New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-08-24
THE TRADESMEN'S BANK.


Yesterday the examination in the case Of
Garniss E. Baker late Paying Teller of the Tradesmens
National Bank Of this city, who is alleged to have appro-
prated at various times, amounting in the aggre
gate TO So 900, up before Justice Hogan at lhe
John sedgwick esq appeared as counseltor tne
accused. But one witness examined. The iono"lns
is the evidence;
Richard Berry President OF the bank was crossexam
ned and testified that the accused had been ehpoycu
in the bank years he has been paving o. 600
1890 the assets of the bank varied from SiotVpv ~
00 these assets were kept in the vault OF the DahK %
accused had the keys the cash OF te Danh the caeh
on lime H. 1867; have since assisted IN counting the
on August ~ counted 500 900 or SOOO nysel on ndv
day had an interview with the accused no onS W .S
be entire morning; aerward the cashier came IN at IN
tervals and took part informed me accuseu naI s
pected his cash was short ASKED MN au4ut t%C IN
of $3.50 that he had charged hmSen WIN on me oIl
inst he said that was an AFFAIR OF lle seSoho teI'I
made no repy asked was II short $4,000 no reply was
it short 10000 he said he did not know and begged INC t
TO ask him; II came IKE cap OF thuue Sl s ,le
was then counted. Baker standing by and giving eXRa
nauons he said he had oSt money nad DeeI d m
ont Of $4,000 by Mr. Joseph f. Mandehng; Sl9VVo ny
MT Moore and $4,000 by Mr.. Day, who had since De
parted for California, where he had cut his throat ne
gave other explanation at the time Baker
That he might be allowed to 20 TO Long Branch ana
5Ps d nd h Jimmy 70 e At he bank on saturday
morning. on Saturday az p IN. he came 10
the bank, and then told him neeIhg Oh fioA H bG
Of Directors had heen held aud That warrant had ptGn
issued for ms arrest in company Win nm Vslted ms
Uncle one Of the directors; IN FonrirS' lne hccsgu
asked his uncle TO become his surety IN case o. arrest
this he declined doing; ON Tuesday, after ms arrest
talked with the accused and he said nc had sent oSe
the brother $4,000 worth of securities which ne had
failed account for; Day lad also received $1,000 rom
him, and failed TO account for Mandeng had received
Northwestern stock which he had kept he
had called at the house OF the later oi a6Gu.
the deficiency Of $4,000 in Bakers cash account has DOCKS
and papers were taken possession Of found that on A
gust he had received from the n OF lawrence MOOT
ward d Co, SlOsiO; entry of this amount could pe
found the books of the bank although II was ehfiSu
ON the pass-boOk OF the firm in the handwriting OF the
accused it was his duty have passed over to me
second teller, who would then enter on me cas pooh
deposit there is credit for 1t on the books OF Ae
bank; will now show now the accused Sonei =,
deficiency; on the llth OF june ast, Mhen " Ico h
necessary that he should have money TO make ms
cash account straight on the June examination; ne aGGtu
$4,000 to the account OF the flrst Naoha bdhh ol WI
lamsbnrgh; the paSs-book of that bank on that Gay
showed but $4,000 while the cashbook OF our bank cree
tied them with $4,000 on the following day 10 aAG i o
account square he changed the WhainsburghBank$0o9
less his account slip ON June 49, the accused IeGSCu
from the firm of Woodward, Lawrence Co, SiIhS 5zi
on June Il ne received from them S626 co there is 10
entry Of these amounts on the books OF the odnk;
although the receipt Of these sums Is ehterGa
in the pass-bOok Of the firm, IN the accuseds
handwriting the 18th they are credited win nese
amounts the second tellers books some sps WIZ
shown in which the accused had credited the second e
Ter with $4,000 but S 600 OF this was subsequently
thrown of there was evidently collision between inc
two telers Baker and Arnold a number Of checks, GER
tifed by the accused were found in his drawer no
hank cannot saw Of my own knowledge that these
checks had anything TO do with the business OF the
bank: among others were found % checks, puT'
porting 10 be drawn by John Garniss Baker.
son OF the accused Tor $4,000 these were an cefhed ny
Baker; have found account Of Joseph Mandelings
checks to the amount $4,000 which had passed through
the bank the accused says Mandeng $4,000 behind IN
from the bank on a check s. 500; he had at that time
money TO his credit in the bank; counsel by series OF
questions drew from witness an admission mat the teels
had authority 20 allow well known solvent business
man to draw money from the bank on his check even
| though he might not have an account win
the bank and cOntcnded that in this instance might be
only of judgment on the part Of the accusedl
fraud the bank; thought that he hoped some day some
thing would turn up that might enable HIM 70 make the
loss goods on september . BAKER GeithSd meek IOr
$7,OOo. drawn the TradesmeHs Bank by Joseph Man
| in the National Commonwealth Bank TINS cheek a. Is
usually done, sent 10 the Clearing House, and RON
thence to the Tradesmens Banh, and instead Of en-
terng as usual upon the books OF the bank inc accused
placed in his drawer where was subsequently found
the various banks throughout the cry MAKE up 'hei5
accounts day ana SEND theIn 70 me clearing iose duJ
the resultant balance Of each paid there either In legal
tenders or Ceruhcates IN TN, way me money OF the
bank has been paid upon checks certified by Baker az
good
the ground that no actual larceny had been proven the
accused had only been guilty Of transportation or
funds ntiused TO ms care The magistrate decided 70
take the papers ana reserve MS decision lew uays IN
the meantime he would hold the accused 70 bail IN the
sum OF SOOOO Inc accused was men loIhdIy cAaHeu
and IN answer TO the usual questions staeu ta ne was
native Of this city aged 80 years, resided at No 40 West
Twenty ninth-st, clerk and not guilty. IL is under
stood that bail will be furnished to-day In the meantime
/ the accused Is committed TO the TOmbs
, On sept ~ 1870 Hchry Eckord, Joseph o. swift, VII
liam +. Rathbone, Thomas Vermiyea, George W. Brown,
Mark Spencer. Matthew L. Davis and Jacob Barker
arrested and brought 10 trial for alleged frauds upon
various institutions the TTadesmeus Bank among tho
number The first trial resulted in disagreement Of the
jury. The second trial IN the month Of November,
suited IN the cOnvctsn Of Jacob Barker. Mark Spencer
George W Brown, Thomas Vermilyea, and Matthew l..
Davis The judge in his charge TO the jury with reference
to Tradesmens Bank case stated that from lhe evil
dence would appear that within 10 days after certain
persons had obtained control of portion OF the Bank
stock losses 70 the amount of 500 900 had been sustained
and life and fire bond for Sl62OO Ony $4,000 short OF
the entire capital OF the bank had been made part Of
the capital stock Of the bank, and 1910 shares OF that
stock set a0at without the authority Of the directors Of
the Bank Other frauds cited by the Judge Three
Of the accused convicted and sentenced to short
terms OF imprisonment Barker fined 500 for hay
ing insued witness He appealed from the decision Of
! the court, and finally escaped Imprisonment.