The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-04
CROOKED BANKING.
Messrr. william A. Darling and Spencer IA.
Green iu tho Tombs Police Court.

Messrr. william A. Darling and spencer IA.
Green iu tho Tombs Police Court.
Justice Duffy sat in the Tombs Polico
Court Yesterday afternoon, to hear the testi-
mony against William A. Darling aud Spencer
X. GrOcn, accused Of perjury In swearing to
a statement Of the condition OF the Third
Avenue Savings BANK. Mr.. Ashbel 2. Fitch ap-
peared for the depositors, Messrs. Abraham
wakeman and ex-Judge Dittenhoefer for Mr..
Darling, and Mr.. George Sewell for Spencer X.
Green. The FIRST witness was Col. Sellers, book
keeper In the employ OF Mr.. Hurd, the receiver.
Mr. Sewell earnestly objected to the certified
CO ~ Of the report sworn to by Measrs Green
and Daring, and on which the complaint was
based.
Mr. Fitch The PAPER bears lta face the seal Of tho
MF sewcil- can make tho seal for one dollar any
agMs9oTTiag ~ S9Fy q & sa9qla Is ,si
hSfs ny or s3p Sasson s % 10 the minds q hese sSbe
raise as many tsc6nes o5seyohs a. possiic in order
to prevent the inertia Of tbs case from peing heard
The Court decided to admit the document,
with the understanding that the prosecution
would either produce the original or properly
The statement was signed by Spencer X.
Green, President, and William A. Darling Sec
retary ad interim, and stated the whole amount
stated In the depostors ledger as being due to
depositors on the lst OF January, 1871, agreed
with thp statement.
Mr.. Dittenhoefef objected to Mr.. Fitch ask
ing the witness what the duties Of secretary
OF a bank were.
The next witness was benjamin A. Mncdon-
aid expert accountant.
Mr. Dittenhoefcr argued that perjury under
tho law could only he false swearing as 10 such
items as the statute required bank officers to
MIR. Fitch said that tho whole OF the report
must he correct. and that II dollar Is wilfully
and wrongfully stated II Is false swearing.
Justice duffy Court is opinion that any state
he bank oticl,ls the people - the condition of
,ne oanS would 0g psrSry a is'ic9 i- no, supposed
probable cause. wish counsel 10 avoid ecLlicAitcs.
| Mr.. Macdonald pointed ont several discrepan-
| tion Of tire bank. In 1868 the amount OF Sl0O,-
| OOO was added In alump TO the value Of tue real
estate. On Dec. 3l, $50. the was nuf"' ma
entry Of sic85q9.ep on premium a"~,,t v,ict i,yus
was exDuuged on Jan. 4. 1s', Tpis lao -,
| dld not appear, rems" "iDer. In tho amended re-
u bssea 90 -, lsi on which the Prosecution
| tIS l7.9. as interest due and uncolected,
| wren in fact there was no such item In the
| BOOKS. ana no such item OF interest. The item
| sholli properly have been CHARGED to profit
| ana los'. The entry began IN lsds and was an
| absolute loss. sustained through Investment In
| Atlantic A.'ll s'ON. Its entry ,ls an asset, wnen
| in CT IL wa q total loss, made a difference Of
| SsBcuO In the actual condition Of the bank.
| The statement also contained an Item OF S5i-
| 3,30S, surplus OF interest anS rront in 1870,
wnen In fact there was a dencenuy Of sIj-5s0.a5.
| The witness read report OF meeting of the
trustees. April 8. 1867, In regard 10 the Lee de-
falcItiOn. At that meeting u committee re-
ported that they had employed WIN. ~ Evarts
| 10 communica,e with Mrs. Lee, who was surety
for the defsuiter ma they recommended the
| acceptance OF $500 In settlement. The trus-
| toes voted TO accept 81 800. At that meeting
| wers present Messrs. Green, owens, Winter,
| Kelly, Cooper, Marshall Darling, hates, BioDins,
| Dunn, aud Marsh. GA May Ii, 1855. the COM
| mittee reported that Mrs. Lee mad paid the
amount, and the trustees voted to place IL In tho
| hands Of the President and Secretary "a "con-
| ungent fund" Inerc was no outry Of the re-
| ceipt or payment OF the inoney
| MIR. Fitch asked the witness what connection
| Mr.. Darling had With the bank.
| witness-Mr. Darling WAS Auditor sir
| shOw-what 40 the books rhoE 2
| WitneGs-lhe entry oil his salary sir.
| he nlled the position.
JUSTICE Duly thnk II IS very good evidence
| Mr.. fitch-Does MIR. Nakem1n wish to show that he
| received u salary without doing The wOrk2
| Owing to the absence OF books the prosecu-
| tion was unable ~ 90 further, and asked for an
| aujVuinulont until lhs morning. Tue defence
I asked TN III sonoay morning.
| Justice DufrY said that no would continue the
, examination from day to day. The time within
| which tho defendants could be Indicted would
| expire on the lith OF the month, and should no
| decide TO hold them, the papers must be sent TO
! the District Attornev's offce before that date.