New-York tribune., 1874-05-29
sPR4GUES AFTER1HOCGHT.

THE LATE BROOKLYN CITY TREASURERs SUIT TO
RECOVER THE SUM GIVEN To COVER RoDMANs 5
THEYT.
One of tho natural sequences of the result of
the spra ague trial Brooklyn up in yester-
day. in suit BROUGHT by Sprsgue to recover the prop
erty he had given the city to the loss ocoasond
by the defacaon OF Rodman. The late City Treasurer,
t will be rome mbered upon learning OF Rodmans def
ciences turned certain property to trustees for
Controller Schroeder as representing the City OF Brook.
vn He now claims that this done In ignorance OF
his responsibility III the matter, he believing
himself " be personally liable for the de-
falcations Of his assistant. Rodman. He
Is assured that this Is not the case and hence the
suit The opening address of sprsgue's counsel in tho
suit yesterday to put the plaintiff in rather bad
light con nyicting him Of sheer neglect Thus 1t is ad
mitted that Sprague Of $4,000 OF the ctys funds
having been taken to bolster up the Trust Company.
and that he take the pains to see that 1t
placed TO the city q credit The called at 1880
a. m Yesterday IN the Brooklyn Branch OF the Supreme
Court, Chambers. before Justice Barnard.
ExJudge Edwin Moore opened tho case for the plain
tiff attempting show that sprague was authorized to
deposit city funds in the Trust Company. He said that
it would be proved that the deficiency which is sought
to be charged TO Sprague fact discrepancy be-
tween the real deposits with the Trust Company aud the
amount credited to the city II ANY one was responsi
City OF Brooklyn, but the Trust Company and The
other defendants were implicated Messrs. Olwell and
Milford the surees of Sprague had been called by
the city to make good the deficiency on the ex-Ciy
Treasurers official bonds and had given their orders for
$4,000 ch They come in and answer, saving that
their notes obtained under duress and asking that
the may be delivered should Sprague gam his
suit
Edgar NJ Cullen moved the dismissal OF the complaint
as against the Brooklyn Trust Company He could see
no reason why should be made defendant. III 1t was
responsible at ALL II to the city, aud not to Sprague
Judge Barnard said this point he would reserve
his decision He would decide IL in accordance with the
facts brought forward In the evidence. William H.
Warren was the first witness called and he testified
substantially the facts that he at the trial
ofsprague Joseph Boyd. the cashier OF Fisk Hatch
bankers. testified TO loan by check from Isaac
Badeau Of S5O0D Jan -, 1869, and "a second
loan for 100000 tho following day from the
Brooklyn Trust Company, by check from Rodman.
Daniel L. Northrup called ON to identity Scer-
tain checks and receipts in connection with Mr..
wirren's testimony, after which Mr. warren
was recalled ana examined at length. the OD
ject being To show that the Trust Com-
pany had taken city checks and used them for ITS
own purposes depositing only part OF them to the
city's credit
The case Will be continued to-day. ExJudge Moore
and Surrogate Veeder appear for the plainh Corpora
ton Counsel DE Witt appears for the city, Edgar NJ
Cullen for the Trust Company. Benlainn d. sluihn for
Rodman's suretes, aud W. Ii Headley Tor spraGues s
sureties.