, 1861-12-14
The Lind EmbezZlenlent Case,
THE AFFIDAVIT FOR CONTINUANCE,
A New Phase Of the f,nne.

Tho ,.;,,i,, 5a.,.t - ~,
Inc CRIMINAL docket Of tue Recorders 8
Court WIS cleared ycster11ay. with the execn,
4;o,, ~ RI a., - a., co.'s
.lon " VI 'nc ease VI tne FeolAe rs sylvester
for tha o1,aoaa .,,,,.,r1o,oo,t - c,-.--
~ s~ 6e" eAaoe3t4eneus VI oe"etaSe
bonds while In his custody. This case was
called Yesterday afternoon. and the ;7efcn7,nt
~ a-..' AnA LIZ oelcAoiaos
aPpeafea, and tnTongh lis counsel Messrs.
Knox and Hoyne, madeithe following affidavit
LOT continuance until next term:
PEOPLE OF M11NoIe}
rs. indictment.
Sylvester Lind being by me dulv sworn. icnasas
and saith that Joseph b. Webster ana W}I1;sm
Gamble are necessary and material witnesses for
without whose testimony he cannot safely prncee3
to trial: F-S~~SN
and dsponent further says that said Webster is
attached TO the army Of the United States. and az
opponent 1s informed and believes, is acting rs
colonel of Engineers. and that his present head
9uafera If at q IN the vicinity Of Cairo although
which he is now absent in the service a{oresaid
and hath been 70 absent ever since the finding of
ihfE naesmSat snnia and :hat the Of 10
at this Court be Is constantly cnploged IN Ken
lucky aud ohes places out OF the State as well as at
TING: III this State.
And dcponent further states that he expects to
Of the alleged use OF conversion OF the Bonds snec
hed in sid indictment, that it was Vel under .
stood and agreed BY and between the Board OF
seTefaFe commissioners, Of which this deponent
aud sald Webster were members that this deponent
snoald take the bonds with an option to pay there
dollar IN currency, re.urn the game to the Bpar
and that IN the meantime this deponent should er.
ecntc OF deposit security for Ench payment or re-
turn.
AND deponent further states that in pursuance Of
that agreement and understanding, and to secure
pa}meht o1 sa1a oonds at such rate as Aforesaid,
q - dHfH n1H
trustee: q dfust deed OF 8 large amount of real
ana Sufficient zane W a5 y, ae 1
Board for the yyalue Of euch bonds in any event;
upon a. % aiosesaid I foseter ~it III Lis '1n nots for
S4oooo-the nominal consideration Of said
that hat tits depopent also deposited some
nf az 1s!ioas a. IInds some Of Shieh were Awaukee
bonds and large amount Of n4Ies and ether
or tie several kinds Of each, this deponent is now
unable t9 g!seIas colate1a! see9tey @ w VIA r. sa!d
securities trust deed notes. stocks. bodda, etc,
M tahn anH f se 70 hnT fa m "gn
depouent. and q security thcrcfor-and
%ere as as supposed, p,acea N sas af;a saas o. ne
sad security SO taken ae Aforesaid. this deponent
had procured several policies OF insurance on the
snn of ss5 dn a. Which were also delivered over @
with the other papers and that said papers, secu-
1ossesson Of aid Webeter o. The said Se,ve;sa'
Commissioners or their successors in office, and |
denonenf or othefse csncee and tat 70 o. in1s h
no knoTledse Of what has become Of the same.
ame TX nrre IL nctnhnr aat ~, .ae rs sac 1am
conmencemcnt Of the October term Of this Court; !
ahsent ~ s s a oa =. .s 1hs 1nat as = now
service in or near Washington. D. G. Deponent
expects @ 70 pEpse oy saaa Gamble tlat said Gamble
dcponcnt c,nbezzled these bonds, the secretary Of
SAD seTeragG Board and took charge Of all papers,
tody and charge Of the secnrities. trust T deeds.
notes ao. no.es bonds and policies Of INSURANCE
to secure paymcnt Of said tpnds. ma m denonSne
further faye. that he believes said Gamble also
pnrose for whs sad H. tsaee dera ana
and deposited, and that they remained as secu-
ana have s~ hea, % s, ooaas taRen pH
count Of Candles absence it has been impossible
Of court and he knows Of no xitness hv xhom h
can prove the same, facts. and that his presence
ren sccr;tcs ~ ~ 1egt and ann aesGrlho the DIFF
Ann deponent further says that both said Gam
Don siin ees1ef at ase sI5 essenta and IN
counsel advise him it would be injurious and mn
1ae los o. IN n 10 Rrceea to trial that the applica
may be done. 49, >S'' D'' oA's tAa' justice
ana dcnoaent further says that since the foreso-
forenoon enoncnt h,s hae,, Mas mdltten ~. th,s
within named Jas. D. Webster is in the City Of
sona1 now1cas U ~ n1n$a o. 1n1s ne mas no per
Chicago or not. 49, '@e'0'' ''1'~>A'~- 40 "a
;s at; s3ates tna1 even that Wcre so, he
would be material and necessary to lave the above
procccd to I1ia' nthon @ au taat ne cannot safely
Subscribed and sworn to before ME this 18th day