The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-29
THE NORWALK BANK ROBBERY.

Continuation of the Tria; Before the Court Of
Oyer and Termincr-Al the Evidence la
ard Summing Up Commenced.
The trial OF Frank 0'kel in the Court OF oyer and
Terminer. befoW Judge Cardozo, charged with
being implicated in the robbery OF the National
Bank OF Noywalk, Conn., in october. 1869, OF some
$4,000. was resumed yesterday morning. As on
the opening day Of the trial, The court room was
crowded. The accused was present as before, occu-
pylng a seat behind his counsel.
The proceedings opened by motion by Mr..
Sedgwick, the prisoners counsel, to strike ont the
testimony OF tue officers OF the bank regarding the
issue OF circulars descriptive or the stolen bonds,
on the ground that TINS was the exclusive act Of
the bank officers, and Is In no way connected
with the prisoner. He further insisted that
there was variance between the indictment and
the proof, in that the bonds were described IN the
indictment as being for the payment OF $1,000 each,
while the evidence showed them TO be OF this de-
domination. but with interest coupons attached.
This. he claimed, was 1aral variance.
Judge Cardo1o said he would hear Assistant Dis
trlc Attorney Sullivan on the question OF evidence
connecting O'kel with the circulars.
Mr.. sullivan stated that be had no evidence other
than that they were distributed ana published in
Judge Cardczo said that such being the case he
would grant the motion TO strike out the testimony
as TO the circulars ana deny tue motion as to the
variance ~ the description or the bonds.
Mr. Lockwood Was recalled and tcsrlfied that lie
found possession OF Kell private list OF the
stolen bonds. In this list not included the ten
bonds Traced TO the prisoner through the Stuyvesant
Bank and sold by o'Kell day or Two after the roo
berry, Judge Cardozo ordered the part OF the testi-
mony in relation 10 hel's possession OF The ci rcu
lar 10 be stricken out II appearing that o'Ke dld
not receive the circular until the Sth CT February.
after the sale by him OF the bonds.
The testimony on behalf OF tho prosecution was
here announced 10 be closed, except That OF the
bond clerk OF Fisk Il Hatch. when il was agreed
might be offered at any future stage OF the proceei
ings.
opened the case for The defence. he described
OXEN as. twelve years ago, dllng responsible po-
siliou In Wall street, and ALLUDED TO his services
during the war, he having been appointed quarter
master and wounded IN the service, aud after.
wards compelled 20 resign account OF III
health, superlnduced Ivy his arduous services in
the held. Alter the war he went INTO his present
business. lie nad never before been accused OF
crime. The testimony offered againss him in the
present ACTON ne considered very weak, and eft but
character. He insisted that great discrepancy eX-
isied IN the testimony as to the description OF the
stolen bonds and their being traced to oKe either
III the numbers, the amount or tho date OF issue.
ar. shannon the bond clerk OF Fisk 4 Hatch. was
called IS 4 witness. He testified that he knew
scribe the bonds by his books OF the entries
were not made ~ him, but by an entry clerk
Judge Cardozo ruled that the witness was inconl-
petent to testify TO entries made by another person.
Emanuel .; llart was the next witness; He had
known O'keil for about thiry-ive or thirty EIGHT
years almost from a boy, ana knew him as man
OF The very highest integrity.
James b. Bargness had known oxen for over
twenty years as man OF excellent character; he
had seen him frequently within the past few years.
Charles Jenkins, President OF the East River Bank;
Dewitt G. Hayes, broker in Wall street; David
Collamore PRESIDENT OF the Stuyvesant Bank; Will
liam w. Parks, another Wall street broker; Peter
Morris, Isaac JACOBSON. Averil Brown A. u. Thomp-
son, David Smith, h. l.. Townsend late oilcer in the
Unltca States Army, and Lowell Purdy all testified
TO having known O'Kell from twenty to thirtg.1yc
years and all gave him the vciy highest character
AIT. Cox, a clerk OF Fisk & hatch gave the num-
bers OF the bonds received from Deal on November
g. the rest Of his testimony was unlmportant.
The prisoners counsel summed up ana Mr.. Sulli-
van partly finished his reply, wnen three p. NJ,
the Court adjourned TIL THIS morning.