The New York herald., 1874-05-07
BROOKLYN TREASURY FRAUDS.
Eighth Days Proceedings In the Trial Of
Cortland A. Sprague.
The sump're Up Of Counsel-An Inquisitive
Juror-The Court Asserting Is Dignity.

The sumrsne Up Of Counsel-An Inquisitive
Juror-rhe Court Asserting Iu Dignity.
Yesterday was devoted to the summing up OF
counsel in the Sprague case. Francis Herman ad-
dressed the jury on behalf Of the defendant and
Joshua M. Van Cott on behalf Of the prosecution.
The court room was crowded throughout the day.
Many prominent members OF the bar were present.
Ex-County Judge Dikeman and Corporation C0un.
sel De Witt were seated beside the presiding
Judge, Henry A. Moore, during portion Of the
day; County Clerk Herman occupied q seat di.
rectly in front OF the bench Comptroller Schroeder
sat near the jury box, while Surrogate Veeder
kept in close proximity to the counsel for the de-
fence, near the long table assigned to members OF
the bar.
The Court opened at nine O'Clock, an hour ear
Her than usual Mr.. Van Cott said, in accordance
With the expressed desire OF the Court, he had
prepared an abstract OF
THE COUNTS ON WHICH THE PROSECUTION RELIED,
and he read as follows:-'I rely upon the counts
which embrace the appropriations made and paid
for the Jefferson Car stock, Fulton Bank STOCK,
Long Island Club loan, the purchase OF the willow
street property and the purchase OF the Theatre
property. WILL mention these counts There are
sixteen in all The fith and eighth relating to
twenty-second, relating to the Fulton Bank stock;
the twenty-sxth and twenty-ninth, the Long
Island Club loan; thirty y-second and thirty.nfth,
Jefferson Car stock; fty third and Hfty-stxth Will
low street property; sixty-6rst Jefferson Car
Company; sixty-thrd and sixty-slxth. Brooklyn
Theatre stock, and the SEVENTEEN and seventy
third, Jefferson Car stock. There are two counts
In each OF the cases. the rst in each being for the
ombczziement Of money. There ere eight trans
actions, described under two counts, with the ex-
ception OF the 8th OF November, 1861 which stands
alone. There are fifteen counts, instead OF six
teen"
Mr.. Herman then began his summing up and
spoke until shortly after twelve O'Clock, when the
Court took recess for an hour.
Mr. KERNAN's SPEECH.
He reviewed In detail each financial transaction
involved in the case, contendng for the guilt and
sole responsibility Of Rodman, the trusted but
faithless deputy, and for the innocence Of Mr..
Sprague In concluding Mr.. Herman spoke sub
stantially as follows:-
The defendant comes before you and gives you
plain, straightforward story. He never heard nor
had the slightest suspicion that there was any
manipulation of the accounts until after this ex-
plosion OF the Trust Company. The Trust Com
pany had q right to loan their funds and
ne applied to them through Mr.. Rodman
for loans The prosecution claims that Mr..
Sprague should have known Of the condition
Of the accounts; that he should have footed
them up. Why, we all trust some one. I have
trusted clerks to attend to my accounts, and
might on the same ground be brought up because
Ofmy confidence in a trusted agent introduced to
me by gentlemen of influence The Trust Company
without his authority loaned the Central Bank
$65,o0o. When the bank failed Mr.. Mills who stood
high in this city, and who Mr.. Sprague thought
n nnf ctn tn IN n0 urp IN
him ana told hlm ne had got R0dman to loan the
money Mr.. Sprague passed this over on the repre-
sentati0n that it should all be made right ii he
would not denounce Rodman and turn him out.
A hard, suspicious man might, have turned him
Many merchant has saved many a young
man by such reticence. VIII you say he is
and s1 sn nc s woaa ransr
ccqrs VIM Is Daroe aa mg srrS wno
who steals dollar from my till must go to prison..
II Mr.. sprague embezzled ne must have taken this
dishonest intent shown IN any OF these transac-
tionss WHAT motive had hes lie had abundant
means to raise this money. When
is It reasonable to suppose that he would choose
When his counsel told him he was not liable for
the money missing ne said that. liable or not. he
snS and e and ge ny
handed over to the city the house where & ne lived
Sna al the me- w 90
property showed he had no knavlsh intent from
beginning to end. He never had the slightest
criminal intent What Is the history Of this man
am arguing to you that 1t is very improbable that
mango. in Central New York. He has friends there
VINO watched his rise with pride and who have
grieved at this disgrace. HIS history is the history
or most Of our successful men. His first business
venture in pennsylvana ~ Wv ialled; He came to New
the firm that had failed. Is such man likely to
turn thiefS He entered firm, and by his faithful
HIS record was model for young men-a record
OF honesty, integrity and success. His good char
acter for twenty-five years stands up Tor him so
strongly that no man Will believe that he would
turn thief and pllier at his time Of iie Why, gen.
MEN WHO ARE ROTTEN
but the shield OF my characters And very rarely Is
IT that the shaft OF malice can pierce the shield OF
such character as Mr. Sprague's ask you to
look into this case and say II You can hnd the least
sign OF felony In his acts. Il ne stole $1O2,OOO what
did he do with 1t When ne came into ONCE, in
1862 ne had q most prosperous business; he had
property in STOCKS and real estate; ne subscribed
$s360o during his term Of onlce; he traced In
Eagle ana other stocks and invariably made
WSea he hS' he d cendsd rs rs
this man Rodman. He has not his money
n mt Sa and Gn
himself when he is preparing to run away. He
mas transferred all he owns as security to the city.
All these things have proved to his counsel that he
Is innocent, as they doubtless prove to you. Why,
say the prosecution. did he not figure up the bank
balances 2 There were thirteen banks, and the
figuring up OF the deposits was a task that is not
80 easy as may be supposed. He had confidence
In his assistant, and confded all to him: How do
thieves act When he was raising $4,000 Mr..
Veeder got him 1000 more than he wanted. Did
he put 1t In his pocket No. lie said, T do not need
thistake 1t back" and 1t was returned at once to
the lender The Trust Company responsible for it,
Though Sprague made 1t up he was not obliged to-
Il was not his fault. Now, gentlemen, although
things may be said ingeniousiy against Mr. Sprague
that we cannot answer, We rely on you to acquit
hlm OF ali criminal intent l ask for verdict In
his favor that be may go out OF this court house
stripped OF his property, but clothed In his good
character, that his friends may have verdict over
which they may rejoice and nope TO hear your