The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-18
BANK DEFALCATIONS AND FORGE
RIES.
The Atlantic National Ba Apple alton
20 Declare the Bank an. Involuntary
RAJ

The Atlantic National Ba ntIon
to Declare the Bank an Involuntary
Bankrupt.
Yesterday an application was made to Judge
Blatchford In the United States District Court on
the part of some OF the creditors OF the Atlantic
National Bank for an order calling on the officers
81 the bank to show cause why the bank should
not be adjudicated an involuntary bankrupt and
an assignee appointed TO collect and distribute the
assets OF the establishment among its creditors
rms appilcation was resisted on the ground that
receiver OF the bank had been already appointed
ey the Comptroller OF the Currency, who now held
the assets OF the bank with view to the settle
ment or It's affairs and that under the bankruptcy
Saw OF the United States, there no jurisdiction
M the Court over OF this character especially
as the Comptroller OF the Currency had exclusive
power TO take possession of and wind up tire aifars
Of an insolvent national bank. Judge Blatchord
that he did not believe the Bankrnptcv Court haa
jurisdiction of case of this character. The order
was made returnable Immediately. for the purpose
o. having an appeal taken TO the Circuit Court to
decide the question OF jurisdiction.
The Bank OF England Forgery-Case or
George Observation-Disclosures Examina-
tiOn OF the Accused.
the further examination OF George Mcdonnell
who is charged with completely in the alleged
Frauds upon the Bank OF England was resumed
yesterday before Commissioner Joseph Gutman, at
bis office In Nassau street.
Mr.. 7. F. Marbury and Mr.. Charles NJ Da Costa
government and the latter for the Bank OF Eng
land and Mr.. Brooke for the prisoner
Mr.. Archibald. the British Consul, was also pres
emit
counsel for the prisoner expressed desire to
lcrossexamine Mr.. Archibald. This was objected
20 6y Mr. Da Costa, unless counsel called Mr. Archi-
Dald as his own Witness The Commissioner held
hnat counsel for the prisoner had the right to
OrOss-examine Mr. Archibald.
:. Mr. Brooke then proceeded to cross-examine
nfnh hat In
nad made the complaint in this case upon
certined and authenticated copies OF the warrant
rom tue Lord Mayor OF London, Sir S. II. Water
CERES, and upon the afidavits and dispositions
which had accompanied those warrants: these de-
positions and affdavits set forth the particulars OF
She accusation against the prisoner; he received
them on the 22d OF April before that time he had
tcarned something or the nature OF the case by |
telegraph, on the 18th OF March, and also by COM
mnnicaton from the solicitor OF the Bank OF Eng
Mr.. Brook contended that the proceedings had /
net Deen based upon the original dispositions on |
winch the warrant was issued. Before this pro- |
ceedlng mad been commenced another had been |
mad upon the original warrant. He claimed that !
only one warrant could be issued, aud that the I
warrant In this case was not the original one. i
Ihe commissioner ruled that the warrant OF the |
Lord Mayor OF London, upon which the present
proceeding was based, was the original one.
Mr., Brook then offered in evidence the entire
Secord Of the previous proceeding.
This was objected to 10y MIR. Da Costa.
The Commissioner admitted the warrant In EVIL
leqce.
:. A long legal argument was then gone into by
NJ Brooke for the purpose of showing the cOnstruc
uon OF the law OF 1S4S and 1860 with reference 10 |
extradtlon cases. He also put in q series u OBJ |
lectlons TO the various dispositions that had been 4
Dnered in evidence on the part OF the prosecution
The Commissioner sustained some OF these obec.
lions and disallowed others.
The case was further adjourned.