The New York herald., 1873-10-19
MR.. CHARLES HUDSON CALLED.

Charles Hudson was called and sworn. He said
he resided in Brooklyn and was cashier OF Sherwin
Co., bankers, No. so Broadway; have been there
since June last; have not been in the habit OF re-
ceiving communications from defendant-the firm
have; this draft was received by the 1rm cannot
say exactly when; have memorandum on the
books for it specially the vouchers ticket would
show; my endorsement was made to deposit the
draft In the Bank OF North America to the
credit OF F.. r. Sherwin Co.; the proceeds
were credited in house to G. H. Phelps, cashier;
these proceeds were drawn from our house; IT was
between August and the middle of September; 1T
was drawn by check In currency; can't say to
whom; we have paid some to Mr. Phelps and some
to others.
Mr.. Moak asked how much Mr. Phelps had de.
posted with this house since July l.
Mr.. Birdseye objected asking what that question
had to do with this draft.
Mr.. Moak replied that 1t was to show the intent
OF defendant
The Court thought the question proper.
The witness said iJ was about S150,000; his ac-
count was first opened about the 1st or middle Of
July last; Phelps has had no transactions with our
nrm as broKers don't know OF his dealing in
stocks; his account has not been balanced; think
his account is overdrawn; can't say when the last
deposit was made, but think about the middle OF
September; don't know of anything having been
received since then; Mr.. Sherwin opens the mails;
his family resides at Flushing during the summer;
don't know OF any drafts being cashed for Phelps
since the middle OF September don't know OF any
one representing the company OF Sherwin Co.;
am bOokkeeper; keep all accounts except stock
accounts, which Sherwin keeps; pay money over
the counter; never paid currency over the counter
to pay Phelps; one check was for SIS, ,ooo and one
Tor $4,000; can't say exactly when the s25, 900
was paid; it might have been in August; it was
prior to the 18th OF September:
THE TEN THOUSAND DOLLAR CHECK
was paid afterwards; the endorsement, 'Charles
H. Phelpsn is in the same handwriting as the
other papers; not to my knowledge was
Sherwin 4 Co. ever made the depository for
State funds by the Treasurer; have no Knowl-
edge OF their ever being so made by the
Treasurer or Comptroller or either Of their
deputies; the first deposit Phelps made,
U0 in In fire hnl oh fhnt
time; Phelps called there about once week,
usually on Saturday, aoout the middle o. the day;
hours; have no interest except as clerk in Sher-
win Co.'s house; we kept accounts In the Bank
OF North - America and the Bank OF the The Common mon
ofNorth America: there were about dozen checks
used in our business with Phelps.
The witness was then examined by Judge Birds
eye for the defence He said:-l an not able TO
tell at what time this draft was received. The wit
ness then stated who received the drafts for de-
posit who deposited them and who paid the
Cheeks the business was done by himself and Mr..
Sherwn He said II received this draft from Mr..
Sherwn; supposed 1t was handed me with others;
sometimes received money with drafts, and the
gross amount was credited to Phelps; the account
was opened to the credit OF Charles H. Phelps: this
draft was entered, and remained there until
drawn by Charles II. Phelps cashier all his checks
ceived IRON Phelps were credited to Charles II.
Phelps, cashier, and paid to him as Charles III.
rs on account Of stocks; gave Phelps credit for
this draft soon after receiving II on same day.
Witness was asked II he knew whom Charles Ill
Phelps, cashier represented.
Mr. MOak objected.
Mr.. Birdseye SAID this was material, as tending
10 show that he was acting for the state and tha5
all these drafts went into this house without ms
mark upon them
Mr MoaK replied that no money is PAYABLE with
out the signature of Ralnes, the Treasurer, and If
we could show that Phelps used certain means
to secure the money, and that means was to repre-
CASHIER OF THE STATE
and thus impose on parties OF whom he sought to
Moak insisted that it was part or the scheme
adopted by Phelps to secure the money and would
have no bearing against ane eharge az e. me only
to steal II makes difference what means he
resorted to to accomplish his purpose.
The Court was OF the opinion that this would be
simply proving the declaration OF the defendant
and thought Mr. Moak's. objection not good.
Mr.. Birdseye said that a declaration accompany
ing an act was admissible.
Mr.. Moak withdrew the objection.
witness replied that he had no conversation
with Phelps as to whom he represented cashier;
have seen Phelps making deposits with Sherwin;
Sherwin brought them TO me and entered them;
they were all by Phelps as cashier, except one or
TWO small ones OF currency our house was simply
the holders OF these moneys Tor Charles II. Phelps
TO Mr.. Moak-The deposits we're made in the pri-
vatc Office with Sherwin; they numbered six or
eight, and varied from $1,000 or $4,000 up to
sac. 600; don't remember or any Of $50, 900.
The Court here took q recess Tor twenty minutes
90 obtain certain papers
ON recOnvening witness was further examined
by Mr.. Moak, and asked II there was not an ac-
count opened there last winter under the name OF
n r. Phelps and said he was not there last winter;
tht,e was an account with T.. b. Phelps, but this
is the first time knewtt was the same person;
fnese accounts were small and amounted to only
about $4,000; don't remember when that account
was closed: don't know Il. b. Phelps; don't know
A WOMAN NAMED LOTTiE STEVENS
the account of Charles II. Phelps was opened In
July; the first deposit was OF $500; don't recoect
the amounts Of subsequent deposits; rccollect
there WAS one OF about 100000 don't recoect II
fuere we're two OF about $4,000; ! recollect two
items In one deposit OF $200Uo each, but do not
yecollect OF ST. 900 additional at the same time the
aggregate OF deposits IL about $l6Ooo0; rec
o.cct Phelps drawing various sums ron
$4,000 to 100000 but DON'T recollect tue
dat,s; don't recolIect Of woman ever
drawing money on PHELPS check: saw