The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-27


The London Telegraph summarizes the facts OF the case
as follows
1850 in New York, and they resemble in some resi- ecs
Joint stock company tmitedl In this country. Tfh de
PENDANT up to 1854 was what was called paying teller
for that purpose As first ayng teller was the defend
ants duty keep book called the FIRST teer's proofs
which he had to enter the amounts he had received
and the ms he had paid out account Of the bank
Upon the 2sth October 1864, the defendant had pro-
fessed to make up his book according the practice Of
the bank whereby he showed that he had O2 936 65c
in his possession in the Golfers OF the bank AT the close
of the day the defendant informed Mr. Hind the receiv
ing teller that he felt unwe and IL probable he
would not be able attend the following day he asked
that gentleman to attend to his duties 1t afterwards
october the defendant left New York by the Teutonia
under feigned NAME and in course OF time arrived IN
this country The fact that the defendant had absconded
from New York was not discovered until the I'd OF No
vember and then an investigation was made into the
of his accounts when 1t discovered that there
a deficiency OF $3l, 9l5 and currency notes TO the
value OF S207 OPS The defendant followed TO this
country and afterwards arrested upon warrant under
the exradton treaty and on an application TO the Court
New York did not apply, and he released. The de-
PENDANT then arrested for debt as he was about to
leave this country for GERMANY and he unable 10
give the required ball. he had TO remain in prison up
TO the present time The claim against the defendant
was between EOS 900 and csc, OO0 The money in de-
fendant's possession kept in strong room, under
lock and key the key being kept by him. The defendant
had former occasion expressed his extreme annoy.
al supposed discrepancy in of the customers
accounts but afterwards found to be correct JUST
however before the defendant left New York. Mr. Block
one the Of the bank had expressed his nep
ton a examining the currency in the defendants posses
sion and it asserted on the part OF the plaintiffs that
the defendant had excused his leaving for England be-
cause he felt so much nsued at the proposed cxamina
ton Of his accounts and further that he had described
the directors set of 'old fogies and that he did
not wish them to know anything about his specuations
he had desired certain parties not to give them any
information respecting them. The suggestion on the
part OF the that as the directors allowed s
securities, and remove them il they thought properit
was probable that some other person had taken the
money To that the directors replied that although one
customers might have been allowed to enter the
strong room, no could 60 there or come out with
ANYTHING without being by the President who
manded view OF the strong room from his desk
wINDsOR's EXPLANATION.
Charles Windsor, the defendant, was called. He de-
posedI had been for fourteen years paying clerk in
the plaintiffs bank; kept the keys of my compart
ment in the SAFE but not Of the doors the latter
always open when came in the morning and when
left in the evening; the lock of the iron doors
combination lock, in fact, and there key to 81
attended the business from about hafpast nine to
hafpast three o'clock the same description of key
and also for the draws in the bank and TO all appear
key unlocked the whole; the customers tin
customers their clerks and porters in the habit Of
going into the vault for the boxes; the boxes con-
tanned securities placed with the bank for safe keeping
many Of them were taken away every morning and
brought back again at night the presidents seat was
near the entrance to the vault; he was away from
the bank two hours every day. and twice a week at
the meetings Of the directors the currency kept in
packages, with strap Of paper round them, and the
amount marked on the strap They we're generally
handed to me about midde-day rarely counted them,
but took them from the receiving teller they were
marked II would have been impossible for me TO have
counted them in business hours took two or three as
sistans to make the packages The packages remain
ed on the counter until had made mp the days cash.
and then placed them in the vault. The packages
were about foot hlgh and as the drawers were only
eight or nine inches Deep was impossible to put them
away until the evening They were mostly one dollar
The cash of the bank had not counted for
knowledge. counted
president and the directors had frequently complained
that the vault was not safe but no alteration was made
iron doors Of the vault but had not that of the new
bank. Mr.. Blake had duplicate keys Of the
at home, and when asked Mr. Blake, the
cashier, for hs he could not find them. This
occasion ! found key in the bank which fitted the
locks have private property Of my own. ] gave
$4,000 for my estate Staten Island about nine
ago paid for out Of $14 600 left me by an aunt who
died in England For the last eighteen months have
kept two horses instead of That the only change
the shares The capital was $500 0O0 but only 50 600
worth Of stock was actually taken and that had been
dton to the stock sold The day after examination OF
the currency was proposed by the cashier discovered
Gle and found This about eight nine days
before left. Mr. Blake came to about three O'Clock
count the currency. told him il unheard Of
thing for the cashier to examine the cash alone and that
thought he had no authority TO do TO- and that If 1t
must be done must be counted in the usual manner In
the presence Of the president and the directors II
not then counted Prcsumng that the currency would
be counted the next day, which, however, not done,
determined TO straghten up the money and get it
ready, should the directors be disposed to count it.
found, to my surprise, that there was deficiency in
three packages that had been in the bank for some time
amounting, in the whole, TO $197 900; and the next
morning, when I the bank, il my determi-
nation to mention TO the officials OF tie bank but
did not do 80, because knew in the power Of the
bank, and that they might take proceedings against me,
which would not allow me the means of defence or ex
PLANTATION never appropriated any Of the specie cur
rency TO my own
Cross-examincd by Mr. Karslake-I sold my property
10 my brother naw two three weeks previous to my
discovering the deficiency In the currency; the deed
conveying the property executed between the 10th
and 18th October; my brother-n law had practised as
dentist for three four years In New York. and he had
lived during that time IN my house as guest part of
that time he was studying well practising dentistry;
before that he was engaged In business In Chicago;
that was five or six ago. there was 900 mort
gage upon my property my brother-in law gave me
$40 600 for the land left my wife and daughter there
when came TO England in the Teutona, and under
stand they have been living with him since; he
bought everything possessed he gave me $4,000 for
the personal property the deed executed about
the 23d Of October and left the 10th money passed
when sold my property to Jacob Bodeen. my brother
in law; had two building plots of ground in New York.
but don't know what has become OF them; l have
heard that the bank has attached them had specialized
with Bodeen's money in purchasing gold and stock for
him; was to hold his money and give him notes from
time to time, and had given him $4 coo currency and
] owed him ts,0 600 in cash: there profit;
MEMORANDUM, tney nave Deen destroyed; wnen
discovered the deficiency entered II in my book
chargeable TO the vault being the reserved money Of
the bank j remained in the bank seven DAYS after
discovered the deficiency would appear from my book
that there was the proper amount the vault; the
practice was 10 keep the specie In S. 900 bags
vate memorandum book docs not show the deficiency
OF the $4,000 purposely omitted IL my brothern.
law met me at the steamer with my carpet bag had
cloak and bundle Of things could not get into my
bag that was all the luggage had 10 10 England
entered my name Wilson the steamers book;
about fortnight or month before left asked the
TO get me two bags Of gold each containing
s. COO and IN bring them into the other entrance Of
The bank-that ID through the cellar; the banks gold
which was bought a the same time brought in the
usual way my two bags Of gold put in cupboard
In the cellar; he brought the gold for from broker
IN Wall street in exchange for notes; told the messen
ger az always did IN reference 10 my own Affairs not
mention II 70 the officers Of the bank he had fetched
gold for me former occasions that had been got in
exchange for notes; afterwards put the two bags in
M OF my compartments in the vaults, where they
NAMED few days, and then sold them TO broker in
Wall street ] sent one bag by q messenger and the |
other by clerk in the hank; I received payment for
N cherk uhi ehed uto wit v,hi 4