New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-31
THE COURTS.
TRIAL OF EX-SENATOR GRAHAM.


| MARKET SAVINGS BANK.
| The trial of ex-senator William NJ. Graham,
charged with misappying the funds OF the Waikiki Ma
tona Bank begun yesterday in the United states
Circuit Court before Judge Benedict. ExJudge ruler
ton appeared counsel for Mr. Graham who preserved
very quiet and confident demeanor Assistant uhi'eo
States Distrct-Atorney Purdy conducted the prosecu
tion and his opening remarks to tue jury spoke Suo
stantially as follows
The prisoner indicted under Section 50 OF tue VA
| tional Bank act, which says "that every fIosuehh
director cashier teller agent. OF any ,ho
moneys, funds credits OF the association OF ,n cir
without authority from the directors Issue ., Pu ha
culaton any Of the notes Of the ASSOCIATION oonuic
be deemed guilty of msdemeanor and upon cor ,ess
ton thereof shall be punished by IL m
detod for converting and msappyng ,fs to prove
such charges except by surrounding eua
the OF this point so clearly W s
Kun OF sns CONVICTION We shall show you that when
the bank suspended the directors made an efamasir
snou s rs $500 and saSoco in deposits had dis
appeared with the exception OF about 5000 On tnas
Nov 49, s72 the directors also discovered that
the cashier had absconded, that Graham was absent,
and that tho bank was in charge ars ,rs,anos.
| Graham embezzled the securities OF the Waikiki
National Bank for the purpose OF negotiating call loan
Iron iV withdrew from the First National Bank money
deposited to the credit OF the Waikiki National Bank,
1ste r up ' es loan referred to- The Investigation Of
tbe affairs Of the bank shows, going back 1t does
The cashier In February. 1871, the bank in
solvent condition, and the Controller of the Currency
wrote to Mr. Graham saying that the aars OF the Dank
and that for the future. they must be properly
attended to. propose TO select few Of the many
transactions Of the Waikiki National Bank and submit
them the jury SO that they may perfectly
and the cashier kept stock account with Jay Cooke
Co. and that checks were drawn on the funds OF .ns
we're applied on that account Now the books OF that
bank show such account, and yet u appears IRON
them that the money was paid to Jay COOKE 20 ~
will further appear that Graham Endorsed large num-
Der left at the bank for collection sold ne 70
that Mr. ConklIn of the Market Savings Bank MT; era
ham and Mr.. Horton the cashier Of the Waikiki Ma
tlonal Bank engaged in stock speoulaons That their
accounts kept Ia the former bank that Grahams
ep' II in mt the National Bank
deposited them IN the Market Savings BANK as secufes
for his call loans After CoDkiin had left that DanK
Graham took from his securities to the amount OF
sll 9lT 25 On JAN 49, 1872, Graham drew checK ior
that amount and paid It to the Market savings banh
hut il was not credited that bank until almost y
month after.
Judge Benedict here suggested that as conviction on
any one count the indictment would DO sufficient, IL
would be better the Government not to go into all OF
the counts at first Acting upon the Judges suggestion
Mr. Purdy said that he would for the present take up
the count charging Graham with paying to the Market
Savings Bank &lel7 rs Of the funds OF the Waikiki
National Bank and the following witnesses TESTIFIED IN
behalf Of the prosecution:
Abraham A. Bromley-I reside in Middletown Mr.
Graham as the President OF the Waikiki National Bank
IN That place was one Of its directors when it failed
we had meeting the third day after the bank tailed,
| when we found that Mr.. Graham had been ABSENT we
! sent for him and asked him what had become OF tne
money he had taken from the First Natlonai banh no
said that he had given 5000 OF IL III nVeWeny oonu'
| his father-in-aw. Mr.. Denton. , ,a,.
Ebert HegemanI assistingthe assignee in closing
up the affairs Of the Market Savings Bank ana was
the assistant teller OF that bank the book handed 70 me
Of the banks books and II contains re
rlyl The check shown to me is indorsed ames Den
mis-. Receiver of the Market Savings Bank" and Mr.
Crabans signature is on check 1t deposited III
the National ParBank By the Market Savings Bank on
JAM 1872 the day Of It's date the cut on II SHOWS tnas
drawp by Mr. Graham the books OF the Market Savings
Bank SHOW was esd aes OH see
the prisoner pay anything III connection WIN 'ne Ao
the witness said that he had not and he directed
10 stand aside.
James Denns-I All an appraiser OF real esta,e tne
check handed bears my signature, ana wheh wroe
IL was tue receiver Of the Market savings BANK lne
check rs to M order both Horton and Graham mad
ca loans in that bank. aud was one OF It's trustees pc
hank few days as receiver Graham and Horton came
to take up their loans, and they dd SO III order 10 I've
tod me 10 DO SO on Jan %. 1872, when Graham and
Horton take up their loans fonnd the amount
OF The check from the books, and gave them nothing
but the colateras and the call loan notes the checK
balanced the prisoners account.
The cross-examinaton elected nothing new, and the
check was admitted evidence 1t was for si,sl7 49,
edDess 10 the bank
II p Muls-I was the general bookkeeper Of the
Market Savings Bank and the book handed 10 me is me
caI loan book of that bank kept 1t, and II contains
can o account: was present when Graham
10 take ND his call loans and he said that he wanted 10
tale nm ali loans standing against him; be paid the
smount OF the loans and the securities were handed 10
hun on Jan. &c. 1872 s % balanced Horton ana
Grahau.'s account with the Market Savings BanEH
Mr. Purdy put in evidence the certificate OF the or
rau.zation Of the Waikiki National Bank.
Can Psker-I am cashier OF the First National
Bank this cheek Gt was the check for $ll.s7 25 was
pa in full with the funds on deposit to tue credit OF
The Waikiki National Bank. l
b. A. Nc Donald testifed-I am an accountant expert
and have examined the affairs OF the Waikiki National
ne trst National Bank in the Books Of the Waikiki
National Bank found account Win tue Market
savings Bank.
Mr. Purdy here asked the Court to direct verdict OF
guilty IL the jury believed that Graham used the cheek
in question TO take up bis call loans in the Market Saw
ngs Bank Judge Benedict said that he would do so III
the absence any evidence the part OF the defense
Ex,Judge Fullerton-Suppose. your honor that on
the same day in which Graham withdrew the sil97 IS
from the First National Bank. he deposited an equal
amount from his own private funds.
I,dse Renedict-That would make difference IL
Graham Illegally laid his hands upon the money depos-
tied to the credit Of the Waikiki National Bank. lie is
guilty.
E1Judge Fullerton is very evident that we have
heen taken by surprise introduction Of the books
Of the Market Savings Bank and desire time to eI-
anime them MY client thinks that he can show that
the call loans were to the waikiki National Bank
E1.Judge Fullerton given chance to examine
the books and the Court adjourned till to-day.
ROMANCE OF A MURDERER'S ESCAPE.
END OF THE MAGGIE JoURDAN TRhL-THE CASE
GIVEN TO THE JURY.
The trial of Maggie Jourdan, accused of