The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-01-05

a
site for these public buildings the Legisla-
ture v ely providing at the same time that II
the buildings are erected IN the centre OF Penn
Squares streets shall pass around sail hr .dlngs,
not less width than hundred feet They will be 35
fee, andu9less the act con'empates provides for,
and authorizes the erection OF these buildings right
IN the centre OF Penn Squares, the English language
Mr. Coils then referred at great length to the ar
gument OF the paintis against the right OF the Leg
isature authorize the obstruction OF the hi III
ways, successfully meeting and combating all the
points urged and in conclusion asked Does the
plan for the new buildings tend to obstruct i'm
pair Broad street when ID wdens II TO 27O feet from
1l3 feet Is not the public drive and cariage-way
there, as before? Is It not there to more than
twice the extent 1t was before, thus doubling the
area OF roadway at the spot in the centre Of the city
where vehicles are most apt to concentrated
II had any desire to discuss the propriety Of the
would not hear me- IN the,1rst place, and In the
second, the question having been decided by COM
petent authority, is not subject for review had
my own vewsi as to the proper location for these
public Buildings; but the people have decided and
am bound by their choice.
Second National Bank Bank q Erie VS.. Smith, RAN
Supreme Court at Nisi Prius- Judge Shdr80ood.
The trial OF this case was resumed this morning.
The paintlfls closed their testimony yesterday af-
teInoon. The defense was opened to-day by Mr..
Lewis Vain Smith. He stated that it woRld be two
fold in its nature. First. That the Ocean Bank of
New York being selected by the Erie Bank as its
agent, and being it's chosen ep,sitary for the COL
laterals lodged, the Erie Bank was responsible for
all the acts Of its agents; that the Ocean Bank was
both grossly negligent in the 1t took OF the col
lateras, and that from the circumstantal evidence
which would be offered its conduct was probably
So far as its negligence was concerned, the de-
fense would show it had no inside watchman; that
the only outside watchman was one employed on
beat Of eight blocks, who was paid 81 a month by
the ocean Bank that Its janitor was an unknown
man, taken without character or reference; that
there were no burglar alarms TO arouse him,
although he slept on the fourth floor; that there
were no lights in the bank at night; that all the
shutters Theoretically closed up that the base
ment through which the thieves entered rented
on mere verbal lease, without any restriction to
sub-letting; and that although it had actual know
ledge OF the robbery of the savings fund 10 Phiade
pbia, 1t had no watchman on Sunday. They would
also show how the other banks in New York, and
also in Philadelphia, guarded their valuables; and it
would be found that all OF them had some of the
precautions omitted by the Ocean Bank and most
of them had all of them. That far the
criminalty of the Ocean Bank was concerned,
they would show the n;v that Just before the rob-
nery the President drew out $4,000 OF his own
money, took aaay $4,000 Of the Government bonds
Of his mother-in-law, removed note in his favor
for $4,000, and also bundle of his other valuabes
that the cashier drew out $4,000 of his own money;
that within a few days they mad loaned to another
bank $4,000 Of the money Of the
bank; that the loss of the bank
was but $50 600 in cash and ssO 900 in per cents;
and that over million dollars worth OF the property
Of the bank was left undisturbed by the thieves;
that the thieves returned nearly all the property of
the bank which they took; that the loss of the depo
sitors was nearly s500000 Of which s35l 200 were
Government bonds That circumstances so suspt-
ciOus, connected with negligence so gross entitled
the defendants not only to a verdict in their favor
but also to for the difference between the loan
and the value Of the bonds vz S9oS, for which they
asked a verdict.
The other ground Of defense is that after the roo
berry the Ocean Bank told the defendants when
they called for the bonds to go into the market and
buy them, and that the Erie Bank would pay the
dlerence that they did so, and drew on the ocean
Bank for S90lS, which draft was accepted, but be-
fore the time Of payment, at the suggestion OF the
Erie Bank it determined to hold it over for few
days. that the draft has not been paid but that the
Erie Bank has never TO this day dsavowed the
agreement made by its agent The case is exciting
considerable attention, the principle involved being
Of great Importance to all the business community.
All the day was tax en- up with the evidence OF the
defense. The argument OF counsel Will probably
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