The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-02-16
The Alleged Defalca tio,s I'm tho Faitoa
Bank.
COURT OF OYER AND TERM ts
Before Hon. Judge Ingrsham

ant in ns charged with forgery in the lhis a.
gree and enbezzement of funds Of tnc Fulton Bank :
which he was formerly clerk
Mr. OConor Is associated with Mr. Bur- ell and tn
district Attorney for the prosecution. Nj. James T
Brsfy, Recorder Tallmadge and Mr. Holmes for the
defense.
Mr.. sosRwick, Aisistanf District Attorney moved OF
the trial On Of the indictments found in this Court
Mr.. Holmes said there was stipulation that the de
PENDANT should be tried OF the six prior indc
ments before the subsequent indictments called up
Mr.. Sedgwicr said sush stipulation had been made
the bills had bcsa found In she Oyer and Teriner and
the defendant wa arragned In this Court and bid pleaded
not guilty.
Mr.. Holmes said that himself and his associates were
msled, ~ they supposed that the bills found tho
sons would have the priority The by right should
be tried In the Sessions because in the event Of the ts
Of having perhaps he Judge o before ss whom
tried here presiding II the general term, TO which
appeal might be taken
esses should be tried at the Sessions than all the others
that have been heard by this Court the defendants
cosnsei presented affidavit that necessary for
them have time prepare 70 go 70 trial reasonable
Ex Recorder islmadge said that driven to trial now
they should change their pee, and put N plea in bar
that there could not be two charges pending in different
courts for the same offence.
there
M. brady remarked that tho proper course would DO
to quash the second Indictment, and then try the first
one in the Sessions He believed there some thirty
nine indictments in the case the necessity for which 10
After further discussion the empanneling Of aury
was commenced. One Juror was excused because Of ILL.,
sociholder in The Fulton Bank, two peSemptory cSs
enges exercised by the and I've by the
rcsn-sli that he was entitled to thirty four
incompttent from having formed an opinion The follow
ing are the names OF the jurors sworn
l. John B. Huse, Oh ward: 8. VIM Pangburn, Goth
ward. o. Oliver Bryan, 2lst ward.
John Clark, goth ward. TO- Geo. W. Hendricks, 10th
a. Jhlo SchoSels, 10Th ward ward.
George r. Heobard 10th H. Charles " MARITIME, 9th
O. John 5 olspp 10th ward. 10 Timothy B; Abbott 9th
I. Charles beasesiey, 9th ward
when The eleventh juror was sworn Mr. Brady object.
ed TO any more beng called, nasmrch as the DIS
tict Attorney bad excused ~o Jurors without the consent
OF the defendant.
Tie District Attorney said he distinctly challenged them
perenptorily.
Ar Biady objection that the statute void,
the ht given to the prosecution 10 challenge percmpo
rtly tt.g uIconsthsliOnsl.
0tiecticp ovelruled, ecd exception taken
Bic braoy Objected 10 the twelfth juror being sworn
The grounds.
Tie Juoee said ne would oyerule the objection. but
would not WISH 10 Faes upon without hearing argu
meut.
Mr Holmes se;d the juror was sworn i, would be too
late TO argue The matter, aud he challenged the juror
perepptoTiy.
Mr. Bu,re ope ned the case for the prosecution The
deiebcss' VIM J. lane Jr. stands indiced forgery
in HE third cegree The indictments laid under the
statute, he 35th section OF which says'Every person
who with int ut TO ceiraud Shall make any false entry
Email 'asely alter entry made IN any book of
count KEPT by any money cd corporation within this State
or any book OF accounts kept by any such corporation
tilcere, and delivered intended be delivered
TO any person cealiDg with such corporation by which
purpoI, 10 be discharged, diminished increased created
or in any manner Effected shall upon conviction, be ad
jueged guilty Of forgery in the third degree
The Indictment charges that the defendeDt WAS at the
time Of the offence clerk in the Fulton Bank In New
York. aud while in charge Of book, the Regis
try Of Foreign Notes, committed the forgcries com
planned Of II appears ba; the bank received from
10 time notes and bills to be collected both in this city
and in ether places and the defendant kept the book in
which those notes with their dates par
ties TO whom they were sent for collection and TO whom
credit should be given for the proceeds The indictment
charges that the defendant made entry In this book
which is alleged is false, and that by entering bill In
his name for $6lS rs having been sent for coec
was in existence, and drawing the amount, the offence
charged In the Indictment was committed.
nonaa .ne n pas,r Witness mess called ioI ns
Cashier Of the Fulton Bank; have been twenty
yenrs connected with It, the bank situated at the
Of William and Fulton streets know VIM J. Lane, Jr.;
knew him for time; he the habit Of coming
to the bank 10 see bis father who WAS Cashier Mr. Lane
Jr, been clerk in the bank since 1885, the CORES
by Mr. Lane, altogether Register Of Foreign Notes
Se and bad o6gs
acquainted with his handwriting this entry s In bis
Handwriting; The Fulton Bank was IL the habit Of dis
able in the cisy Of New York and in otksr places
all kinds Of commercial paper Of promissory
for persons having accounts in the bank; 1t en-
braced paper In places out OF the city OF New York.
but not in all places; collected paper IN Newark we
city was called in the bank foregn the defendant had
sssS
there record in that book showing TO whom he paper
of hat Tho
bank to whom the paper was sent had collected IT. all
these records in that book; the DEFENDANTS
the records the entries in that book would be made
from the notes bs-the original papers, the defendant
from the discount clerk the collection paper rom The col
lection clerk he would then enter II in the register
after which he would forward the paper 10 the correspond
ing banks for collection in letters containing schedules
Of the names and amounts; the forwarding would be
tered in that book in the column headed when forward
ed in the next preceding column under the head "when
chargedn shows the fact that the bank to which bad
been forwarded had collected it, it was the duty Of the
defendant TO enter it, there is cOnm which also shows
the Of the party for whom the collection made
the entire entry Of bills discounted put in red ink
the second column is the payer Of the note or draft and
copmn u the MACE vbere the note Was nayabe the ne1
the date Of the paper the next the period TO rum OPP
poste to each paper there are eleven blank Columns
these entries all in the handwriting Of the defendant
there is note dated August l, 1859, made
by Waldron, Halsey Co., and the payee Is A. Dean;
in the first column the Of w. j. Lane Jr entered
to this particular note these tick marks the
gin Of the column "when forwarded is indication
check that has been acknowledged; the name Of the
corresponding bank in Newark is the Newark Banking
Company entry on page l6l in red ink written by the
defendant all the entries 145 appear to be in the
handwriting OF the defendant those page 146 all
In the same writing; after bill had matured and been
collected the next thing be done by the defendant
TO charge TO the bank for which collected and credit
the party who had left for collection that done by
ticket which the duty of the defendant make out
(cket produced that ticket is in the handwriting Of the
defendant and contains these two notes opposite these
tries made for the purpose credng the person
entitled TO the proceeds, and to charge the collecting
bank this ticket is given to the receiving teller his
ASSISTANT for the purpose Of credng the party belong
ed to-W. Lane, Jr, in this case; Is entered ordi
nary by the assistant teller next entered in the
dealers account the ticket charged by the general
bookkeeper to the bank making the collection in book
called the debit cash book this amount was drawn out
by the person credited by checks the Fulton Bank.
(Two letters produced They in the handwriting Of
defendant ID addressed to Mr. lockwood cashier OF
the Newark Banking Company. (The papers produced
we're marked Nos !, 81 Another paper produced.
This paper Ia endorsed by the defendant marked No ~
another letter produced is in the handwriting Of
the defendant, except the signature, which b In