The New York herald., 1873-10-30
CONVICTION OF FRANK L. TAINTOR.

An Important Result Reached In This
Case-Bank Directors Not Clothed with
"War Powers'-Ruling ON the Law by
Judge Benedict-Motton for q New
Trial To Be Argued.
The trial OF Frank l. Tantor the alleged embezze.
ment Of $4oo0 the property Of the Atlantic National
BanK of which establishment he had been cashier,
resumed yesterday in the United States Circuit Court be-
fore Judge Benedict and the jury.
The District Attorney appeared for the prosecution,
and Mr. A. O. Hall. Mr. J. G. Carter and Mr. John Sher-
wood conducted the defence.
Law.
Mr.. O. Carter resumed his argument on the point OF
law raised the day before behalf of the defend
ant He said 1t apparent from the evidence that
Taintor acting for tho benefit Of the bank 1t could
not be held defendants counsel looked at it. that the
necessary consequence Of act proved against Taintor
TO defraud the bank If the speculation had gone
through in the way he designed, who knows but that
the general result would have been benefit and not
fit had resulted proaby and the bank received
the full benefit OF the speculation would it not be doing
violence all reasonable consideration to characterize
the act as one with an intent to defrauds
The District Attorney replied He discussed the ques
on whether the directors could give such authority
that claimed by the defendant taking the money Of
bank and using it in Vail street operations
GIN whether if they did give it it repudated
the presumption of criminal intent Consideration must
be given to the question whether the prisoner Intended
the result OF his acts He took the ground that the
intention OF Congress was 10 make embezzlement an
offence, because embezzlement implied fraudulent
Of another's funds The element Of fraud necessarily
came into the case. He cited largely from English
% n and as s
sd S S ha ms
very fully and as well as he could and he had little hesi
The pyns,ps that @ Ss who way did
this rule 70 the charge M inst the
in the second OF RUSSELL 545. 1t did not require
When one did what was illegal he must incur the ncces
he characteristic 81 this particular which
s ns q his Ct yn the TAX
@ :pe1
4 i
the real n;en to niure another person That was
case Of assault He saw no reason for not applying the
seen that
ment The consummated risk was thrown on the
s should e tG Ike
case This was not merely private injury. These
PUBLIC INsTITyTroSs
their capital in such al business as his and for this rea
son an act as the one IN should be con
ta strictly attended with corrupt motive,
pect q he This transaction must come within the
'1'' = NO IseIt Ju,rtv,cAr,os
T. !isSIs sS%
4G. mot the
en S
rueion @ q the 4; law was 90 beGaas: woad
that might arise where it would be
sary for bank director; E.ss tS s,erslss ,eTas.n
and that any rule which would hamper them would be
tnst directors OF banks had no war powersw They
the men in their position Would dresard
the law IN certain circumsance. That was the reason
ina as well a. illegal and he had already said such
View rule % Or iIseior Cashier ns
Ss Ssn e Of sr% sn s a. act that
and from tie relation q the bank % he public the ae.
+. Operation whie$ iund; he bank were
nsly lsnssrred ihe capital of bank Into margin icr
tent Or tending e show motive Looking p0ssbIs
only have the minds the 'y jury
hs una shs@ m6Sa RpsS 'Ss Question
n rs ssM he & Hs df eT nS ss o
about il be wrong he would give the defendant
ton Tor new trial. ii i became necessary be would
the opinion oi those Wiser than he was that new trial
should be granted, such trial would be allowed and all
the evidence excluded under his present ruling could
then be put In.
Mr. Carter said he understood the decision OF His Honor
70 the extent OF saying that banks giving assistance
each other by pooling greenbacks' should be In
diced He hoped the District Attorney would indict
them.
Judge Benedict observed that he knew nothing about
"poolfng greenbacks He had merely touched upon the
eson raised, agd he saw no reason for changing the
ruling he had made.
Mr. Hal objected that part OF the ruling excluding
eydence as n ere was mo- intent 70 deraad the
Judge Benedict did not understand that II excluded
MI Hai-Do you not assume that the question Of
bczzcment be tried by juryi How 1T possible tor
) show absence OF fraud without intentf
Judge Benodiclf IT turns out that am wrong In my
ruling you have q new trial. The question OF the
admission Of the offered evidence can be argued before
my associates and myself II they not OF my opinion
shall, OF course, submit TO their Judgment but II my
ruling Is correct, suppose your defence Is good.
Mr.. Carter-Your Honors ruling has iarly preserved
the rights Of the prisoner .
Mr.. Hall then submitted the following offers to the
Court
Trst-Dcfendant insists that, in addition 70 testimony
already In the the prosecution must offer evidences
intent njure and deaud the association and IN
support OF such allegations IN the indictment
SscondDeendant for the purpose OF seeking 10 prove
info m In