The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-29
HE G OUR 7 S .
UNITED STATES camnlssIanEl's Court.

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Tho DefaIcesisns In the Tradesnsn's hank
rssvinu Tclier-His Alleged Defalcatiens
Amount To About $4,000.
Before Commissioners Osborn.
Jamcs Arnold who IL charged with being connected
with she recent dsfacaons in the Tradeemens Bank
brought before Commissioner Osborn yesterday morn
ing al eleven O'Clock for examination The defendsA.
,sa middle aged respectable looking man. He wears
,srge beard and his face 10 much bronzed He was
dressed plainly, but neatly.
Mr. 8. q. Courtney, United States District Attorney
and Mr.. Joseph Bell, Assistant United States District
Attorney. appeared to conduct the prosecution Mr. w.
II Beebe defended the accused.
POSTPONE TEE CASE.
MT Bsebe who appeared for the defendant said he un-
derstood that the Commissioner would leave town on Fri
cay and that being preferred that the case should
he postponed until the Commissioners return. He mr.
Beebe) knew that the Commissioner had one or two de
bene examinations and other matters OF importance
20 attend to, which would occupy considerable polon
IN piecemeal. He did not want 10 De hurried tnrougn
he wished to go through II thoroughly ana unless ne
adjourned till the Commissioner could take 1t up. II
they went on with to-day for hour or two and 60
again after the lapse OF considerable interval, the
whole thing would probably have passed out OF their
minds Finally, Mr.. Beebe suggested that the exaunina
zion be postponed ill the 10th Of September, when the
Commissioner would return.
Commissioner Osborn in reference to the remarks Of
Mr. Beebe stated that If the government were anxious
proceed with the investigation that matter
with the District Attorney He was willing to listen to
the suggestion OF Mr. Beebe but II the examination was
hour If he were away the might DO taken
before other Commissioner He had two i'm
He would much prefer If the were to before
him, 10 have II commenced, and 70 with 1t from day
70 day and finish it. he would, therefore, much prefer
Mr. s. C. Courtney said he had no more particular
anxiety about this case than any other case in which
rina fdcie evidence been given OF the commission
Of crime against the laws Of the United States Coun-
sci for the prisoner very DESTROYS to with tho
yesterday morning, but his mr. Courtney's en-.
gagemens were such that he could not then attend TO
H. was then adjourned to this morning, being the
earliest day upon which both sides could go with the
investigation or the case As the set down for
to-day they could go with II for hour two and
Then could be adjourned till such time would suit
the convenience OF the Com missioner.
The Commissioner observed that he would rather not
take up to day He would prefer letting IL stand
10 the 10th OF September If IT come before him
He would return on that day
Mr. g G. Courtney intimated that he had no desire 10
press the against the wishes OF the counsel
for the defendant The witnesses for the government
Were in attendance and ready to be examined. The
prosecution would be governed by the wishes Of the
court
The COMMISSIONED could have given you the whole
Mr. Courtney-f the court cannot 20 on with the case
To-day would be glad to bave you set 1t down for
early q day as you can attend.
The COMMISSIONER set IL down for Tuesday, the 10th
Mr. Beebe called upon the court 10 fix a reasonable
amount pail for the appearance Of the defendant He
did not think the court had any right to try this
at all
The Commissioner-It is better tina. YOU should not
discuss that matter at present
Nj. Beebe said thar Mr.. Arnold was a poor man: he
had no money. but he had some friends He had re.
sided in the city of Nav York for years. he
was householder; he had a wife and children who
were married; he had long enjoyed the confidence of
the bank with which he connected and ne believed
that, in the circumstances in which he was placed,
rood deal OF SYMPATHY had been for him
II Mr. Arnold could give bail such would
ensure his attendance that would meet the require
ments OF the case. He not charged with felony il
was simple misdemeanor; and II he were found
guilty hard labor could not be added TO his pun sh
inent he believed he wonld be able to bring Mr.
Arnold through quite free Of this charge and would
show his innocence. BE submitted that 600 bail
would be sufficient.
Mr.. Courtney stated that he fully appreciated the
remarks OF the learned counsel Probably no man moro
regretted than he ir: Courtney did the position N
had as his counsel stated the confidence OF this ins
zion for twenty-eght years That he should in a
moment foraet his duties and responsibilities to those
who placed the money OF tns institution as the aidavi,s
stated in his hands presented very melancholy spec
than he r Courtney If what his learned trend said
were true, that before the close OF this investigation he
would be able to show he stated that his had
guilty of the serious charge brought against him. In
abe course OF further remarks, Mr Courtney said
OF banks in desrsuding the deposors and con.
stantly embezzling the funds OF those national
banks had become and was becoming such
. common thing in this community, that it high
time for the officers OF the governmen and the court TO
take judicial notice OF them As far he fr. G.
concerned he intended TO bis duty and SEQ that the
law maintained. He objected the bail proposed
by Mr. Beebe behalf OF the defendant as being en-
trey too low under the circumstances and in order
enable the court TO form opinion TO what the
proper measure OF bail should be, suggested that Mr.
Berry, president Of the bank should be examined
der OATH for the purpose Of proving what the exact
amount Of the defalcation was.
Mr.. Beebe declined this OFFER remarking that IL Mr.
Berry were placed on the stand now il would lead them
into the examination which they wished TO postpone for
The present Ho had, however. objection that the
Commissioner should ascertain privately from Nh Berry
what the amount OF the defalcation was
situations and read the letter from Mr. Haisey stating
Ina, The amount Of the defalcaiion OF Arnold was
sac 900 TO 500 900.
The Comm ssioner said that in the course Of the day
he would decide the question Of bail. Al a subss-
quen period OF the day the Commissioner stated that
be would require the defendant to give bail in the
Of $4,000.
CHARGE OF ILLEGALLY REMOVING wHIsKEy.
Colman Wise, % and "a Frankfort street. who had
whskey from his ds.ery place other than bonded
warehouse, ordered be discharged, there being
20 evidence TO sustain the allegation.
AN ALLEGED FRAUDULENT BOND.
Nicholas Lawson and Adolph Ascher, who charged
with having procured the execution OF an alleged
fraudulent bond, FOR the purpose OF enabling Thorn
house, we're brought up for further examination The
xAcis OF this have been already published the
srnmen, was closed. Mr. samuel Hirsch, counsel for
she defendants moved TO dismiss the complaint on the
testimony put in for the government The Commits
soner sad he would deny the motion unless counsel
had no evidence TO offer for the defence II hal any
testimony he should put In, aud then would hear
the motion 70 dismiss The case was adjourned TO the
18th OF september, when probably the defendants win
produce witnesses on their behalf
SUPREME C0usT-cHAMBe0s.
The ,Inpaurse Agniu In rrouhir-Thex mr..