The New York herald., 1873-10-28
THE PHELPS DEFALCATION.
Further Hearing OF the Accused Money
Clerk Before an Albany Police Court.

Further Hearing OF the Accused Money
Clerk Before an Albany Police Court.
ALBANY. N. Y, Oct 27. 1879
/ the case of Charles H. Phelps, charged with
the larceny OF draft for $4,000 while employed
in sne State Treasurers once, wss called again in
the Police Court Justice Mcnamara presiding, this
afternoon. Judge Brdseye, OF counsel Tor the
prisoner, said that in order 10 save time shey were
willing TO discontinue the further examination OF
the case He supposed the Court would commit
the PRISONER under any circumstances.
Jpstsce Mcnamara inquired what he would COM
init. the prisoner on.
District Attorney Moak said, upon thee barge in
the complaint.
Judge Birdseye said he did not believe the
prisoner was guilty Of the charge.
Justice McNamara-"Then IL win be best that
Frthe examination proceed He did not think he
was called upon TO commit the prisoner fully until
his counsel was satisfied therewas ground for such
!, District Attorney Moak said he presumed the
counsel had right to waive further examina-
MT. Chapman, associate counsel for the prisoner,
said they would give the District Attorney an OPP
portunity to show there was cause for committal.
| District Attorney Moak said he would go on,
then, and called Thomas Raines, State Treasurer,
| Treasurer Raines testified that Dewitt O. Ellis
was his deputy until some time in 1873, and since
then Fulton Paul; the prisoner was appointed
the moneys OF the State were Kept in several
| Albany banks, and also in the Manhattan Bank,
e sa pee
| with Sherwin 4 Co., New York, with his knowl-
edge; Phelps had NO authority to endorse o6lga.
thought his deputy did this endorsing; Phelps had
no authority whatever to endorse; he bad no
authority TO deposit money with +. X Sherwln Il
Co.; on the contrary, that would have been in
violation OF the State rule; witness did not give
him authority to make draft payable to Charles
The witness was shown a number Of kilograms,
which he identified as being In the handwriting OF
the prisoner, and which were mostly sent to New
| York to Sherwin Co. In September.
evidence a number Of kilograms sent nom New
York to Phelps, and others to him under the name
Jndwe s.dseye ~ ae objected to the competency Of
the evidence.
The District Attorney maintained that It was
proper, but said he would ask the witness certain
questions first.
The witness then said it was customary to ex-
| anime the books with the Comptroller about the
nrst of every month-from tine 1st to the 10th; on
the 27th OF september left word at the ONCE fOr
Phelps that wanted the DOCKS written up and
| prepared for examination.
The District Attorney then read the kilograms,
commencing with one dated August H.
Judge Birdseye objected.
| The District Attorney read one, as follows:-
Charley was very sick AL night but doctors say
This the District Attorney said, he understood
to mean that the examination OF the Treasurer's
| of an exposure. The District Attorney also read
one to Mr.. F. G. Chapman, now counsel in the case,
|
here He also read signed Harriet Snyder to Mr..
Phelps, calling upon him Tor settlement; also one
signed Edwards to Sherwin saying Charley had
had relapse, could live but few days and calling
on Sherwin to get medicine and come up to Albany
at once. This the District Attorney said, he read
as meaning that his rascality had been discovered
and il necessary for Sherwin to come to his re.
| lief with the money, which he called medicine.
The District Attorney then passed up another
batch OF kilograms for the witness to identity as
u II the e 81 f m NeM york
Phelps. They related to the business between
Phelps and Sherwin, calling for an interview, pay
ment OF drafts, &c. There were in all about fifty
OF these telegrams showing that the prisoner was
using the telegraph very freely In the months OF
August and September.
Charles Fl. sewel. manager at the Atlantic and
Pacific Telegraph ONCE at Albany, was then sworn
and identified the kilograms sent from his office,
| as also those received there.
John II. Dwight manager Of the western Union
/ Telegraph once at Albany, identified such tele-
! grams as passed through his office.
The District Attorney then asked Mr.. Raines II he
had examined the bank books to see II the $4,000
draft in question or the proceeds thereof had ever
been credited to the State In any OF the banks Of
depostY
Judge Birdseye objected, that this must be shown
by the books themselves
Alter some conversation 1t was decided that the
books must be produced, and to get them Lhe case
was adjourned until ten O'Clock A. NJ. tomorrow.