The New York herald., 1870-01-20


Partnership - Theatrical Fias-
co-Action for False Arrest.
UNITED STATES COMMISSIONERS cuuaI
Tho Fourth National Bank DefaIcasion--
Opening Of tho Casc-scparato Trials Orr
Before Commissioner ShieldR
Tne United States ps. Thomas Leith, VeltDaAn ana
COpetand.-fhe particulars Of this case were pub
lshcd In the HERALD few days ago. 1t will be re-
mcmbered that the defendant veltman was q clerk
In the Fourth National Exchange Bank, In which
capacity ne had acted for some years past The de-
fendant Leitn was deposilor In the bank. having
for some time past current account there Cope
land the third defendant was neither an ofYlcer
Of the bank nor depostor therein but he
was friend Of the two other defendants.
Tne latter defendant as Is charged, went
TO veltman, the defendant clerk IN Lbe bank and
Said 70 nlIn:-"YOu are inside the bank, ana | will
put up o jon for you by winch you can maze some
money. Here IS Leith ltnc deiendant, wac aas an
account In Your bank. lie has Oh the BOOKS credit
for $ll2 49, Now. all you need to do Is to put the
fi.ure ! before the other two ones In the entry,
lDis, Us Is charged. veltnan did. and subsequently
Leith drew the account from the bank, re-
to him by the oannk This 81. oCo. the charge
against the defendants sets forth, they dlvlded.
~ Is further charged that on = suoseanen. occa.
$3l5 aud that the defendant Vetman, acting fraud.
ulently himself ana on the fraudulent suggestion OF
Copeland added =. cipher alter the figure D, max
ing thereby the credit apparently due to Leith
$3 ESQ, instead OF merely $3l5, and this sum Letn
az before drew from the bank, defranding the BANK
of $4,000, which the defendants, ~ is charged
divided among themselves. as IN the previous Case
defendant Lein drew sun OF 1900 from the bank
10 which ne had not been entitled.
Inc charge agains. he delen iancs Is that Of ''de
nAV lnnft In
because, the Fourth National Bank being o ma
tional bank under an act Of Congress, the govern
mcnt h sponsibe 10 the noteho.ders OF sucn bank
The government therefore, aud not the officers OF
the bank became the prosecutors Ia the case. Sec
any president vice prcsdenI cashier, oflcer ERIK
or any agent Of the banx VINO snail make any false
snali he deirandesi, shall be deemed guilty
OF misdemean0r aud shall be liable 10 lmprlsOn-
ment tor not less than five years or more than ten.
In 1862 this act amended as to read that any
one VINO should aid and abet any officer other per-
son referred TO IN section % Of the original act
should Ike deemed guilty Of like offence and be ha-
bic To tue same punishment
The warrant Issued for the arrest OF the parties
| covers Doth the sections, and upon the charges
therein contained the defendants are proceeded
against.
Attorney, appeared for the government; Mr. Ethan
Alien Tor the defendant Leith, anu Mr.. Joseph Bell
for tue defendant veltman. and District Attorney
When the case was Cal ed on
Mr.. Alen asked separate examination for his
4
was based UPON different statute from that of the
others. lie cOntended that the prosecution must
client 10 De examined with tie others. 1t was the
| duty OF Of the government 10 show who the
principal IN order 70 establish VINO his client had
aned and aOet;ed IN tue alleged ENLIGHTENMENT.
Mr. JACKSON replied that the charge being one OF
conspiracy all Could be examined together. II the
gentleman required time he would consent to gve
| Il IN Oruer To enable hlm 10 deeld his client
MIR. Alien said the charge against Mr.. Lclth was
that he had made ialse creds On the books OF tue
leieuuaulk.
the interests OF Mr.. Leith were distinct those
css .s Wend eacS so SsS ey yong 70 manage ,ae
examining the wnnessesP II 80, the examination
would De unnecessarily prOJracled.
The Commissioner inquired what were the views
OF LnesOther counsel
Mr.. Bell, for Netman, said that separate exami-
| nation would cause great delay IN the case.
Mir JACKSON remarked that The Commissioner
could easily keep the evidence affecting Of the
defendants distinct, and decide accordingly. In
cases vi conspiracy the government had rlsht 10
examine all the defendants togeGncr
District Attorney Norris. OF Brooklyn, who up
peared Tor Copeland, suggested that the exaInhia
ton be postponed Tor lew days, to enable the DC
fendants 10 procure their Witnesses.
Mr.. Alien repied tnat the real object Of Welt
man was 70 throw nis guilt ON the otner de-
len dants to save himself. IL was Tor that
purpose he was making warfare to have the
three defendants examined together. He did not
beneve that man should be locked up Ia
prison to sul. the convenience Of the officers o the
bank vino might desire 70 come only once or twice
to the court. Iae cnArge against Veltman per-
sonai and distiact ne was accused Of having put
Mr.. Bell slld IN case the application OF Mr. Allen
should he granted he should ask time to enaoc hin,
W prepare himself 10 meet the new condition Of
anairs he would otherwise have To attend to the
examinations OF the other defendants
Mr.. Morris remarked that ne had had some expo
rience a. District Attorney OF Brooklyn, but
heard OF any instance Of practice IN which counsel
opposed An application 10 have persons Jointly
charged with An Identical crime separately exam
lned For his part he woud cOn1ne himself to the
point whether his client. Mr.. Copeland, mad aided
the other dclendants IN emoezzllnR the money.
commissioner Shields then granted the motion Of
Mr.. Allen.
Mr.. Allen admitted, SO far ss his client was con-
cerned, that Netman made the false credits on the
books Of the bank.
day next, at two r. NJ, aud the case OF Leith and
Copeland Til Tuesday next At two r. M.
The BrOker1 Special Tax-Warranis Issued
for tho Arrest Of Kecalcitrauts-Ths In.
come Tax.
Warrants have been issued for the arrest Of some
thirty merchants doing business In the Thirty second
district who have failed to pay the special tax
CURED by law The names Of the parties are with
held tor the present
citizens who nave neglected to pay their income TAX.
SUPREME c0uRT-GsNiaM TERM.
Evergreens-Appeal from the Order Setting
Aside the Verdict.
Before Judges Ingraham Barnard and Brady.
Michael Spatz u.s. James Lyons.-This was an ap-
peal from an order settlng aside verdict awarding
the plaintn damages IN The sum of $1,000. The
complaint set forth that in the month orOctober,
1864, the defendant attempted TO outrage the
person OF Mary spatz In the Cemetery OF
the Eyergreens. On her return home she In
formed her husband Of the occurrence. year