The New York herald., 1870-01-22
THE COURTS.
Important Proceedings in tho Courts
Yesterday.
Bank Defalcation-Th Whiskey Crusade
The New Harlem Railroad Depot
Controversy = Real Estate
Cases--GeOrge Francis
Train In Litigation.
UNITED STATES COMMISSIONER COURT.

UNITED STATES COMMISSIONERS COURT.
xhe Pourth National Bank DefalcatioB.
Before Commissioner shields
5ne Lsntoed States rs. WQtidnl Veltnan.-The de-
fendant IN this case, who hos already appeared In
previous report In the HERALD, was the collection
clerk and bookkeeper In the Foarth National Bank.
He mad most trusted officer OF the bank for four
or nve years, standing very nigh In esteem aud
confidence OF the president and principal stQckhold
ers. He IS now charged with making false entries
In the general Journal by which It s alleged that the
bank was defrauded to the amount OF $1,000. Two
other partes-one Copeland, q friend OF Mr.. Welt
man. and one Leith, q depositor on small scale In
the bank, also friend OF Copeland's-are charged
with beng parties to this fraud and 1t was through
their influence far as the yet bears against
the present defendant, that the latter has left him.
sell open to suspicion. The parties nave beeu
granted separate Irials, that OF Mr. veltnan being
Set doWn tor yesterday.
Ine first witness called was DlOpp seaman; ex-
olnned Dy District Attorney, General Jackson:-Was
cashier OF the Fourth National Bank; knew defend
ant IN April, 1865: he was then collection clerk and
Dookkeeper; was !npl0yed by The bank some live
years; witness had made an examination or the
books OF the bank discovered false entries; on the
10Th OF April, 1868, found frauducnt entry OF
$4,000; the original entry had been erased and
ngures added TO make an error Of 000 Oh the llth
Ol August found another fraudulent eury OF 81 600
by tile addition OF $1,000 to original entry OF
$l2j, and when was Altered TO 81, l2o: the 7th
OF October discovered another false entry Of S3ooo
on which appears on erasure Ia the original entry
as In the case Of the st false entry OF Sj0o0 these
1aise entries were discovered by an examination Of
the poOAs and reConcilemcnt of the collection ac-
count; also by comparison OF the entries with the
original registry, and wlLn the journal; the journal
Was Kept by The defendant.
Ine general journal or the bank, kept by Vetman
was then put In evidence, and the witness referred
70 the ea.ry Of the 18TH Of April, charged to pc the
O. State what you find there. A. / And an entry
70 the credit OF William Leitn OF $4,000 April is,
1885, on the ledger and this journal an erasure OF
$4,000. lie confessed TO having erased lne $4,000.
Mr.. Bell here insisted on examining the witness
with regard TO the so-caled confession, wnicn the
Court granted.
BY Mr.. Bell-when did he confess, A. Within two
=. Where did you see him' A. In my house in
Brooklyn.
q. state what no said and under what circum.
Stances OF threats or promises. A. l called on Mr..
Vetman; he was not ut home; he came to see me;
stated 70 HIM there mad Deen ialse entries dis
covered 10 AIS book; ne dened 1t, or denied nav.ng
mace them; said 10 MIN 1t was useless deny The se
frauds, as the figures wcro there ana could us
proved against hln; told him 1t would better To
come Out and own up rs the feelings OF men would
De Detter to man WAC would honestly O.n up than
one VINO would deny; then ne said he had been in
duced by certaln parties.
Mr. Bell ended that from the evidence 1t was
clear mat promises or threats had been used held
out 10 defendant to luduce or compe! him to MAKE
conIession ana That, therefore, the evidence on this
point Was lnadmiSslbe. Mr.. Bell persstently and
forcby objected TO al OF the testimony OF the wit
been ao.e to attend the opening OF the case but
from the character OF the iesLmoIy already taken,
Gs READ 70 nun oy the District Attorney he was sur.
prlsed that LhaG onicer would III the abseucc OF
counsel ATTEMPT TO elicit from witness such oojec
uCnaUle testimony,
The Commissioner overruied the objection as to the
oomlssi0iy OF the testimony taken in counsel's alb
sence aud admitted the evidence OF the witness as
to the socallei confession. At three O'Clock tue
ease was odJourncd to Monday, at eleven a. M. MIR.
Vetman then left the coult with hts trends.
The Martin Whisi2ey Crrsndc--SurrenGcr OF
IRnatz EloaslKey aud Adolph Elonskey-
Isnntx Bailed aud Adogph Discharged
J~dZc Picrrepont's Opinion Of nud Action
In the Matter.
Before Commissioner Osborn.
Tis United Sdfes rs. Igndtz Eionskev and
Adolph Elonshep.-The defendants are charged con-
Jointly with Alderman Barker who on Thursday
last surrendered himself and gave bail for his future
appearance, and others with having In the years OF
1855. 1867 and 1865 conspired to deraud govern
ment by removing large quantities OF distilled
spirits from their dstillery In Eighteenth street TO
place oher than bonded warehouse, without
having paid the national tax thereon
These defendants are, OF course, included In the
sweeping audavits Of Messrs Marrick & Co.. the new
wniskey fraud hunters ana lnformers. when brought
before Commissioner Osborn brief informal examl-
nation into the charge satisfied tnat gentleman that
the ends OF justice oud De met BY the discharge OF
the defendant Adoph klon5key, ana The holding OF
lRnatX on Dali, TO appear with Alderman for
examination on Monday next
WHAT JUDGE PIEkREPOSr SAYS OF MARTIN.
This man Martin-wBo was he believed, formerly
Methodist preacher-rcpeatedly called upon MIN at
his Office and wanted to swear TO aflldavis against
great number OF persons whom he alleged had CON-
Iaieo mitsed whisneJ irauds on The government Mr..
the object or the man being to nave civil
suls directed against the parties and he to stand in
formers moitles III case OF forfeiture or property.
Judge Ferrepont In view OF his Inoortunties, told
MIN emphatlcalIy he should institute no prOsecu-
tons against any parties on his statements ai1da-
vit8 which were only TO bo founded ON the state.
M MS OF G oIuers ~ 20 saa Man; put at ne should
the supervisor OF tho district IN thia case butcher
VINO should examine into them ana fhat should that
officer eventually In writing officially recommend
prosecution OF the parties, the necessary action
would be immediately, taken in the matter. Super
visor butcher IN the case OF the parties charged
the atiidavt. with Mr.. Bradley aud tue defendants
above mentioned, recommended proceedings. and
hence the peudlng examination before Commissioner
Osborn on Monday next.
Mr.. Bell counsel for defendants, says the case will
amount TO nothing; tnat all ths defendants will sur
render themselves, and 1t will be abuneanty shown,
u necessary, that the charges are groundless.
''3eddy, tho Blaciksmirh."
"Recdy, the Blacksmith" has settled his case In
which he was charged before Commissioner Osborn
with non payment OF tax a. retail liquor dealer and
billiard table proprietor ~ NO. Chatham square,
by paying his tax penalties and costs amounting 70
AOout seventy -nve dollars, and has been discharged
SUPREME tovaT-GtHsaM TEaM
Tho Now Harlem Railroad Depot-An Impcr.
tnnt Suit BY the City.
Before Judges lngraham, Barnard and Brady.
The suit Of tho City VI New YORK VI. the Harlem
Railway Company In relation to the site Of tho new
depot came up Yesterday for hearing Mr.. O'Gor.
man appearing for the city, and Nr. Rapalo for the
company.
1t VIII be remembered tnas commissioners
OF appraiRal were appoiated to value those
portions OF streets whicn would nave 10 be
taken BY the proposed new Harlem Railroad
depot. The included lao feet OF Forty-talrd
and Forty.1ourth streets and all OF Fourth avenue
between Forty-Second and Forty Gfth streets except
q strip OF fity feet. The commissioners reported
that as this property was held by the city merely in
trust for traI1c was not nearly 80 valuable a. il