The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-27
FRANCIS L. TA1NToR.
The Atlantic National Bank Defalca.
lion-Thc Indictment Against Talntor


tion-Tho Indictment Against Talntor
Postponed.
In the United States Circuit Court yesterday, Judge
Benedict said that in the Of F. L. Taintor motion
had been made to quash the Indictment He had care
fully examined the briefs of counsel In this class
offences in England permitted by statutory enact
ment to ma an Indictment In which the precise sum
taken not averred the purpose for which II
taken Tho hardship Of such Indictment insti.
gated by the action Of the Court giving the defendant
bill Of particulars Offences Of this character in England
for the most part elonies but in this country by
statutes of the United States they made
nsdemeanors The indictment In question should,
therefore, be judged by the rules applying
to statutory One Of those rules applied
statutory offences was that was generally sufficient
describe the offence In the words Of the statute It
said by the Supreme Court Of the United States that
general rule ascertain the language Of the ndic
men and that every class to be decided by
their own peculiar circumstances BY following the
words Of the statute little information conveyed to
the defendant but the hardship of that rule mit
gated by giving bill of particulars. in this
bill of particulars moved for by the defendant and
the Court granted It. This left the motion to quash with
out any foundation unless 1t shown that the indict
ment- was IN other RESPECTS defective. 70 the
did not Su show that The Atlantic Bank was not
that ae
sppication = ne ccmptroer o. the Currency Il their
was contended that there such authorization
ms sn mda
b GO Ss
tectsd BY 6e statute, though not the Comp
before the COMPTROLLER Of the Currency authorized
tes ss S p n %s
ssSat ala rot sSsres Sst
% & s.
from bank matter in what capacity he was acting
@ osco "a The rs Ea o.
lection was that there was no specification when Or
tutins the em6ezziemsnt il was clear that i
ng ns Of
The offence was committed when any money Of the
tie Ssnf. Twas not necessary . sse paSasasr ds
q IL wn L As @s
what made money BY The laws q the United States
= SS S 7 Ses's ~ %Sss$
Judge denied the motion auash and held that the In
Mr. John Sarril, Of counsel for defendant, moved to
sSss Nj Sat a shs
s for has E
1t ss
Rm inc and shown no sSsa
lie Ss
naa h sd saes
strength his imprisonment owing to the repeated
calls upon him by the examiner and other persons In
had made 10 application for bail
MT Burriii-He viii not 20 far as know We ask for
little delay enable this defendant properly to prepare
hs defence We 90 not mean to setup plea Of insanity
Mr. Bliss United states District Attorney read counter
aadavi to eect that the defendant perfectly
we'll able to prepare for his trial. that Il was scarcely Il
the entries in the books would be confined 70 the time Of
the embezzlementto the time shown Ia the bill of
tculars that the prisoner had authority TO make demand
loans securtcs that he issued special loan checks
that the checks were deposited IN some other bank and
came back 10 the Atlantic Bank through the Clearing
HOUSE and that the entries In regard TO these transac
siSns were confined 70 three pages Of single book me
missions 70 parties that he had embezzled from the bank
The Receiver stated that he had c0nversed with
Taintor In regard to the assets Of the bank that he fully
went into the after ssecng What assets were 5000
condition 70 be tried aud that though be was nervous
in adAvits that the defendant admitted having used
np the Hcnss q X p Hoea IN %
United States prisoners confined In prison Ludlow
street. was called to the stand by the District Attorney
The doctor tesned that At the request OF the District
examination into the mental and Physical condition
OF Tainor; he saw him on Saturday afternoon and sat
with him an hour; no considered his mental and phyM-
cal condition good his memory was good he talked
clear he spoke Of this case with HIM he said he wanted
access TO the books. saying there were good many
Things his mind could not 60 back over without seeing
NJ Sss said he was anxious try the prisoner at ts
term Of the Court which would end on the 10Th Of june
Mr. Burrili observed that the District Attorney ap