New-York tribune., 1867-08-27

UNITED STATES CoHMIssIONEKS ofi iOh DoiOi'
MN, 49,, ,,,vs,tFN's BANK EMBEZILEhENr CASE
TuE INVESTIGATION TO BE ThANotEhisED ThA' ~
TuE u. S. COURrS-TliE CASE ~ DE ri'oeE-
cuTrD TNURG ETICALLf; 1.-..,-.,
u,iJ SITE al. Ga.aiss T. Baker ana James AAod ,
M J.f,udants who were respectively the
payngteler and the rGeelns & G \. well knoa' charged
vth heavy frauds and cnosAltnoulSs S M NJ ~, Room
those @ AZ ihe Tombs whore he is now imprisoned
pa fIt Of baL Arnold has been arrested D. the state
an,hGTsT a. , s,se a Of IN Inc matter on Friday last Samuel g.
Contncy United states AtiorHey, DeeEns s llat
er y the act creating the National Ranking system,
opened me bSn B9aSe,S c E',n ~ as sio fodw '
! OFFICE o. lHE DIsIhic ! -AIloENEl G OK % IIs
NEW YORK, Aug. ,, 1861.
RICHARD BERRY, cs4, FresideHt Of me If"des"'s"s
MY DEAR sri, Please send me the names IN fun Of tho
dcfautng tellers IN Tadesmens National Bana the par
poyeS in The bank tue amounts as near T a. you eau a
which have been ombelzed and The date OF the last ac'
Of embe1zcment Very respectfully, yours ~ O ,.,
TR4pEsTESs NArIoSAL BASK'}
NEw-YoRK Aug. %, 1861.
SAMUEL G. COURTNEY, osq J'tsd Sa'cs AHo1"eg g. 20
D.AE srnss - - RdESr late paying tccr Of this bank,
dcfauter for over S60O0O his connection win hs nah
ceased on inc morning the 18Th when the dehelency
was discovered The act Of onbezzement previous
TO the false proof Of Aug H. appears nhdep o d N HTE E
about $40 ooO his connection ceased on the l5 Ausns
when the deficiency was sc % former 3 C. T. Baker,
IL IL nov = under arrest and undergoing examination at
the Tonbs, by Justice Hogan to-day HeSpgStluy
On the receipt Of Mr. Berys reply, through Mr. Hal
sew Mr. Courtney following day saturday made tue
following affidavit before United states CohnhsOhei
southern District OF New-York Samuel @. Courtney
henr duly sworn says that he is Attorney OF tne
United states for he said Southern oi NV S
that about the 18th day Of August ltOi AZ e Cy
of NewYork in the Southern District aioreaid GaTnias
L. Baker then and there being lne II!uS "a n m ond
Tradesmens National Bank and james Ain2'M @ M hJn L @
mgiy and wfuIiy embezzle abstract and msappy Large
sums ont Of moneys Of the said banking asSoVtiqI',
to nure aud defraud the said association tna depone
information and belief was founded ON @ ~ , I
TO deponent by Richard Berry, President 9i tne 9''"
Bank, and Anthony Halsey the Sa,gt % '1 r"rETXTY
"sworn 10 before me this oath day Of August lsOh
| "JoIN a. OSBORN, L. :. SJmmisa lonel. . y,
On this affidavit warrants were 7suSp yt ,T' nv T.
Deputy Marshal; the warrant asain't B"h,t & WI ,oi o
fere ii he no diacuy about his surrender 10 the u =
authorities at the proper time ENJ u"-o iovpo y; ~ -
de,1s Who appearc 10 be his stead, tic examination
was set down Tor Wednesday next to question oi uAui
! being also post pOned 10 the same llnc' o., -, l..
The following Is the section under which Mr. courtney
claims the United states have exclusive JuIsuy,t VI
being the 55th section Of " An act 70 W0Ilde hauoh
currency secured by pledge Of United states bonds
aud TO provide for the crcnlaoh hd i|HSs0n tJ
That every president director cashier lelicr eeik oI
agent OF any association, VINO snail empetli' :" y,
wilfully misapply any ot the noheSs Ili-, ~ ~ ~
the association or shall without such authority ls,c' OK
forth certificate OF deposit N4aN hh9
bill Of exchange, make any acc'panCc ui' - ' 49,
bond draft b OF exchange, mortgage, Judgment OF 40
cree or shall make any false entry In any BOOK report
Or statement OF tie hssycltlion' VIZ, i'' ~ az tc
case 70 iniure dcfrdud the association OF any oc
company body potic or corporate OF any ii.' ~
nernu or To deceiye any officer OF the association or any
agent appointed 10 examine the aitrs oi ANY huli ~
ciaon shall be deemed guilty OF MA -e,l, m InVl, ai
upon conviction thereof shall be punished by mPll'oH
ment not less than i've, nor more than teh yea!s. . m
Mr. courtney is very earnest In his pruHoc uOh OF ms
matter believing as be said that every citizen hhNHf
an interest the proper administration oi justice, Nou
approve his action IN bringing 10 punishment utltus
nomatcr what social position they Nigh. occupy thongh
whose agency innocent and nsup,StmHs ~ RAiSsd d a. a.
-oHdity the national banking system Impaired ana en-
ceengs SO far taken this by c state authorities
aud become satisfied uiat 49th his a"l uuuoI t ,, @ m
Congress. and tho ends OF pDIc Jusu,o lui'', ~, ~
should make vigorous action TO have ihe Icicnuahi'
promptly tried by the proper aulhof-' "na ., 9,i con- o
! ta!ned aud metod out 10 them.
TIE YEwCoMB-BRoCKWAY,Woo MDRoGLIo'
This case, the details in relation 10 the charge
I'm which have already been published came u or exam
charge against defendant ia obsiructIng the admins
raon OF justice" aud that the warrant ON which DO
fendant was arrested was based adnys Of Caroline
! RrocLwav tho wife Of the convicted countcrictCr
! Charles o. Br0chway, and Of VIM ". Dow person
charged with countericitiug and under indictment IN
Portland Me These anidayits alleSc that defendant
received q consideration OF ABOUT SyO I nom
escape from Justice by obtaining the quasng of the IN
dicnent against Dow. through HE lNewc0mbs Influence
United States Deputy Marshal NeWcoino saws me
charge a tmmped-up the only basis for II bclng
him and Dow relation 20 tho OD
aiument from Dow of "a cOunteffeng press ana plates.
NewcOmb further says that Col. VIM. H. WOOD Chef of
the Secret Service Division OF the Treasury Department
is the moving spirit n the prosecution against hun, aud
that the whole matter Is the result OF a-pctoola differ
between Col. Wood and himself growing out VI The
BrOckway case. x.........
appeared Tor the Governments Mr. J0An oedgNlck ap-
peared for Mr. NcwcOmb.
Col Wood, Mrs Brockway, and several witnesses for
llr. NowcOmb present.
MrCourtncy Informed the Commissioner that owing 20
tire unexpected absence OF W W Dow. the ehef witness
for the prosecution and whom they deemed it essential
first examine the case, the prosecution would rcluc
family have 10 ask FOR the indulgence OF posponement
OF the examination until DOws arrival.
Nh Sedgwck said his client was extremely anxious IOr
early and thorough examination, and II seemed TO hun
GIr. SedgwicD that Col. Wood could have compelled
DOws attendance, he dow was IA Col Woods en-
plOy.
Mr. Courtney said no was not aware OF Dow being In
Woods employ, and ~ he was nonresident, he could
not be compelled o attend.
Col Wood said that Dow was aware that tho eXamina-
tOn was take place ut this time, and had promised him
col Wood 10 be present, aud lac tCOl Wood believed
Dow now in the city.
The examination Of the case was then postponed. by
consent until Thursday next unless Dow should appear
to-day Cruesdayl,
| SUPREME COURT-CHABgRs.- Before Mr.. Justice
BARSAED
| THE LAW OF LIBEL--THE RIGHTS OF NEWSPA-
| PERs-PENALTIES OF REBELLION.
| James I. Cummings ayt James Gordon Bennett
This was an action for libel the gist of which
WAS, that the plaintn, an exRebel Commissary, had
also OF Georgia and North Carolina scale beyond tho
modest macuings OF ordinary villains" This purpOtod
70 bo report Of the proceedings motion 10 discharge
from arrest and the afdavs used on that motion did
1 laN