The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-19
The Bowling Green Savings Bank.
Walter Roche Arraigned.
BUSINESS IN The OTHER COURTS.
Moiety Contract Case-Admiralty Proceed.
ings-suit Against the Comptroller
Convictions and Sentences in
the General SESSIONS.
THE BOWLING GREEN SAVINGS
BANK,


by Its Former Vice President, Walter
Roche-Suit by the Receiver to Re-
s0ver.
The operations Of the defunct Bowling Green
Savings Bank promise finally to undergo process
ofventiati0n in the Court. The details OF the fail
ure OF the bank and the appointment OF Shepherd
+. Knapp as receiver are known. The case again
came up yesterday before Judge Spier. Among the
trst acts Of Mr.. Knapp, after his appointment as
receiver, was the institution OF suit against
Walter Roche, the Vice President of the bank to
recover $685. 2OO alleged to have been appropriated
by Mr. Roche to his own private use during the
term OF his Vice Presidency. Mr.. Roche, in
1ls answer, denies the principal allegation in
the complaint, as to the wrongful appropriation of
any OF the funds of the bank He further denies,
during the time charged in the complaint, that ne
was Vice President Of the bank but that in
November, 1871. he ceased to be such Vice Presl-
HenG
The former Secretary of the bank, Mr.. Reeves E.
Bemes, was then called and examined on behalf Of
the plaintiff
number OF checks were produced, some OF
them drawn to bearer, some to M. Roche, and en-
uorsed by him, and some to the order of q broker
named Eccleson, who was carrying on stock opera
lions for Mr. Roche He identified these checks
but stated that the stock operations had nothing
whatever to do with the business OF the bank that
the money thus paid out, including two checks Of
$4,000 each, passed through the private account
OF Mr.. Roche, ana that the moneys so paid were
Drawn from moneys loaned by the Guardian
Bavings Bank.
In his cross-examinatlon Mr. Selmes admitted
shat he had speculated in real estate. He identi.
He'd two checks OF the Guardian Savings Bank Of
$4,000 each. submitted by counsel for the de-
tendant bearing date subsequent TO those
Eeivcd by the latter from the Bowling Green Saw
lngs Bank. but said these were also passed through
@r. Roche's private account back into the account
Through which the original checks were honOred.
:, William G. Eccleson, q broker, testified that
chased 500 shares of Hannibal and St. Joseph RAN.
road stock for account of Mr.. Semes. number
of checks received from the same source, amount
Ing to about $4,000, Tor purchase money
pm margin, he also Identified. In his cross
FORMULATION he stated that 400 shares of the stock
were finally delivered to Mr.. Roche. The account,
e0wever. was in the name OF Mr.. Semes and
rendered to him: Mr. selmes introduced him to
Bary wOulu take up the stock.
o William =: Doughty. OF the Guardian Savings
Bank to credit of Mr. Roche two checks for $4,000
Each. On his crOss-eXaminatIOn he identified two
cnecks drawn by Mr. Roche on the bank in the
ba OF 1870, and two checks OF a similar amount
Drawn by himself for over $4,000 each, with In
Eerest added Mr.. Henry Clews at the time had
toan account with the Guardian Savings Bank and
allowed seven per cent interest, but he could not
Bay II such checks had relation to such loans
Objection was made by counsel for plaintiff to
khis line OF testimony on the ground That where
allegation is made OF the conversion of money by
Mr. Roche it is not Compel tent to show that checks
Sor similar amount were subsequently passed to
She credit Of Mr.. Roche, and thence to discharge
ehe loans.
On behalf of Mr.. Roche Mr. Carter said that the
Testimony OF Mr.. Selmes was that two separate
checks OF $4,000 each were drawn by the Bowling
Green Savings Bank In the nature OF loan to the
Guardian savings Bank, and which 1t was assumed
by the plaintiff went for mir. Roches personal ben
e1t 1t was now proposed to show BY the checks
pnered in evidence on behalf OF Mr.. Roche tnat he
drew twenty days later two checks against his
private account with the Guardian Savings Bank,
and that the bank, on the basis Of these checks,
brew It's official cheeks in favor OF the Bowling
Green Savings Bank, with interest added, and to
hhe latter bank such checks were delivered
Judge Spler said that, assuming Mr. Roche to
have unawfully taken $4,000, or twice this
Df1cer, and now that he is charged with large in
debJedness to the bank otherwise, shall he, after
discovering his wrong be permitted to show by
kWO checks for the same amount, with interest
Added that this amount was discharged2
Mr.. Carter insisted that he undoubtedly could,
nnd, the bank having accepted It, the claim to that
Judge Spier SAID, as the matter struck him, he
could not say how lar 1t might be necessary TO
amend the pleadings; but 1t appeared that Mr..
Roche while having charge OF trust funds,
took those trust funds to certain amount
and transferred them to his own private
account, that having subsequently sent back
checks with interest added he should not be al
lowed to apply those specific sums in LIQUIDATION Of
certain specific sums Of the same amounts apprO-
Priated by him, while in much larger sum, he is
6ttll generally indebted to the bank.
Mr.. Deven said that the pleadngs raised an
Issue only as to having converted the money
while now they seek to prove payment. The
charge OF having converted the money is denied
IN the answer, ana now they come IN and say, 1--WE
did convert the money as alleged, but we have
paid 1t back again" They had not come prepared
10 meet such an issue, and to do so would involve
m extensive examination OF the books bearing
specifically on this point.
Judge spier adjourned the Court till this morn
ang, promising, meantime, to examine into this