New-York tribune., 1876-03-10
THE COURTS.
,AyINGS BANK.
THIRD AVENUE SAVINGS BANK
WILLIAM A. DARLING, SPENCER X GREEN AND W.
6 CARMAN DISCHARGED ON WIKI OF HAbEA7

THIRD AVENUE SANlNSO DAMN
WILLIAM A. DARLING, SPENCER X GREEN AND W.
s cARMAN DISCHARGED on WRIT OF HABEAs
CORPUS. ,.
speucer X. Green, President, and William A.
n.,,,,- Secretary, were arrested on Feb. % on a
,rsrrapt. issued by Police Justice Duffy, ehaIe-
- them with having wnlfully and falsely
- an incorrect statement of the condition
- the Third Avenue Savings Bank on Jan. /,
,e-1 An examination had before Justice DuHy'
ho decided to hold the defendants Yesterday morn
r the bail Of Messrs. Darling and Green surrendered
,nep. and they were committed TO the Warden OF the
,bs Thereupon, on a petition Of the accused, judge
,,e iss,ed writs Of habeas cSrpus snd certiorari.
..sb,e af . D. m Ex-Judge DittenhOefcr, one OF the
,,rs for Messrs Darling and Green, requested this
- rcturn because the statute OF limitations would
- a,ct on Monday, and the questions involved should
m decided speedily, that the Dstrict-Attorney eoud
,ov the case before the Grand Jury the commitments
was sustained -. ,--o,, 1,oos
-. having been transferred TO Judge Westbrook,
49,, r,,ring and Green appeared, with their counsel
-, uttenhoefer Wakeman, and Seweil, and District
,t,oy,,ev Phelps appeared for the People hr' seWel
+ot5 substantially that the commitment was irregular
i charging the defendants with having made Hauuu
m statement Instead OF having falsely sworn 10 Il'-
leut statement ofense created by tle statute D
@ ,ttorpey Phelps answered by saving that the court
Te 10 hold the persons it, a review OF all 'he pa
o.rs the court ascertaiued that en- oGenSe was COM
o,ted Judge WeStOrOOk stated that on statute VIII
Of ccrtioravi accompanying wit OF haoeas corpus NC
had no authority to look into evidence Oa sinl 70 ue
,i,o ,rtsflo- An ofcnse was properly charged. E1-
Indge Dttenhoefer claimed on behalf OF Ihe ueeluhIs
that the statute Of 1887, making IT perjury TO swear
falsely 10 abatement sent the Banking Department.
a absolutely repeaed by the statute Of 1873 without
svng cquse that fhe statute required two reports 10
be made one OF JAN 25 10 tine condition OF the bank
on the st OF January Of each year and one on Juy %
a. to the condition Of the bank on tho lst Of Jly or
ac YEAR that statement Oi the bank on Jan l. ISL
was made Feb; lS7l that as To tis notLS NE NE
chargcf that on March Ia iell inc GeIeiiu's an tt, %
q second ana voluntary report no. ic4ueI ~ yt H.
and that perjury could he Is 70 me SecODo fO' o,
The oath 20 it was extra judicial
Judge sthrook expressed surprise that men tandhg
In tie community as the defendants dd shouN Toy oe
willing TO meet INC question on the lhTIf, "HL E r.
having examined the condition OF TIC ihhd avenue %
Savings Bank on the Application ior tle rtnoNal Yi US
recclyer lie became familiar with y anu cIi lh''H 80
the depOsitOrs had been wrOnsed EX-Jutse .htteil-
boefer said the defendants were able 10 anu would
IN proper case begun against i.ein ~ iI, -
selves COMPLETELY and show that they were not guy ui
under the law, they SHOULD BOT Dc suYeCly' 70 tJ
uliny of Indictment which even though they Gt &C
there was some force IN tbat s"e er' ana asGtu 'uc D
trct-AttOrney 10 reply 10 tIe question OF law fiscd
falsely swearing 10 these reports concerned, was re-
nliucd intact, and that the OaCuse having been
committed and the penalty having been repealed
fhe perties could be held Fir. Wakeman stated ar
an additional point that the laws Of 1857 required The
two iGIngiudl officers to sweartU the report ana that Ny
Daring Of The principal officers but an Scc
dental ary-Scccctary al interim. MI 1rtN VINO
apu.rcd tr. Carman, who had been held hy Justice
Duffy on q similar charge stated Substantially the same
uguis Judge Wt-tJTOOk ASKED Mr.. Aslbel r. Fitch
who rcpres uted the complainant, in these eases H e
hal any suggest i'll answer 10 the questions OF
la raised lie admitted the questions were serious, but
stated hc Aad left his brief ~ home
Juf,c Ncshro0k rendering Ills decision, stated mat
as he was obliged 10 leave the city to-day no could not
enter into elaborate consideration OF the points
raised which were seTiOu9 and important Hc came 70
bis CONCLUSION with great reluctance !Or while Le knew
nothing OF the acts Of the defendants and dit not wish 10
ulrC tHelu, Dc did know. and knew Judcay, since TIE
officers the bank had been twice before him. that Tie
bank was in a bad condition. He did not WISH any
phrase he might have used T. 90 cur as cesufc on Uo
persons efore him, hut the bank had at least been
vtr unfortunate The act OF lSJ7 not Only the CGy
law snXiug 90 The fIle caring 10 the s!atele; named
~ 10 the quality Of peri ury but the only law applying the
pelatts pe.iIy TO H. The repeal OF the statate OF
s57 hii therefore swept away an power TO punish Tor
fhe ofeuse even if committed and hc weald therefore
lave " q schGrge tine prisoners