The New York herald., 1874-05-06
NEW YORK HERALD WEDNESDAY, MAY l874-TRIPLE SHEET

loaned it out for nve per cent; this is one OF
the reasons why made the loan.
sprague were. they in the possession OF the Com
missioners Of the sinking Fundf A. They we're In
Sinking Fund was derived from the negotiations OF
your securities about the time OF the suspension OF
the Trust Company A. No, SIR.
General McQuade was recalled aud testified that
the nrst certificates Of the JEFFERSON car stocks
corrobOrated Mr.. Spragues testimony as to the
raising OF the $751; 900 In 1879.
coMpTROLLER SCHROEDER WAS CALLED FOR THE
DEFENCE
and examined in rebuttal.. He testined:-In the
summer or 1873 I received transfers OF property
from Mr.. Sprague; It was made In writing; there
was also an instrument given to Mr. Chauncey for
security to the city and security to Mr.. Sprague's
Chauncey received any money from the transfers
tns s q On the traassrs ;a 5000 was % realized
on the note OF Allen q McDonald; |
4 sprague for $4,000 transferred to the city |;
there IL such property as Erie Junction stock
OF SIS 500 is held By tIs Futon Bank as security
don't know as this stock has any value beyond
s2s,5oO; the cashier OF the bank says it couldn't
Mr. Sprague transferred to me the JEFFERSON car
stock; believe this stock Is pledged to several
parties; $4,000 CT 1t is pledged to the Fulton
Bank; the stock has no market value that know
OF; it is not quoted in the market to my knowl-
S DOM know o. any value Which 4 mas
recollect that Mr. Sprague transferred to me stock
Of the Brooklyn building Association; am not
gen, N. j.; the Academy Of Music stock is sold
from ninety to par; don't know the value OF the
OF the Wlllimantic Railroad are not quoted;
think they could not be sold except for nominal
Club note for s1oooo expect We sv viii ret Il a
the Corporation Counsel sued for IT.
Q. So that you haven't out OF SIS 600 on account
A. ! haven't attempted to realize ANYTHING on it.
[rhe prosecution here put in evidence the assign
trolier Schroeder. OF the various stocks and col
laterals dated. The agreement between the sure
ties OF sprague as City Treasurer, and Comptroller
Schroeder was also put IN evidence by the prose-
cuti0n.
MIR. Scnroeder-The last paper was executed
ceived any thing from Mr.. Chauncey so far; the
total far realized IS 81, 800; recoliect the inter-
list OF Sprague's property; lately Mr. Veeder in.
CURED OF me about some stocks, and ne mentioned
tnem h az nSying oeea 1y
the time Mr.. Spragne transferred these securities
to me he said ne was transferring all that he had;
he did not say that any OF his properties or securi
ties had been distracted by any one.
On the cross-examlnation Mr.. Schroeder said he
recOllected that
Mr. SPRAGUE SAID THAT HE WOULD MAKE ALL LOSS
GOOD.
whether he was liable or not
z. Haven't you any recollection Of Tire Brooklyn
building stock being passed over to your A.
have not; compared the securities with the as
are in my strong box MI. Veeder. / think besides
myself, has been to the box; last fall Mr.. Veeder
Mr.. veeder subsequently examined the securities,
and think then he inquired about the BROOKLYN
building e STOCK; nave no recollection OF giving
ule shown
q. Do YOU reco,lect OF signing that receipt A.
made up BY one OF my clerks. don't see the
BrooSlyn building stock IN the schedule.
up receipt). DID you make out and sign that re.
q. what is it fors A. $4,000 worth of
teri; the small receipts were made on the
2slh Of August, and the assignment was
Brooklyn Building stocks; it Is possible that the
stock Is there II received 1t 1t Is positively nere
have no doubt that received everything tnat
@. 10 you reccllect the sprague \ Milford note
amberf of oSI Se F"on o. ao
for the prosecution, that Sprague had loan there
Of $2s,1a2 the coaterals being $5o,0cO OF New
the aggregate $4,000.
PRESIDENT Chauncey, Of the Mechanics Bank. testi-
mortgage MOI G for $1,000 on sprsxnes S house on waow
street., was placed in his hands in trust; ne nad
mortgages 70 him, having been enioined
from 80 dong by Sprague.
The case was then closed on both sides.
THE DEFENDANTS REQUESTS To CHARGE.
Mr.. Barnard OF counsel for Defence then sub
mittsd the following points, on which ne requested
the Court to charge the jury
First, the defendant asks the Court to acquit the
prisoner on the nrst count of embezzlng $500, ,0OO
because the point is not sustained Dollars means
proven to have been embezzed.
wherein It is charged that the defendant received
SIS, s12 81, and embezzled 4.495 thereof
- The he same 49, request also applied to counts T. l5,
&c. 20, 73, 76. 20, 81, IS, IS and SO for the same
reason as the first
quilted on the second count, OF stealing $500, ,O0O
which had not been sustained by proof. ON ali he
larceny counts the defendant should be acquitted,
qa0tIng volumlnous authorities going to show
that public servant who received money In trust
could not be charged with larceny II any part Of
The Court was asked, therefore, to charge in
yor o. ~ 81 n al s Z these IS s 6 counts
and 50. the Court was asked also to charge e. ior
acquittal In the third count, alleging the stealing
The defence claims that checks are not money.
but simply orders Tor money II the checks are to
reached the Trust Company that company. there
FORE Is to be deemed as holding the money In
trust Tor the city, and there is no embezzle ement
by Mr.. Sprague. Rodman was the agent oil the
Trust Company, aud the whole company must be
held responsible for his guilty knowledge MR.
Barnard quoted authorities showing that the ac-
tion oil an authorized agent renders corporation
liable at law Or the obligations he undertakes or
the endorsements he Is guilty Of)
similar request was made as to counts Q, Z, 10,
13 IA, 16, 20, IL 80, q, 3O SO, "a, 49, 40, H. al
81 4s 80, 81, IS, 81, 90, g. 65, 81, II, r. "A. IL
78 and 50.
The defence asks the Court to charge for acquit.
tai the fourth count for the reasons above given
Also on the ninth count, on the ground that the
charge therein tnat on The 9th OF October, 1870
check for S4, 495 had been embezzled by. SpraYue
had not been proved When taken it did not De-
long to the city. II was the property oil the Trust
Company, and on the check given to Sprague was
simply an order OF the company to the Nassau
Bank 10 Ylve him sum OF their money.
For a like reason 1t is asked that on counts H.
quitta.
Also on the ffty-eignth count, charging embez.
Element OF check of 1000, no sucn cneck having
been proven 10 have been In existence. Also on
the eighty third count charging Sprague with
having on the 10Th OF November embezzed certif-
Gates OF Indebtedness OF 900, this charge not
having been sustained.