The New York herald., 1873-12-31

TESTIMONY OF ABRAHAM A. BROMLEY.
Abraham A. Bromley sworn-I reside in Middle
| town; knew the Waikiki National Bank know
Mr.. Graham; he was President OF that hank;
know Mr. Horton; ne was cashieri recollect tne
at meeting Of the directors which was held about
the third day after the bank had closed-tne bank
rad hs on sne M nod haen ansem1 he WAS
sent for, and he came into the room; asked MN
about that money which he had taken from the
| First National Bank; he SAID he had brought home
the Ss 900 bonds and handed them to his iather-in
law, Mr. Denton am not sure II Mr.. Denton was
Not cross-examined.
TESTIMONY OF ELBERT HEGEMAN.
Elberl Hegeman sworn-I am assistant assignee
Market Savings Bank; was assistant teller OF
that bank book pT,oauce Mr. Gonkn the
Bank; do not know where he Is now, but sup
pose he is in Montreal; in the book produced. one
of the books OF the Market savings Bank there IS
| an account with Mr.. Graham and there is also an
| account with C. III. Horton.
Counsel was preparing 10 ask the witness what
was the last transaction as appeared by the books
which Mr.. Graham had with the Market Savings
Mr. Fullerton objected to the book as it was not
evidence against the defendant.
Witness to Mr.. Purdy-Ihe writing in the book is
made by Mr.. Mills.
Mr.. Purdy-It is not necessary TO bring him here,
as these are the books OF a corporation.
Mr.. Fullerton--You cannon bring the books OF
corporation as evidence against the defendant
without showing that he had some connection with
them.
Witness-The check shown ME is endorsed James
Dennis, receiver OF the Market Savings Bank;
Mr.. Graham's signature is on the check; this Is MI
Dennis signature on the check which saw on the
day 1t was paid; Mr.. Dennis gave the cheek to me.
The Court-Did you see the prisoner in connection
with it
Witness-No, sir
Mr.. Purdy offered the book in evidence
Mr. Fullerton objected on the ground that the
book was not evidence against Mr.. Graham. 1t
was not shown that he mad any connection with
Mr.. Purdy-The check has been paid.
The Court-That Is not proved.
Witness, in continuation, said The check was
deposited IN the National PARK Bank by the Mar
ket Savings Bank January 2d 1872, the same day
OF its date; the cut marks indicate tnat 1t was
paid by the First National Bank; The check was
drawn by the prisoner; the books OF the Market
Savings Bank snow tnat the check was credited on
them.
Q. What do the books show there as the in
deptedness OF Mr.. Graham?
Mr.. Fullerton objected. The witness was not
competent say what the books show.
The Court understand the government want
to show that Mr. Graham was indebted to the
Market Savings Bank to the amount OF the check.
Mr.. Fuuerton-l 40 not object to that
The Court-No one nan could give the details OF
the whole OF those transactions
Mr.. Fullerton-No, sir; but TO open page OF
book and read what appears on IL as against the
defendant would be violation OF all the rules of
evidence. There must be somet thing to show that
the account is a correct one. The account may
have been gotten up for purpose. One OF the
officers OF the Market Savings Bank, as has been
stated by Mr.. Purdy, is fugitive from justice, and
he may have used my client Tor some purpose OF
his own do not say that it is so but do say it
is the duty of the government to show that this
account has been kept in regular way
MI. Purdy-l cannot prove more than what the
books show.
The Court-You can bring some one here to show
that this account has been properly kept, as the
witness did not make the entry
Mr.. Purdy-He says 1t was made by MIR. Mills.
WtneSS-There are some entries made here by
Mr. Conklin, but al! the others have been made By
The Court-Dld you see the prisoner in connec.
ton with those accounts OF paying anything IN
connection with themy
Wltness-No, sir.
The Court to Mr.. Purdy-I think you must so
further.
The witness was then directed to stand aside.
TESTIMONY OF JAMES DENNIS
estate (check handed to wtnessJ this is my sig
nature 10 this check; at the time wrote this sig
the check Is to my order; Mr.. Graham and Mr..
Horton had call loans on the Market Savings Bank;
am speaking of my actual knowledge, as tar as
books; was trustee of the bank before I
was appointed receiver; a few days after
Graham and Mr.. Horton came down to take up
their loans; tnoy did so, and in order to give them
sructed BY my counsel 70 10 sc on JANUARY 2s
Mr.. Graham and Mr.. Horton came to the bank and
loans, they were prepared TO do sO | then
proceeded to comply with their request; there was
great crowd in the bank; found out the amount
OF the check by reference to the books; l got the
amount OF the balance from the books; Mr. Graham
ana Mr. Horton gave me hs e. check to
the collaterals; | gave MIN nothing but the col
laterals and the cal! loan notes cannot recollect
anything else except some Waikiki town bonds;
do not recollect the amount of the securities;
when took possession of the bank as receiver
found those call loan securities and they cor
responded with the amount OF the call loan notes:
know that the check balanced and paid the ac-
Cross-examned-I delivered up the collaterals
on that occasion TO Mr. Graham: | have no recol-
lection TO the contrary; Horton called with
ton is that delivered the coaterals to Graham,
but VIII not be positive about tnat, as 1T was .
want to take the amount OF the call loan note
until had consulted with my lawyer, because |
had been in the bank only three or four days as
receiver, and he told me 1t would be proper to
take it, 1t is only my impression that gave the
collaterals to Mr.. Graham; there were some Wall.
Kill and other bonds; deposited the check In the
Park Bank In the afternoon through Mr.. Mills; /
put the cheek in the drawer until II deposited;
endorsed 1t: do not recollect giving any special
directions about the check: lett 1t to the ordinary
course Of business; recolect distinctly that
compared the ticket with the account.
The check was offered In evidence.
Witness to Juror-I cannot now remember it;
the. check embraced Mr.. Grahams and Mr. Hor.
say whether 1t was the call loan note OF Mr..
Graham, or OF Mr.. Graham President Of the
To MT Purdy-I examined the call loan book to
see If the securities were right The book produced
amined; the securities stated here are Wakil
town bonds and Mannakatlng bonds.
TESTIMONY OF II. Il. MILLS.
II. r. Mills testiied:-i filed the position OF gen.
eral bookkeeper OF the Market Savings Bank, and
the book which is now produced to me Is the call
loan book OF that bank; 1t kept by me; 1t con-
tains MI Graham's account; when Graham came
to take up his call loans ! was present, and he
stated that he desired TO take up all loans stand
ing against him; the amount OF these loans was
paid by him and the securities were given up to
him. on January 25, 1872, $1l,7I7 25 balanced
Graham's and Horizons account with the Market
Savings Bank.
There was no croasexamination of the witness,
and
Mr.. Purdy offered in evidence the certificate OF
the organization OF the waikiki National Bank.
TESTIMONY OF GEORGE y. BAKER.
George T. Baker testified that he Is the cashier OF
the FIRST National Bank; this check for $l19l7 20
was pdid In full with the moneys deposit TO the
credit OF the Waikiki National Bank.
The witness was not cro5s-exanned.
TESTIMONY or u. A. M'DoSALD.
B. A. McDonald-I am an expert in the matter Of
accounts; have examined the affairs OF the Wall
XIII National Bank; on February 10, 1872, found
charged to any one, but was credited TO the First
National Bank; found in the books OF the Waikiki
al llnG ~ Ia no NJ l.tk 90