The New York herald., 1873-11-30
FRANK L. TAINTOE.

He Gets Seven Years mTfsonmcnt I'm
Albany neutrality-suspicious. Benedict
Rebukes the Cuipable, If not CrirninaI
Conduct OF the Direet tors. n the Attain
tie National Bank.
In the United States Circuit court Prank L.
Taint0r, who was convicted at q recent term OF
the Court, before Judge Benedict, OF having
embezzled s425,oOo, the property OF the At
nntic National Bank OF this city, OF
which establishment he had been cashier
was brought up yesterday for sentence.
1t win be remembered that new trial was sought
for in this case on the ground ss alleged by the
prisoners counsel, that the Judge had Improperly
excluded an ouer OF evidence to snow that Taintor
In using the money OF the bank in stock specula-
rons on margin" in Wall street, acted with
the knowledge and consent OF the President and
some OF the directors OF the bank. The motion for
q new trial was refused, the full Court sustaining
the position taken by Judge Benedict
When the matter was called on yesterday the
District Attorney appeared on behalf OF the gov
ernment, and Mr.. J. c. Carter, MIR. A. Oakley Hail
and Mr.. John Sherwood for the prisoner. Taintor
sat near them; he appeared enrrely calm and col
lected, was neatly dressed, and looked perfect
picture OF utter Indifference
The District Attorney-I move for the sentence
OF the Court on Frank l.. Ta1utor. He has been
convicted OF misdeneanor, and the Imprisonment
for that offence is less than Eve nor more than
10 years
Judge Benedict then pronounced the following
SENTENCE
The character OF the crime which you have com
mitted Is marked 10y the punishment which the
statute innicts IN cases OF this KIND. Under the
statute the crime Is oil such character-that ls
the abstraction and misapDllcaton by an officer OF
q national bank ol the funds OF that bank however
NEUTRALITY-SUSPICIOUS. IL ls regarded the law as de.
serving Of at least, FIVE wears imprisonment. The
was for ,la-
voted TO an improper use a large 1rofn
THE CAPITAL OF THIS BANK
and wilfuIly nisappned II for the purpose Of stock
speculatlons. In those speculations you used a
very large portion Of the entire capital Of this ma.
tional banking association. The magnitude ol this
crime would seem to indicate the highest degree
OF punishment suggested by the statute, and In
undoubtedly be the duty OF the Court, III
case OF this description, 10 nfilct the
highest pun punishment ,ne aotngr~ed nt1 eS m by t9e
exercise mercy In sentencing a prisoner where it
can be done with due regard 20 the interests
society but the interests OF society and due pDn-
ishment Tor criminals must not be overlooked by
the Court In passing sentence. have sought, in
the facts presented To me on your 0enal
would enable me to reduce the term OF
Imprisonment Indicated as proper by law IN q
the fact that you have hitherto borne good
character That affords but little ground OF mif8la
ton n case OF tins character because crimes o.
ihls description are committed by men who have
borne good characters: and neither the Character.
nor the position, nor the wealth, nor the power or
tne men who have committed crimes ike this
should serve 10 mitigate their offences when con.
vlcteo MY attention has also been called TO the
1act that your
DEALINGS wiTn THIs MONEY
we're not ior the purpose OF making profit for your
ten but acbievlng a benefit 1or the bank. Pecu- |
mary proht ~ not the only motive which impes 10 |
.he commission OF crime. The desire 10 acquire /
rSmeI ana reputation, to achieve what men call |
mN.oss nn. IN business, Is with some men u more /
s"p s,a ,,lm ,s motive than desire Tor pain,
-, ,Vs aess motives undoubtedly had great influence
.ran"ape enhe you to the commission OF this
'h's were motives VI personal aoxan-