Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1872-10-03

Treasurer and the parties implicated
with him in the illegal use of the pub
lie moneys
Nor, in the imposition OF this pen
atty does the law consider whether the
money has been loaned and returned
without loss or loaned, or deposited,
and lost. The embezzlement consist
ed in Withdrawing the money from the
treasury vaults save on the warrant of
the State or County Auditor, and the
officer who so withdrew the money
without warrant, and theperson or the
Bank which received this money, were
'embezzlers" and subject to the pen
atty recited above See Swan d Or
vol 2, page 1910, sec. l5-Ed 1860
WAS IT RIGHT
to indict Mr. Sohn? ---azz
Mr. Sohn became a stockholder in
the First National Bank in 1865; in
J January, 1866, he was elected a Direct
or of the Bauk, position he has held
from that time to the present. 1t was
his duty as such director to make him
self familiar with the business of the
bank, and to look after the interests Of
its stockholders. If the bank was to
be used, he, as a director thereof, is
the party against whom the suit is
brought. If a purchase of property
is to be made, the deed conveying that
property to the Bank must be made in
the Directors name In short, the di
rector is supposed to be and in most
cases is, familiar with the daily trans
actions of the bank; he is selected flf
the position either from his capacity or
by reason of the amount of stock be
holds; but whenever selected, he rep
resents the stockholders and the bank
and is responsible for the conduct OF
the bank. r i @
If, then the First National Bank did
receive deposits from the County
Treasurer, and while Mr. Soha was a
director of the bank, he was rightly
indicted therefor ..
THE COMMUNITY OF INTEREST BETWEEN
THE COUNTY TREASURY AND THE FIRST
NATIONAL BANK.
The First National Bank of Hamil
ton was organized in 1868, with a cap
ital of $4,000 1t soon increased its
capital to 100000, and to day it has
a surplus fupd, over and above its
capital stock of 100000
MIR. David w Brant was elected
Treasurer of Butler county in the fall
of So, and entered upon the discharge
of his duties in September of '64. Mr.
Brant was re elected in '65, and served
out his second term.
When Mr.. Brant entered upon his
| first term he was stockholder in the
First National Bank; he was direct
or of the bank in 81 On Mr.. Brant' S
bond for his first term as Treasurer of
Butler county, appear the names OF
Peter Murphy and Micajah Hughes,
the one a Director and the other Presi
dent of the First National Bank. On
Mr.. BIS bond for the second term ap
pear the names of Micajah Hughes
President; Philip Hughes, Peter Muir
phy and Peter Schwab, directors of the
First National Bank.
Mr. Brant retired from the Office and
was succeeded by John G. Lindley
who took charge of the Treasury il
1868. On Mr.. Lindley's official bono
were the names of John B. Cornell
Cashier, and Philip Hughes, director
of the Fret National Bank.
Thefirst violation of the sub Treas
ury law began under Brant's admins
tration; were continued through it,anc
continued by his successor, Lindley
until short time previous to the de
falcation of March, TO
During these six years the bank, i
will be noticed, was always on the of
ticiaI bond of the Treasurer, and 70
four years the Treasurer was a stock
: holder and part of the time direeto
of the bank Sohn, bear in mind, wa
director of the baak during Brant!
last term and Lindley's afterward.
DID THE BANK RECEIVE DEPOSITS
When Mr. Reemelin, under appoint
ment of the Auditor of State, mad
his examination of our bankrupt coun
} ty Treasurer, in March, 1870, he foun
it necessary, in order to trace, it pos
sibfe, the missing money. to examin
witnesses. The testimony so givel
was under oath.
, Mr. G. F. Elliott, so testifying
said:
81 know from Mr.. CornelPs lip
I and Mr.. Lindley's and Brant's, tha
, the FIRST National Bank had receive
! the deposits of the Treasury from 81
to 100000; that Lindley's deposit
f on the first of last January was $40
? 600, and in the latter part of the m ont
e 100000 and continuing MIR. E. say
further: "At the time Lindley SUI
ceed Brant as Treasurer, Mr.. Corne
I(CocL;or IF tho Rirot JNJotiopaI RoD 1
and Mr. Brant walked down to tt
Treasury, and this was done in til
presence of Cornell Hereupon Line
r ley was told by Cornell that the Fir
National Bank always had held tt
county deposits, and that be (Lindley
would make nancy by continuin
them He told Mr.. Lindley that
had just paid Mr. Brant $4,000 as il
terest for his deposits. Mr., LindlC
agreed to make the deposits, and Il
sr money was taken back by Cornell"
Mr. Cornell, Cashier, testifying
to Mr. Lindley's deposits in the Ban
says:
Il find the highest balance due NJ
lie Lindley was Dec. %, 1868. amountiI
% to S112, OBJ 70, and the lowest Febr
re ary 27, 1859, amounting to S35, 5,259
~ decline to answer whether believ
II this money to be public money"
'e All this time while the bank W
le banking on the County Treasury, N
u Sohr was director thereof
DID MR.. soHN, AS DIRECTOR, coNCE
a" THE DEFALCATIoN
The defalcation of Mr.. Lindlev (
5S 800, 900 was discovered in MarC