The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-15
THE THIRD AVENUE BANK CASE.

THE DEPosIToRs FIRST vICToRY-DEcIsIoN BY
JUDGE DUFFY ON THE POINT OF Law RAISED
BY COUNSEL FOR THE DEFENCE.
The several parties to the criminal suits brought in
tho Fiy-seventh Street Police Court by Mrs Georsina
f. Levion against Thompson w. Decker and other
officers of tho dcunc Third Avenue Savings Bank APP
peared there yesterday to hear Judge Duys decision
on the point of law raised by Henry L. Clinton
sci for Decker and which motion for dismissal
made after the for the prosecution had been rested
The opinion which was In writing, is as ollows:-
In tho of the People Thompson w Decker
charged upon the oath OF Georgna Leven with having
January 1874 that The Third Avenue Savings Bank
Of S a for bank on the morning. Of the Isl Of
airy the Of 81 523442 Al, and the total Liabilities
amounted to the ' sum Of sssss g. whom in TRUTH she
less the Court after hearings and much
testimony had been taken requested by the learned
plea that offence in law had been committed claiming
Ss ct S S @ Sanh hcn Sa
clause had been retained in the statutes OF 1874 and cited
he referred the Court and 20 oil which the counsel for the
he repeal Of the act Of 1857 tue accused could be held under
the ST a Eew o. the ne TACT sha
humble, are now on deposit IN the various savings
Ssqs ]. as failures the % %
past causing general dsr on the part OF She hum
Court has given this subject point raised by the counsellor
much study end research as his limited time would per
actly tho OF 1857 showing intention
tho Legislature to give the statute
tive IN full force this saluary law, with
which thousands OF depostors in the various
banks in the would have been at the Of
speculative bank officials and for ther gdoing
against the deposors during the Interval between the
1857 and 1879 the deposors would have no remedy in
criminal court.
Without wishing pass upon the guilt innocence
accused who is highly and respectfully connected and
well recommended for his integrity and whose brief and
willing connection with the bank would imply
intent on bis part, this Court holds that h would DO
against public policy 60 proclaim that false statements
bank officials aud TO between the of
1887 and 1878 coadoned and forever wiped out for
many BANK officials perhaps who borrowed the money OF
the and made rash ventures investments during the
1867 and lS7J would under ruling sustain
ing this plea fail ~ mako restitution to the depostors
This the opinion that under she general law
lang perjury df has been committed the Court
has the evidenced that tho accused be held
PERJURY Notwithstanding tho counsellors plea that the
appointing bank superintendent not passed for
long subsequent to the general statutes appetainng
to perjury.
SO unexpected was this unfavorablc decision to the
accused that his counsel, Mr.. Crosby, did not know
what TO do in tho absence OF Mr. Clinton. He would
have 10 consult with that gentleman, he said before
he could say whether they would waive any further
animation in this Court continue the case for the
defence The counsel finally concluded TO inform tho
Court as their intention, and adjournment
cordngiy taken till then This being test case be.
halt Of the other defendants, Messrs Carman Morgan
& Bates whatever action shall be taken In the matter
thcy will Of course be bound by it,