The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-26
BOWLING GREEN SAVINGS BANK.

The Suit Against Walter Roche to Re-
cover Alleged Misappropriatcd Moneys
OF tho Bsnk-Verdict for Over $4,000
Against Him.
Al length, after week OF closely rigid exami-
nation OF witnesses and the long drawn out
speeches OF the opposing counsel in summing up,
and an unusually prolonged and elaborate charge,
the suit brought by Shepherd f. Knapp, receiver
Of the Bowling Green Savings Bank, against Walter
Roche has ended. The suit was to re-
cover see, 200 alleged to have been appropriated
BY Mr.. Roche from the deposits and converted to
his own use. Alter the commencement Of the
trial leave was given to amend the complaint by
adding $11, 4oS 80 to the original claim. The trial
began q week ago yesterday in the Superior Court,
bet1re Judge Spier, Messrs. John E. Devein,
CharleS +. Miller and W. o. Trull being counsel IOr
the plaintln, and Mr.. John q. Carter and John +.
MCGOWAN representing the defence.
large number OF witnesses were examined
during the trial. and in examining the books OF the
deunct bank. On the part OF the defendant 1t was
commended tnat the amounts alleged TO nave been
taken by MN were afterwards returned on Tues
defendant, and by Mr.. Develin for the receiver.
Mmie the former insisted and endeavored
Mr.. Rocnes transactons IN conpe ots VIA
S tue nanH were OF perfectly legitimate and
the evidence revealed the most gross ana culpabie
conversion OF the money OF depOsltOrs, and sucn
betrayal OF trusts, and as he characterized It, rob-
berry oil the poor who mad here placed all their hard
earnings, suppOslng them in safe hands, he de-
nOunced in terms OF most eloquent and scathing
rebuke. Judge Spier yesterday gave his charge to
the jury In the course OF Tis charge he commented
upon, as he designated 1t, the extraordinary neg
hgence and lnattentiOn" which the evidence dis
closed in the management and transactions OF
the collapsed bank The plainess provisions OF
the charter had been, he SAID, disregarded,
aud the safeguards which the Legislature intended
TO provide for the depositors seemed to have been
systematically set at nau9ht by every officer and
trustee ana servant OF the institution. He. how
ever, cautioned the jury against being Influenced
by any other consideration than that OF doing
exact justice to the parties. The jury out but
short time, when they retuI ned with verdict for
$94.67S ~, being the full amount clalmed
with interest. AS might be supposed, the
verdict gave rise to varied and some
what conflicting comments. Most pronounced
1t a great victory for the prosecutors; but some
declared that OF Hank Smith, wnOm IL was Intended
It was said, to call witness for the defence, had
lived, that the result would have been different.
A large number expressed pleasure at the tact
that through this result nearly $4,000 would be
added TO the funds in the hands OF
the receiver for the benefit of the de-
irauded depOsitors, and hope that this is one
OF the cases where the claws delaysU are
ended for the needy deposltors, who, by these very
decays have so long been kept out Of their money,
which this verdict declares the defendant appro-
priated to his own use. AS usual, however, there
followed the customary effort to erect q stay or
Judgment and the Judge granted until tomorrow
morning Tor argument OF q motion to send the
case to the General Term for reversal on the ex.
cepuons taken during the trial