The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-12

8f3pnerB ices. Inc question py tASNe-
fence was that the htigants in the case not the
counsel either EIDE, were responsible The
Court ruled against this line OF defence, and the
fury returned a verdict 1or the amount claimed.
FRANCIS L. TAINTOR'S FINANCIAL
OPERATIONS.
An important case came TO trial yesterday be-
fore Judge Van Brunt, holding Special Term OF
the Supreme Court, involving the question OF the
transfer OF certificates Of railroad stock and also
dragging 10 light some OF the curious financial
operations OF Francis l. raintor, the WHOM
cashier OF the deunct Atlacuc National Bank, for
which, and other alleged irregular financial opera
uOns Taintor Is now suffering penance IN the
Albany Penitentiary. The plaintiff in the suit is
Samuel E. Williamson, trustee, and the
defendants, Thomas F. Mason, Francis l..
Talntor, Francis B. Wallace William +. Philips,
the Cleveland and Plttsourg Railroad Company,
the Lake shore ana Michigan southern Railroad
Company and the Atlantic National Bank. The
complaint is very voluminops document, put
the NAN, ESSENTIAL points, are capable oil brief mar
Tauon. The plaintiff alleges thaL he owned 466
shares OF the capital stock olthe Lake Shore and
Michigan Southern Railroad Company and 800
shares OF the capital stock OF the Cleveland and
P1ttsburg Railroad Company. That ne held the
usual certificates OF the stock that on the 10th
OF February, 1873, he attached powers OF attorney
10 the certificates for transfer the stock TO
Francis l.. Taintor; that he deposited the certin-
Gates, togeth with the power OF attorney in the
Atianuc National Bank, where ne Kept an
account under stipulation wish It's President and
Talntor, the cashier, that the same should be sold
A. not less than a stated price, ana the proceeds
passed to his account; that Tantor soon siter-
ward transferred all the stock TO MS own name,
had the old ceru1cateS annulled ana new ones H.
sued 10 MIN. Having zone this Ialntor hypothe-
Gated the same with Wallace Co.. stock brokers,
session or Thomas +. Mason, who claims TO mold
them as security for $4,000 loan 10 Wallace Co.
the plaIntin further alleges that he notified Wal
ACE 90. az the TINE that they mao no right
20 deal in these certificates and he
was exacted, on which ground Il is claimed that
the loan was usurious and void. As the bank has
JAILED, and Taintor Is wholly insolvent he asks
that Mason De prevented rom parting with the
certifcates, and that the railroad companies
named above be respectively restrained rom sell
ing, transferring or IN any way disposing OF the
stock IN question, and that the same be trans
ferred 10 MN.
Two OF tue defendants, Wallace and Phillips or
otherwise +. b. Wallace Co., pat ~ an answer;
or rather the case las come TO trial thus far only
As against them. In their answer they
1873, they loaned TO the Atlantic National
Bank $4,000 on the certificates specified IN
the complaint, together win some western Union
stock and United states government bonds, as ad-
OPTIONAL security. on te 17th OF Aprn The bank re-
quested TO nave the loan continued, and, IN order
10 comply with this request, they borrowed $4,000
OF Belmont Co, aud Tor security deposited with
she latter firm the certificates OF stock IN cues
nOn, with other sureiies. On the lst OF May
succeeding the loan, as further averred was taken
him VINO now holdsit They aliege, still further.
that they received the certificates IN good faith;
shat they fully believed that they were the prop.
erty OF the Atlantic National Bank, ana that no
notice was served upon them not to deal in the
STOCK.
Most OF yesterday was occupied In taking the
testimony OF Tasntor, the defauliing cashier, ne
having been brought mere on a writ OF habeas
corpus IRON the Albany PenItentiary for this pur-
pose. lie gave MS testimony In a clear and
straightforward manner as TO MS part in the
Transaction and confirming manly the allega-
give the legal interest Cd $4,000 for nineteen
days ne Announced the sum with a ceIerity that
would DO credit 10 the Lightning Calculator
showing that his PenltentiaTy experience has not
materially impaired nus oid quickuess al 1gures.
in the course or his testimony he stated ne specu-
lated with the bank funds for the bank, with the
knowledge ana consent OF the President and three
OF the directors He stated further THAI the result
OF hrs specuiations was loss OF 100000 to the
bank.
Tue trial win probably occupy Two or three
days
THE TWEED CIVIL SUIT.
The suit against illiam M. Tweed TO recover
some $lO000,000 which he is alleged to have
frauduIenIly obtained from the city treasury,
mainly In connection with the building OF the new
County Court House, came up for argument in
the General Term OF the supreme Court, before
yudges Davis, Brady and Danes. AS Will be re-
membered the suit brought by the Board OF
Supervisors plaintli1s, such suit having been
commenced on october 20, 1871.
On the 3lst or october, 1872 Judge Barrett
the Special Term OF the Supreme Court. made an
order overriding the demurrers interposed in the
complaint. Inc matter continued 10 hang In the
Court, iii finally an order was entered amending
the title by substitution OF the Mayor Aldermen
and Commonalty or the city OF New YORK
plaintiffs IN the place OF the Board OF Super
visors. An appeal was taken rom TINS
order 10 the General Term. The argument
yesterday was this appeal. Mr.. vii.
faro Bartlett, who appeared Tor Mr.. Tweed,
submitted his points without argument II 10
clameo that the substitution OF the title asked for
A uOt
substitution erroneous through failure 10
give the defendants rIght 70 answer TO amend the
complaint, that II deprived The defendant OF ms
rlght OF trial by not permitting MIN 10 answer the
title OF the substituted plaintiffs and finally that
the act OF consolidation ~ unconstitutional, mas
much AS 1T did not purport 10 be passed on the
Appucatfon or WITH the consent vi either OF the
consolidated corporations. The Court reserved
ITS decision.
THE POKER HOMICIDE.
John Clare, an ill-loOkiDg Fellow, OF diminuuve