The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-20

ing OF the several provisions of the statute bear
ing on the subject
Having endeavored to express very briefly my
understanding OF the statute in the particulars
In question, il is apparent that judgment must
be entered Tor the largest sum mentioned in the
Now to wit. February 20, 1866, Judgment Is
rendered for the plaintiffs for the sum of $S9O9'9l
and costs.
THE OoMMAROIAL BANK DBFALCATIoN oAsE-sUIf
ON THE BOND OF MIR. CLARKE, THE LATE PAY
ING TELLER.
SUPREME COURT AT NIsI PRIUs-Judge Strong.
Tie Commercial National Bank vs. y twin H.
Cope, Same VS.. Edward G. Wayne Same vs..
Hiram Miller. These three cases are actions
brought on the bond OF Charles Il, Clarke, the
late paying teller of the Commercial Bank, tor
the faithful discharge of hts dut,e, such ipay-
ing teller, on which the defendants are sureties,
to recover from them the amo int thereof to
wit, $4,000. The transactions out oil which
these act ons grow is of such recent date, and
attracted 80 much public attention, that but
briet reference 20 the main facts IS necessary to
explain them.
In May, 1866, Mt. Clarke, the paying teller of
the BANK, lett his desk ostensibly to be gone but
for a few minutes. Not returning however, an
investigation of his accounts was made by the
officers OF the Bank and 1t was found there was
q deficiency of over $l50,0O0. On the next morn
I ing, when the returns were made from the clear
ing house of the Bank0, that made TO the Com
| mercial Bank disclosed the fact that Mr. Clarke
had issued the due bills of the Bank to the
! amount of $4,000 and upwards-the total
! amount OF his deialcation thus being increased
! TO $685. 000 His suIeties were notified Of this,
| and subsequently, these actions were instituted
to recover on their bond.
The case was put on trial Yesterday after our
report had closed, and the plaintiffs, alter prov.
! ing the official position of Mr.. Clarke in the
Bank, the bond sued on, and the extent and
! nature of the defalcation, closed their case.
! Objection was taken by the defendants counsel
! to the admission oil the bond in evidence, on the
had - hoo, mad
it appearing that the stamp had been cancelled
! after the date of the execution OF the bond, but
! the Court overruled the objection, and permitted
| it to go in evidence.
The defense was opened this morning. Thev
! set up that the delalcation and loss to the Bank
was the consequence, or rather result, of the
| negligence of the officers OF the Bank, either
| through their implicit confidence in Mr.. Clarke,
or their indisposition to perform their duty OF
! examining hisa accounts. That in October,
1864, when the Commercial Bank was changed
into National Bank, all the assets OF the old
Bank passed into the possession of the new
institution and tnat then the accounts Of Mr..
Clarke If examined, as they should have been,
would have disclosed deficiency existing since
1863 That subsequently these defendants were
| induced TO become sureties OF Mr.. Clarke on his
bond; months after he had been elected to his
position 10 the new Bank, by this very apparent
confidence of the Bank in its officers. They
| therefore contend that 0y the neglect Of these
officers the loss has been incurred, and that
thew should not be held liable for that which
the Bank could, by the exercise of due care and
vigilance, have prevented.
II is also conteCded that the bond is not pro-
peIly stamped in accordance with the require
ments of the act OF Congress, and therefore IS
invalid and void that, tor the due bills issued
by Mr.. Clarke to Messrs. Seal Harper, Durney
u Co., etc. etc., either payment has been made
or equivalent satisfaction; and that, in addition,
these due-bills were unstamped, an1 therefore
illegal and void. The case is still on trial.
Messrs. r. L. AlcGrath, FranSln B. Gowen,
nd 10
MessIs. W. w. Juvenal, Charles Pancoa5t, and
Constant Guilou Tor the defendants.
Ashmead VS.. the Protestant Episcopal Book
Society. An action to recover tor a large num-
Der OF tracts printed by plaintiff on the order OF
DEFENDANTS for distribution in the army by the
Christian Commission. Before reported. Yer.
dict tor plaintiff, $34, l97'S9
COURT OF UARTER SEssIoNs-Judge Ludlo "
Susan and Hannah Ware were charged with the
larceny OF bedClothng, towels, and spoons, the
property OF deceased woman, named Patience
Sloan. The deceased died suddenly and the
evidence of the Commonwealth was to the effect
that the defendants being IN the house, atailed
themselves of the opportunity to appropriate
the property in question. The defense was that
the deceased had given the property to deten
dants as q reward for their attendance upon hel
during her last Illness. The jury acquitted.
Elizabeth Alexander was charged with assauit
and battery on Marv O,Donnell, No. 1888 LON
bard street. The defendant is the daughter o.
the prosecutor, and the tacts of the case, as they
appeared, presented q lamentable state OF affairs
The jury rendered a verdict of guilty, and the
defendant was sentenced to pay fine OF So ano
costs.
Eliza Leach was acquitted of a charge OF as
sault and battery on Eliza WOODY WORTH
Peter Dubosque was charged with assault and
battery on officer Yoder alleged to have beer
committed at ball. In fight that occurred
on the occasion, the officer was struck over the
head with club in the hands, as the Common
wealth aver, of Dubosque. On his behalf, how
ever, it was attempted to be shown that he was
uniustly charged, and that the blow, or bio VS.
were inflicted by another person, who was no
arrested. Jury out
A. j. Burkins was acquitted of a charge o.
assault and battery preferred by Miss Rose
Collins The parties occupied the same house
and some difficulty occurred about a lamp
Miss Collins ordered the defendant out Of The
room, upon which, as she testified, he com
mitted an assault upon her. He denied this
and proved that he only took hold OF her to save
himself from being struck with poker, which
she had seized and held in her uplitted hand
prepared to strike