New-York tribune., 1875-11-16
THIRD Avenue SAVINGS BANK.

APPLICATION FOR THE ARREST FOR PERJURY OF
MEssRs. LYON DECKER BATES, MORGAN, AND
CARMAN-JUsTICE DUFFY EXPECTED TO GRANT
THE wARRAATs-TnE CHARGES AND THE
DEFENSE OF THE ACCUSED OFFICERS.
The dissatisfaction of the Third Avenue
Savings Bank depOstors has eliminated in an apphca
ton Police Justice Duffy for warrant of arrest
against the prominent officers on charge OF PERJURY.
b. A Mcdonald, accountant, appeared at the Fifty
seventh Police Court yesterday with Mrs Douglas
A. Leven one OF the deposltOrs of the suspended bank
and preferred charge OF perjury against John H. Lyon
Thompson W. Decker and Daniel Bates the former Prcs
dents and David Morgan and william g. Carman, secre-
tares the bank In 1872 1873 and 1874 for certifying
to the Superintendent Of the Bank Department fraudu
lent report OF the assets and liabilities for those years
Mr. Mcdonald submitted the adavts Of experts as to
the value OF the real estate stocks, bonds and other
securities by which appeared that instead OF surplus
1.-THE end Of each year. as certified by the officers, there
sas large deficiency that the bank has been nsoyen
II long time, and that on the LIST OF January 1872
there was really deficiency ~ S2l9,000, although the
nnua report showed small surplus. The experts GER
tilted that the market value OF the stocks and bonds
published every day. and the figures accessible TO the
officers OF the bank. Tho real estate, it was claimed had
been reported fictitious price far beyond ITS market
value and the acs must have been within the knowl-
edge of officers signing the reports Attached TO the
afidayits were certified copies Of the annual re-
tions and 6verestimaes. 1t was expected that
the depositors committees, through AgernOn &.
Sullivan or Ashbel p. Fitch, counsel, would have
begun criminal proceedings, bat tho argument before
Judge WesbroOk at Kingston, Saturday, for the re-
moya OF the receiver occupied their attention. and in
the meantime the papers prepared by Mr. McDon-
aId for the application made TO Judge Duffy yesterday
Tho Judge took the papers for further consideration
and will render his decision this morning. It Is CON
siered most probable tnat he VIII issue the warrants
II is stated that conference held yesterday with
Dstrict-Attomey Phelps TO the proper pro-
ceeding iii this case, and as TO the subsequent
indctmedt Of tho bank officers II the Judge
| should decide to issue the warrant for their
| arrest Mr.. CaIman and the other bank officials, 1t
Is said will endeayOr show that they acting for
interests OF the depOsitors, and that there was
no criminal intent in their action IL ls claimed that
they wero fortified by written valuations as 10 the mar
ket value OF the securities and were not aware OF their
true value The srnsage Of values under the prest Mt
drpre,son In business, will be urged, has created 4
wrong impression to the real estate and stocks, and
tue bank officers had right 10 expect more favorable
figures The stock market quotations VIII be asserted to
be untristwOrthy, and test or the actual worth or
securities. The bahk officers against whom tls charge
il made all well known citizens, OF reputed wealth
and recognized social position
The Committee of depOslt0rs. OF which Edward Mal0n
H. Chairman, met last evening nj No. 2'3 Thifdaye.
AgernOn sullivan, their counsel made fll report or
the argument before Judge WestbrOOk for the removal
OF Receiver Canan Mr. Carman stated 10 reporter OF
TIE TRIBUNE Yesterday that the securities or the bank
by the order OF the Court were directed 10 be deposited
i'm the United states Trust Company, under the super
vision the state superintendent OF the Bank Depart
ment. 1he superintendent was expected 70 De III tne
city this week, the transfer would then De made