The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-24
HERALD TUESDAY a. SHEET

| ing him to bring the Bourbon Company CMessmore
and others, the Blaisde 4 Eckel and other whiskey
cases covering about thirty indictments, 70 trial as
Judge Batchford said some definite time had bet
| ter be agreed upon forthwith.
| Mr.. Courtney SAID he was anxious 70 have the
| cases tried AZ early ~ possible. He wanted no
delay; the government was ready and he hoped the
| defence would bo ready as soon rs practicable.
| The counsel FOR defendants In the Bourbon whis-
key CASE which there five indictments CONSOLE
dated said they would do the best In their power TO
Mr.. Courtney Thought the defence should be ready
TO proceed hImost Immediately, a. they had had
abundance VI time to prepare.
other cases pending IL would DO impracticable to
commence these cases before tine early part OF De-
cember, but they ought 10 90 on then.
Mr.. Courtney wanted them set down for the first
day OF the December term.
Judge Blatchford then set them down for the 18th
OF December and In response to the counsel in tile
BOURBON whIskey case, he said all the defendants
must be ready to be tried together.
defendants, wished 10 have an opportunity In the
meantime to argue in favor Of motion Tor sepa-
Ex-Recorder smith, counsel for another OF the
defendants, also desired similar privilege for his
client.
argument will ensue IN few days. Counsel In the
cases then lett the court room.
The Alleged Tradesmen's Bank Defalcntion.
Before Judge Blatchford.
The United states rs Garner c. Baker.-The de-
PENDANT In this case was charged, about year back
with having Incorporated certain moneys belong
ing to the Tradesmen's National Bank In this city.
John Arnold was also ut the same time indicted for
similar offence, one at the time being tile receiving
teller anu the other, the present defendant paying
teller OF the bank The case was very fully gone
into In an examination before Commissioner Osborn
the charge against Baker being yesterday for the
first time given 10 jury. Mr.. Bell Assistant United
States District Attorney, opened the case for the
prosecution.
Richard Barry President OF the Tradesmen's Bank
was the first witness examlned:-Knew the defend
ant for twenty-five years; he was paying teller OF
the bank up to August a. 1867, when the charge
cullon put in evidence certified copy OF the act OF
incorporation OF the Tradesmen's National Bank,
filed March 7. 1865; defendant was custodian Of the
cash OF the bank and agent for paying out all cash.
Look at these TWO papers and state what they
are A. These are two account slips, In duplicate ol
day charges, between the Tradesmen's National
Bank and the First National Bank OF Brooklyn; we
keep . credit and debit account with that bank.
Papers marked A ana u handed to the witness)
The footngs Of figures are In the handwriting OF the
defendant. paper handed TO wltneSs.l The writing
here Is In the handwriting Of defendant and was
Defendants account with the second teller. Papers
marked and handed to Jwitness.) These papers
purpor 10 be. duplicates OF checks received
OF Brooklyn: the aggregates are in the handwrlt-
ing OF the defendant on the 18th Juno, 1861, there
WAS an examination INTO the accounts Of the nrst
was done; committee OF five directors examined
the first teer's deicndant's cash 10 sec II his ac
count corresponded with tho books OF the bank.
The entry OF August IA, 1867, Is In the handwrit-
ing OF the defendant; the amount set forth as
the cash In the bank la his hands L. $7S3,0s5 81;
counted tho cash IN the banks vaults on the 18th
August and found 1t only 5000, ooo counted with
tie cashier; tho defendant was present when 1t was
counted; had a conversation with defendant and
asked him ir there any wrong ia his cash and
he made no reply; asked him he was short $4,000
he made reply; asked him II he was short $50, 900
and he replied that he wished he was dead.
Anthony Halsey was cashier OF Tradesmen's
National Bank in July aud August, 1857. (Slip VI
paper produced witness found III one OF defendants
Berry previous witness) In counting defendants
cash. all the cash was brought into the room from
the vaults By the porter and myself.
Witness then corroborated the testimony OF the
President OF the bank, Mr. Berry, the previous wit
ness AZ to the discrepancy in the amount OF cash as
represented In defendants cash book and the
amount found In the vault OF the bank.
The further hearing Of the case Is adjourned till
"Wednesday morning.