The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-03-27
AGAINST BossIEUx
DISMISSED.
A General messing or the Creditors
s.E Ordered. .sa.

"A OeR&FAA neeslAS Va SAV
Ordered.
This case was resumed ut II o'clock yes
terday, the points of law not having pee
argued by counsel, as was expected, Whe
the court adjourned on wednesday.
Robert Verne was the first witness callco
Stated that he attended to the fnancla
mart of the business of A. Capped d 70
The bank was indebted to the hrm q
the time of its suspension ABOUT SSO
and a small unascertained balance. b
drew the check exhibited in favor OF DE-
& Steiner as collateral for q debt. tqu
them. and had it certified before sending !
to Baltimore. The check given to 1. u
Briggs he had twice taken to the bank, ant
.navment each time refused. Had 1t certified
before he gave it to Dir. Briggs. AS ~
money could be obtained on it they bad beer
required to redeem 1t. The same was true
of another check given by them. Neither
member of the firm had given his consen
to the deed Of trust.
For the defence: Bank SUSPENDED pay
ment on the afternoon of the 25d OF Septeni
Der last. He had made deposit OF cur
rency-nearIy S250-in the morning OF LUZ
day, After its suspension he haa Draw
from it on a check Of the hrm S!2 ana SOLD.
cents, Since that time be had borro"es
ANAL sums of money from Mr.. Armisteao
which had been returned. The bank nao
offered them paper in payment OF their ac'
count. which they had refused 10 tahe
Am now ard was at the time OF making
i1e deed stakeholder in the bank, Du'
was moi present at the meeting Whlch
ordered The making Of the deco
knew that general meeting OF the stoch'
nolders was called, but neither ne nor MI
ranncl who is also stakeholder, was presen'
NJ that meeting, and therefore could not nave
er;rnn consent TO the deed Of trust. was
crescent at the meeting of the depositors OF
the link. Propositions Of various xmas
,vnre made at that meeting to wind up the
,,f,;rs IF the bank. His idea was that the
was clcd to protect the stockhold.
ars against any act Of the trustees. All
tbat was really done was to appoint COM
nittae TO confer with the trustees and see il
ANYTHING was necessary to be done. So far
IS he knew no subsequent meeting of deposit
.ors had been held. The question of en-
Iorsiuy the deed of trust was not agitated
n the meeting, but privately he had disap-
proved of that manner Of settling the af-
airs of the bank. The certified checks
constitute no additional claim Of the firm
lpon the bank. Had given Mr. Il. Bodeker
proxy to vote at the general meeting Of
tocknolders for officers, but did not author-
re him to vote for a deed. As to the
adger showing various accounts charged
0 them during the months of October and
Mir. Verne explained by stating
hat they had given several checks during
hat time, but did not know whether the
apk had paid them or not. The firm had
eceived only the amount previously men
toned. and this is the only one which to his
has been paid. When the 1irm
A. Capped g. Co. was entered into, the
mounts of the individual accounts of each
lember Of it was consolidated. aud both
ums placed to the credit OF the firm.
MR.. JOHN 3. BossIBU1,
he president of the bank, was called. Judge
Iorton asked, in view of certain orders
;hich be intended to ask for hereafter, that
be deputy clerk be required to take down
be testimony, as he might want it for future
eference. The Court then ordered Mr. Ad-
ins 10 take the testimony. The witness, in
e.ponse to inquiries, stated that he was
president of the bank from its foundation
ntil its suspension, his connection with the
ark having ceased when the trustees took
,ossession Of it. HID never formally re-
igncd the Office. His duties were those OF
supervisor, to overlook the general
fairs of the bank. Had no other
lowers than those generally conferred
mon presidents of banks. Had board OF
directors, from whom finance committee
vas appointed 10 supervise discounts and
pans. The committee recently in Office
we're Messrs. !. s. Tower, Charles Phillips,
stephen Hunter, and himself Did not re-
member " no the other one was. This com.
nittee were within call, aud had no regular
Law of mceing. The bank suspended pay
uent on the 23d OF September. Had small
mount of funds on hand at the time of sus-
,cnsiou. Did not know how much, as it
vas left entirely 10 the cashier. The bank
lid not resume payment after its suspension
IS a general thing, though
SOME CHECKS WERE PAID.
Put n notice in the papers in October that
lew accounts would be opened and pay
nents made on new deposits. Several old
iepositors were
PAID IN FULL
,r in part after the bank suspended. There
we're a good many of them, but be could not
now remember who they were. .....
Was shown a check of William E. Ty-
er, made payable to the purchase of four
mules, on the bank for the sum of 81 900,
given at date subsequent to the suspension.
Witness stated that he had never seen it
before, ncr heard of it, and knew nothing
Y hatever of the transaction.
Was shown his private account with the
hank as shown by the ledger, in which was
IN item charged to him dated Goth Deem
Der, 1873, OF S7,71229.
Witnes. could not tell how it came there
Without be could see the papers of the bank.
part of it he knew was for certain real estate
which properly belonged to the bank. His
account as John f. Bossieux, president, and
John K. Bossieux, trustee, were kept with
Ms private account, and portion of this
amount was accounted for by the transfer OF
certain real estate, which, to the best OF his
recollection, was between $4,000 and $4,000.
The conveyance would be legal at any time.
The property was thus
TURNED OVER TO THB BANK,
md the title could be given at any time.
The conveyance has not yet been made. 1t
consists in part Of farm on the Westhanl
plank. road; does not now hold the title, but
it can be obtained at any time; was 10 the
way of procuring it when the affairs of the
bank were given to the trustees. The en-.
tries in the ledger were made by the book
keeper under his direction.
At tbi, point Mr.. Howard remarked that
be was not the counsel for Mr.. Bossieuy, anC
that the witness must rely upon the court
to suggest when any improper question ba!
been asked. Mr.. BosseuS requesting tha
his counsel. Judge Meredith and Dir. Spill
man, be sent for, the examination vas sus
pended unit it could be done. ,-
Judge Morton took advantage of The inter
mission to stare that he intended when tht
nrdink of tho itlrr h,ra. bean fendarnd aSl