The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-08-18

tom A. We had been in the habit in the course Of bu
look at the teers books 10 see what the condition of
the bank to strength legal tender notes
In looking at his statement that morning, saw several
large Items which were denomnated mixed money
which contrary the rules OF the bank to pc SO
enteredlegal tender notes being required 10 be sep
arated from other currency, in order that we mght oc
able arrive strength and ascertain that we had
complied with the National Banking law, which requires
tender notes I called NJ jenkins attention to the
fact that these items marked mixed not separated
Mr. Stuart objected to the witness stating what Jen MS
sad on the ground that what he said in the absence OF
these prisoners respect 70 the offence committed, can
not be received against them.
Mr. Mckeon--You cannot separate the act from the
words spoken, they part oT the res 0estde.
The Court said for the purpose Of completing the mar
Taive he would admit 1t.
O. State VIVA, occurred A. He gave satisfactory
answer 10 the question when asked why they were not
separated then wished TO see the notes which he said
down stairs the vault, told him wished TO see
them; he still said they down stairs, thcreupon
sent porter down, who brought up The trunk OF notes
upon opening which found large amount Of State cur
rency VIII ch evidently not sufficient TO account for
those items which had seen; then began TO suspect
that there something out OF tho way and determined
at the close of business Two were In the midst
of business OF paying checksl after three o'clock TO
discovered that for his entries in the book there were
corresponding items Of cash. l went after three
o'clock. TO hs desk, stood behind him while he counted
up his cash, called of be entered in the book
there assistant who stood by and he tJenkins)
called of the items Of cash in his drawer; called of the
st second and third OF his pigeon holes the drawer;
TO the fourth picked up piece Of paper and called
oil from that; when he mad got through asked him for
the cash which that paper represened he stated at first
upon looking down that it was in the trunk that was
standing under his desk.
Judge Stuart-This is clearly Objectionable, 1 sub
init What Jenkins said which seemed TO involve him
self in the preparation Of larceny cannot affect the par
ties for whom appear here.
The Court said he would receive the testimony now,
hear counsel upsn afterwards and pass upon its ad
missiblity.
Witness trcsuming-I asked him for the money that
this paper represented and he endeavored to put of
before he looked down 10 this trunk under his
tablestatcd was in that; glanced at the trunk and
several small bundles of notes. could at
they not sufficient TO account for the large items;
sad 10 him, mo, it could not be thcre; asked him
where II he said, swell, It was there again refer
ring to the trunk, "No, said "it not there;
! inssted upon seeing IL, and he said he did not know
where II was upon which he declared himself ruined
then he confessed 10 me that he had taken the
money
O. We're you present at the interview with Genevieve
Lyons; II SO, state what OccurredY
Judge Stuart-If the gentleman means to draw out
by that question what she sad what she did
object
Mr.. McKeon-I mean by this question to have every
thing that said done the presence of the wit
ness and the accused Testimony allowed under objec-
Q Were you present here when she tGenevieve, was
orougnt gn, iny A: Yes yes, SIR ,,. =, a.. i.
time in this r0om' A. saw him in this room; whether
he was here at the precise period of the examination
Q Go and state what occurred A. She stated that
she had E received money from Mr. Jenkins E from time 70
might reach six thousand dollars
CRoss-ExAMINATIoN BY JUDGE STUART.
@ Except what Jenkins said to you, of your per
sona knowledge, do you know when that money, any
Of il, was taken from the bankf A. No, sir
q Was either the girl iGenevievel or Brown present
when Jenkins made this statement to you whatever be
did statef A. No. sir
Q Can you describe the moneys, the denominations OF
the banks and the securities whatever they which
| were in fact taken from the bankS A. No sir
q Had you any personal knowledge of offence hav-
ing been committed against the property OF the bank
until your discovery Of at the time and in the
vnu hnr aalr raadv sta atrd1 A air
O. Have you at any time since your discovery Of the
deiacaon at the bank the larceny Of ITS funds
Of this defacation or larceny A. No, sir, with one
cepon.
q Jenkins was regularly appointed and duly author
lied otcer OF the bank for all the purposes and all
| the business which he did periorm-was he nou A
Yes, sir.
O Have you ever cen Yr Brown or the girl in the
bank or anywhere about !: A. No, sir.
@ Did you ever tbSr or know anything OF them
until after the discovery Of the loss by the banks A.
q where is jenkins now' A. He is committed, sup.
pose
embezzemcnt.
@ Is jenkins present in this COURT A. No, sir.
Q. Has he been since this examination was COM
O Where did you Grst see the grip A. In this room
several days ago; cannot recolcct the day
Y Was not upon that occasion that she made some
statements as Is alleged, 10 you or In your hesTngf A.
Yes sir.
Q. Is John Mckeon counsel Tor the bank which you
q And has he acted the attorney and advocate for
| the bank in this prosecntiopy A. Yes, sir.
O. At the time the pirl made the statement you have
alluded to, where she sitting standingS She
standing about where am now; am not certain
whether she was upon the PLATFORM r McKeon was sit.
| ting about where the Justice sitting
q Was he not sitting in the chairY A. cannot say
don't know that she conducted 10 The place now
occupy by officer; previously saw her In another
part OF the room; officers immediately about hor
when she made the statement the detective present
there were others present, but don't know they we're
O. Did you hear the girl ask il she could not see some
Of her friends before she made any statement 10 the
O. Did you not hear the girl ask she could not zee
counsel before she made any statement TO the Judge
! O. Was not what she did say In answer TO inquiries
propounded by Mr. McKeon from the place that the
| present Judge 6llsf A. Yes, sir
O. Was she not told by officer tha, she state
TO that gentleman what she knew about the msttcrf A.
No. sir; heard no such statement
O There nothing stated her 20 the effect that
Mr. McKeon was not a mae's'fatef A. heard nothing
| Of the KIND.
| O. was any portion Of II noted DOWN A. No, SIR
O Do you mean to say that Mr. McKcon Did not take
from her upon that occasion statement Of what
| she said' A. No, sir; saw M written statement
@ Was not written statement or were notes Of what
she said you read Ia you afterwards A.
O. where wa. that written statement taken made by
Mr. McKeon which was read to your A don't know,
did not see u written.
Was il not read over to you soon sftcr II was nader
A Yes, sir
O. Did you not then understand 10 be an account OF
| . statement which shc had just NADER A. Yes. siK
q Did you not understand that Mr.. Mckeon had re-
duced that statement to wntngr A. did not know
whether u was McKeon's writing or not
Mr.. McKeon-There was no memorandum made Of her
statement except what have written In this affidavit
| and which I have shown 10 you Judge StuartI.
| q Have you had any other subsequent interviews
with this woman A. No. SIR.
Was the magistrate Justice Lcdwith) present when
she made the statement you say she ddS A. No. sir.
y Nor any other Judge2 No, sir, not 10 my
| knowledge.
q Was she at the time in custody, under arrcst7 A.
| don't know presume she
O. Have you have had u IN contemplation, has II
been suggested TO you by Mr.. McKeon the attorney for
the bank by the friends OF the bank that IL would
be well TO make jenkins witness for the State
against this and woman, aud so convict them and
| save hrnY A. No, SIR
Judge STUART now offer TO prove at this stage Of the