The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-30
The BROOKLYN TREASURY FRAUDS
Third Days Proceedings In tho sfai Of
Cortland A. Sprague.
Tho Case for the Prosecution Still in
Progress.

The trial Of Cortland A. sprague ex-City Treas.
urer, on the charge OF embezzcment. was resumed
IN tine Brooklyn Court OF Sessions yesterday morn
Ing. The court room was crowded, as upon the
previous days oil the trial. Mr.. William E. War
rem, the accountant, whose testimony occupied
Monday and Tuesday, was again called to the
stand and the redirect examination was contin-
ned BY Mr.. Van Colt, OF counsel Tor the prosecu-
ton.
In reply to Mr.. Van Colts questions the witness
Baid tsat the difference between the amounts re-
ceivcd and deposited by the defendant, as treas
urer, on the 10th OF October, 1870, was s4,995 IA
check OF the Trust Company for this amount on
the Nassau Bank, dated october 0, 1870, and drawn
70 the order or and endorsed by Sprague, was
producsd) The endorsement OF Mr.. Sprague made
the check payable to G. 9. Hall, OF the Jefferson
Car Company; on November II, 1870, tho deficiency
was 50, 900; the check Of November s, 1870 texhn.
lssd), was made to the order OF spragus BY tho
Trust Company Tor IS, 200 aud endorsed by Spragus;
Il was stamped as paid BY the Nassau Bank, and
was subsequently
ENDORSED ny JUDGE N'crE,
sYsy to order OF Fulton Bank" The date Of the
yulton Banks stamp was November s, 1870.
objection was offered by Mr.. Barnard, OF the de.
t6nce, who said that the prosecution mad now put
IN evidence transactions THAI related 10 what had
occurred between counts i've and eleven OF the In.
dictmenr. There were six counts on what oc-
cured october 10. and the District Attorney
had, therefore, elected his course. Counsel
objected to the District Attorney taxing
up any other transactions than those re.
Serred to from the nth to the eleventh
count. lie contended that the District At.
torney had alluded to the item OF Octo-
Der 10 and TRANSACTIONS concerning It involv.
ing the sum OF $4,000 The ninety counts Of
the indictment concerned only the same felony
put In different forms. 1t was an unhcard-of thing
that man could be put on trial for more than one
felony at one time. The prosecution had gone so
fAr In regard to one charge OF felony In this
that the defence might step in with right and law
On their side and compel the prosecution to con.
nne themselves to that one charge. They would
not DO permitted to pass on from that charge to
another and
LEAVE TIE DEFENCE IN DOUBT
% to what charge the defendant was to be held
On. Mr.. Barnard consequently objected to any
evidence which did not concern the transactions
ef0ctober 10, 1870.
Mr.. Van Colt, in reply, said that the prosecution
was not responsible for tmperfections OF tho law
the offence OF this oflcer Of the State now on trial
was very serious one. 1t would be well II q
hundred ielonies could DO proved. II would be
We'll Il ell these could be tried At once. II the
prosecution were put 70 trial ior one offence only,
O. q ali law snaT &c rSs wss %
enarge tho offence to be larceny and embezze.
ment IN the Same Indictment. and the prosecution
could not DO tuC to election at an early
stage. II q number Of lelonies seem to combine
In che Indictment to make one of1ence there is no
Of ~ with he Court IS
relation Of these charges. whether they tend TO
are nc
n the Judgment OF the Court they may be elini-
y s oarS: OF on aa w e
case. Evidence had been adduced IN thirteen
THE STATE OF THE TKEAsuRER's ACCOUNTS
On various dates; the defence had put in evidence
N reburtal trying to show an equalization OF &C.
She prosecutors counts was the weakest, and
then had attempted to have the prosecution con-
nne itself 70 what the defence Judged to be the
Mr. herman. Of counsel for the defence, also spoke
man could be tried Tor two murders, committed in
dtnerent years, at the same time. The prosecution
might have thirteen counts al! pointing to one
transaction but II q man had stolen twenty horses
THROUGH year they might try the cases all in one.
But In this case the prosecution had stated that
dence had tended to show that they were such.
They now attempted to give evidence That on the
14,99S. Up to this time they had confined them
selves to his receipt and deposit OF money as City
~ passing 70 TINS distinct case
not to be confounded by being tried upon distinct
0nences under the same Indictment; the law never
was SO; IL was no detect OF the law.
A PERPLExING QUESTION.
Judge Moore said that the question was very
perplexing one. In cases where the rule OF cleo
ton had been imposed there distinct lelonies
charged, but thus was different case. Here q
Pubic omcer was cnargea WIN co commit inc
the same person. II the Court were wrong the de-
fence bad remedy; but II 1t erred on the other
side the prosecution would have no remedy. The
objection was Overruled and the defence excepted.
the examination OF witnesses was then re-
produced and tie witness directed to turn to
THE ACCOUNT OF THE LONG ISLAND CLUB
O. January 10; 1871, and the private account Of
and August 1873. 1t appearing that the book dill
not extend far enough back in da.es, copy Of the
was conceded THAT the books OF the Trust Com
pany were not in 8 rague's handwriting.
Mr.. warren testified that on october IA and Is
1870. there was deficit OF 81, 500. check dated
the 14th OF October. 1870 10 order OF j. b. Murray
on the Nassau BANK Tor $50 signed by sprague
Mr.. Barnard objected that this did not relate to
the transactions Of october 10 OF $780, and OF
November II OF $500. Objections overruled and
counsel Tor defence notified the Court OF his nten-
tion to object on each OF the similar points that
Examination OF witness continuation 10th OF
January, 1871, the deficiency was $4,000; the
checks S Of NJ stn and 10Th &C.. Of January 1911 are IN
Island Club IN the Trust CompaDy's books, OF jan
nary 10, 1871, shows passed 10 the credit OF That
club an Item OF $40 750 the two tickets or deposit
BY Long Island Clup III the Trust Company and IN
THE HANDWRITING or n. T. RODMAN;
one shows deposit by the club OF $4,000; the
other shows eight different items, aggreeatlng
$3.50; on the note shown witness, made by the
club, dated LIST OF January, 1871, MI. Sprague's
name is indorscd: 1t Is for $4,000; o promise OF
+. }. Lowber, President OF the CUB, to pay to the
Trust Company the amount, with interest, giving
rs security bonds OF the club 10 the amount or the
loan; the deficiencies OH February %, 1871, was
$2,497 So; the check shown is Endorsed by
6prague, dated 2sth OF February, 1871. anu
Is Tor $2,4g7 60 ON Nassau Bank, and
payable to sprague ind0rsed by MIN to
George G. Hall, und deposited by him in Security
Bank OF New York; the deficiency on March l. 1871,
was 1881 o.; the check shown IS Endorsed by
Cortland Sprague; is . Trust Company check on
Nassau Bank. making payable to his order S9Sl 81;
1871. the deficiency was $4,000; the cneck shown
me IS Tor s7,73o w, dated April 5, 1871. drawn
Trust Company on Nassau Bank In favor OF Mas
eau BANK; ,hc deposit OF Treasurer tnat day III
the Trust Company was $13, 100 W; the check for
$7,73o " was deposited in Nassau Bank, leaving
deficiency OF $4,000; the same day the trust Com
panY gave cheek on Nnssan Bank lOr So. O0O. pnY-