The New York herald., 1871-12-08
TEE PHILADELPHIA DEFALCATIOHS.
! Trial and Conviction Of Joseph 7. Marcsr,
City Treasurer, for Conspiracy to
Drfraud the City,
Another "victima of the Chicago
Fire.,

per put IN the hands OF the latter ferkeS. In COM
mon parlance, had very ssoft thing" on the city
treasury and was rapidly making a fortune by his
operations with the bonds and certificates OF indebt
edness Issued by the city, when
THE CHICAGO FIRE,
which sent temporary panic through the country,
frightened Marcer, who drew Yerkes for 100000
OF the clty's money. AT that time Yerkes was
'short" and the upsnot o. the matter was the sub.
sequent arrest and trials OF both parties.
The result OF Yerkes trial has already been given.
Marcer's trial tcoh place yesterday. There were
SIXTEEN COUNTS IN TIE INDICTMENT,
on Ave OF which the defendant was found guilty.
The charge upon sbe fret count In the Indictment,
which the prosecution based their belief In their
ability to conyics, was an extract from the act OF
March 81, 1s0O which declares:-
= II officer Of this Commc city borough
county township thereof shall loan with without
rsce,vsd By him or Which may be IN lis or under
his control BY virtue of hs oce he shall be guilty Of mis-
deineanor IN Office, &c.
The court room, Oh Ycrkes tiisi was crowded
by merchants, bankers and members OF the legal
fraternity, and the usual number or "bummersr
attracted by idle curiosity.
THE FIRST WITNESS CALLED
was David Jones. chief Clerk OF the City Treasury,
the man in whose care and TO whose direction the
business OF the Office was entrusted and who issued
the bonds and warrants TO Yerkes, Marcer being
the CITY Treasurerin name only Mr.. Jones deposed
know Joseph F. Marcer; that is his signature to
the official bond; alter giving that bond he entered
upon the duties o. the Office january. 1870; contin
ued there until November 1871 was Chicf Clerk in
the office; kept two check books, the Sinking Fund
account and the CITY Fund account the city account
Yerkes. Jr.; he was IN the habit OF coming to the
CITY Ireasurer's Office, four or i've times week
sometimes; he began 10 come when Mr.. Marcer en-.
tered tie 0nlce; sometimes he saw Mr. Marcer; did
not know from Mr. Marcer what his business was In
oil cases. heard sometimes; &c was to sell city loans
~.
Yerkes' business was there relating to the loan or
retention OF money realized from saess A. can't
q. Have you Mr. Yerkes' due bIl2 a. have
produced IT. Philadelphia, October z, 1870.
Q: Mr. Yerkes gave you this due bill Tor 100000
on the I'd OF October? A. Yes.
Z. Tne day he gave you this due bill did he get
Fund account Tor $780, 900; there three checks
for 100000 each; the checks were drawn by me.
tCheok book produced).
Margin shoWs:-
Oct. l., check 100000 Or National Bank OF North.
0e. 2 check 100000. On Girard National Bank.
haa Al hscs n r on ne o h city
Sas cs a4aa " o9 l,o they
In, ! .h'ns S,.l MI: lerkos came himself and got
the account in the banks; | don't know
.nat Mr. Marcer examined the account to see what
Marcer wnen this arrangement was made~not to
nv knowledge; thls transaction was thc summing
up anu CARRYING over other ransac.lons there was
loans placed to his order ana FOR money which had
been been handed to him before during the morning;
tcte had been sale or city loans OF 900 III Sep.
tenDer; on September 30 he paid The SIC 900 for
sales aud also s2so, ,ooo for loans during the pre-.
vious months; think In August there was city loan
20 me amount @ OF $4,000 placed to his orderi
IN suy sO sG september 80 O. he e. paid
100000 included the $40, 600; he had had $4,000
during portion Of September and sl4o.ooo all the
and TOOK i TOW oS' on tn the isss DAY q segismSsT ss
got $SOo,oOo back OF the "a OF October.
@ the result OF all this was that ne had $500 900
the last OF the month, during July, August, Septem-
Der aud Uctoberf A. The amounts would vary.
4. What was the lowest' A. The lowest, II mis-
take not. was $4,000.
A. Yes, sir; this continued from Juiy, 1870
@. md Mr.. Yerkes pay any interest on these sums
a. s da not p interest inc ., ,o,s
money or did You receive irom him anything In the
way O. iaterest M & or gratui,yY a. Yes. SIR
which he had IN MS handsf A. Not on the 100000.
q. what did Mr.. Yerkes pay to yod that you paid
TO Mr.. Marccr9 A. can't state.
q. In the month OF 0ctoberl A. Not for the
Q. Did he pay any gratuity or anything else con.
neoted with itp A. Yes, sir.
q. Did Mr Marcer receive any Of this mouey.paid
o. rake the October settlement; did Mr.. Ysrkes
give you any money? A. Yes, SIR
q. How much did Mr. Marcer get Of it' A. really
MAnoER's AND YERKEs' COMMISSIONS.
With regard to commissions Mr. Jones stated that
the amount paid by him TO Mir. Marcer from Mr..
lars per month; the brokers' commission FOR selling
city loan was onc-iourth OF one per cent; when
that it came me- rom m Mr.. erkes the broker divided
the commissions with Mr.. Marcer; some OF the
GUMS paid MIR: Marccr were exclusive Of the com.
mission; Mr.. Marcer knew about the loans, and
knew OF the settlement at the close OF the month;
ne kney tnat Mr.. lerkes dro7 out the beginning Of
the next month; when ths committee or Council
came the books were examined TO sec that the
money was there
iof chccks he may have understood that 1t was for
loans not yet sold; don't think ne had anysknow
loaned any city warrants TO Mr.. Yerkes.
Thomas u. scarborough testified that he was
ssii 900 were placed 10 the credit Of Mr. Yerxss in
July
Thomas S. Hopkins clerk to Mr.. Yerkes, testified
tnat tho checks for 100000 each In October were
used By Mr.. Yerkes In his business.
Tor the defence, Mr.. D. W. sellers offered In EVIL
sue OF the water loan and the letter from Mayor
drecting the sale, and % N his argument urged that
been brought home TO lr. Marcer.-
THE JUDGES CHARaE.
Judge paxson In charging the Jury said the act
SOf Assembly which seems to have thrown all the
protection around the city treasury made II an Of
fence i0r any one ntVlX carRo OF the funds 10 loan
them. 1t is immarerial whether the loan was with
or without interest.
THE JURY MUST BE SATISFIED
that money belonging to the city was loaned, ana
that the loan with the knowledge OF the defen.
dant. The case was given 10 the Jury at four o'clock
yesterday afternoon, alter which the Court I'D.
journcd.
Mr.. Marcer seemed to be satisfied that the verdict
would be against him. for he went around among
his friends and solicited ball, saying that lie in
tended to make application for new trial should
this ono be ADVERSE.
Jury were conducted to their seats aud, upon being
asked Tor their verdict, replied
GUILTY.
Mr.. Marcers counsel gave notice OF q motion for
new trial, and MI. Mann, the District Attorney,
signited his Willingness TO accept ball. wbereupon
Judge Paxson granted the motion, bail was fur-
hislicd in 500, ,0J0 ana Mr. Marcer departed Like
!, Yerkes, Mr.. Marcer was granted new trial from
sympathy. There is no doubt that botn these gentle
mon Will be cnnylcied their aecnnd IrialS and IN