
fence said tina, these proceedings had arrived ct the
fourth day, and the first time that tho unfortunate
accused bad chance to his before the jury who
we're nov to hear counsel both sdes and then take
the matter Into their consideration, under the charge
| from the Judge Although the defen liant had been
charged with various offences he (Mr would under
take TO prove TO the jury that legal offence had
committed against the law, and that prosecution was
without even = shadow Of warranty Of tho law. Tho
defendant wis native of tue city OF New York. aui
about thirty years OF ago. He had been clerk in tho
Fulton Bank from 1855 to 1852 He was appointed
at the request Of his father, who had occupied the
position Of cashier for q great number of years. The
defendant for the 1rst time in his life arraigned
] before the formidable body-a Board OF Directors
IN September last charged with the commission Of grave
crmes He (Mr. would repeat that all this prosecu
ton was without shadow OF justification In Law. The
constitution gives every the right q public trial
We not IN this land, hBe that missoyorned country
Great Britain before the Magma Charter granted sb
10 be taken b. minister, OF law but OF vengeance
anu cast INTO dungeon subject the fortunes OF the
or the Wheel in ofocr 10 them coafess 10 crimes
which they mi. be Mr Brady then
u the number OF Indictments iound against the
there being less tnan thirty for together
with charge Of eubezze NJ and sixteen charges Of
false pretencss, making a ats SIX ges-any VI
which would have been sufficient aud for which, If con
vcteo he would be subject to ye IN the State prison
In The whole course OF his study OF criminal
be never met With sim ar instance; he once had
| pofanon cheni against whom twenty seven different
charges had been made, but he only inliced
| upon one ana the remainder were thrown into the
| District Attorneys cflice-the receptacle OF musly
documents There is here an array Of legal geaie
! men, less tnRn assisting tho prosecution
against tnis defendant After further com menls
Mr. Bsoy continued 70 contend tina, this indictment
hot De SUSTAINED mere was hot !rald Povet that tdere
was mol particle or evidence show that Lane had
ever touched penny belonging TO the bsnS, that the
proceeds OF the s6lo rs reached the hAns
o the deeucant any money nad been received by
defendant II On his iahers cheek, II any oas
has been deranoed It is Mr.. Lane seUor, and the
Fulton Bank With regard ~ the confession exactei
The defendant before that formidable body Of bank III
feet5s he related Jury which Is recorded Oh
the books where two brothers an convicted
IA Vermont for the murder OF uuknoN man they
pressed Confession their guilt aud hoplog
that confession would a OF taeir
sentence iney sal down anu actually confession ol
guht But IN tho providence OF GOO, before tue time
ported Tor Their 9aompious DEATH man III tue State oil
New Jersey picked MP scrap Of newspaper, IN which
there description o the murdered man; saa
lecDg hst he hAd within few days seen ecceutric
Individual answering toe description OF the supposed
ceased he sough, him cut aud conveyed hm place
I OF the intended execution. Tie was Immediately i1ent
neo and the two brothers were Of esure released Then
rs 10 the manifestation OF guilt III the OF person
charged with crime, he would relate to Them
dote When he (Mr went 10 Draoge county q defend
Baker for the murder OF Poole Judge Peabody proceeded
there from this city 10 Try The he the Jldgs)
met and escoree up the bill by The Sheriff. followed by
large coDcousc Of people no the learned Jadgs
tor the {Loud augaer) Mr.. Bfaiy CONCLUDED
q poRerIul appear behalf the accused, aud coz.
cluded by submitting the following points the Court
First In this Case the jury not legal. presume the
intent to defraud society from tue sege4 false catry
they believe IL 10 be isse Second The
cefraud proved 10 Satisfaction Of Jury.
Third 1t must be proved as LAID In the Indictment, viz
intent 10 GeIraud the baog. Fourth. The autPy
legea 10 be false IS not which, Ia la~ sai
meaning of the statute created, discharged, dimnished
t.rrn I'M
gation, claim credit, ca it purport to either
| Filth If The question De left 70 ihe jury 70 SAY
! nlelaH the entry ela or Old not create, dis.
! Affect any Pecuniary obligation, claim or credit, or
whether any purported be 30 affected oy such sty,
sonsble doubt 10 order to convict sixth The jury be
eve that the ceen jant Intended by the false entry only
to conceal up fraud already
mit.eo, aud not effect present fraud crime by
OF such entry be be convicted under thus Ia
dictment Seventh the jury believe that The prisoner
| the false entry the intent TO deIraud WIN.
j. Lane, ST. in his Individual capacity then the pris
cannot be convicted urder the present Indictment
Eighth. There evidence IN this that the bank
any way defrauded BY the entry proved tais
case, which In the indictment is alleged to have been
| false. Ninth. The prisoner is entitled to be &C
quilted because the inolc,ment charges lh., the
fake entry was made In February, 1859, and
the proof that could not have been in that moDIn.
Tenth The the indictment found
does not include relate 70 entry saen as s IN this
alleged fAse the entry was not delivered,
nor intended 70 be delivered 10 any person dealing with
the bank Eleventh. Toe entry alleged 70 be false could
not contemplation OF law, deaad the bank lead
being dersuded 70 bring this case within the
| statute UNDER which the indictment Il ramed.
The District Attorney (Mr Waterbury, then proceeded
to sum 10 for the prosecution and commenced by
to thirty indictments found against the
prisoner he was not sctuated BY any malice or Win
dictveness in the performance OF bis duty anu believed
that the prisoner had committed double the number OF
frauds that there Indictments. He the District
Attorney declared his intention try every indictment
in the case, until be Obtained conviction on one OF
them and when should bs Obtained and
the prisoner way suffer that sentence, then DO
would abandon the other Indictments After further
remarks Mr. Water bury SAID that 10 this prose
cuon TO PROVE and be would coatnd tn toey had
done the existence OF the Fulton Bank Us
second the keeping OF this book by that corporation
which the false entry was made; thrn, the entry by
which the claim the bank made; f0urthy, the
making OF such entry with the intent TO defraud Couu
sci then proceeded 70 contend that all these had been
clearly proved by the testimony the case, and submit
in his mini the prisoners guilt clearly
blshed, that had the false entry
TO defIaud; all the surrounding circumstances went 70
show his guilt and however his unfortunate position to
be regretted yet the la~ be yndcsed aud he Mr.
Water bury not actuated by personal motives in
this He felt only that he should perform his duty
pubic prosecutor acted In the esent charge
| 1t had been made by private individual who was
wronged Of public corporation Counsel then
that A. Dean being myth, and II he not, the de-
fence would certainly have called him witness Mr..
saa assistance CO Of able counsel on the part Of
the bang, the District Attorney appeared as
pubic any .ssr IL s for the youn ne
man; he felt for his aged parents, bowed down by tus
affection, and he felt, az he left MS own children this
morning. wha. misery would be his should his children in
years yield TO similar temptations. The law Is not
vnocuve In the prosecution Of Lane he Indicted and
tried, and seek 70 punish him a. example, and
with the hope Of lettering others from the mission OF
similar Offences Yes other young are 10 be warned,
the grief that hangs around the prisoners father and
mother must by example, be avsrted from the parents
Of other children The District Attorney concluded
eloquent address BY calling upon the jury 70 do justice be-
the prisoner and the people, 10 render verdict
in accordance with the evidence regardless OF the conse
| quences.
In addition to the foregoing points for the Defence Mr.
| Holmes submitted the following
Twelfth, That jury have any reasonable doubt 10
view OF the evidence 70 any Of the alleged facts
that defendant made the entry forth The ndct
ment the intent 70 deiraud Fulton Bank that the
entry itself discharged diminished increased created
pecuniary Obligation, claim credit purpor.ed TO
SUCH that the entry maze before the
fraud petrated, aud NOT Afterwards, with view
10 up previous defacatons With any other
that doube the proportY Of the