The New York herald., 1876-03-04
THE THIRD AVENUE BANE.
THE WILLIAM A. DAZZLING AND SPENCER 4.
GREEN ALLEGED PERJURY cAsE-ExAMINA-

THE WILLIAM A. DAZZLING AND SPENCER 4.
GREEN ALLEGED PERJURY cAsE-ExAMINA.
TIoF ACKNOWLEDGEMENTS DISCOVERED.
The adjourned examination in the case OF william A.
Darling Appraiser OF the Port and Spencer K Green,
jointly charged with perjury in falsely swearing that
the assets Of the Third Avenue Savings Bank exceeded
its liabilities by over $500 Ooo when, as alleged there
actual deficit OF not less than 800 600 up
yesterday before Justice Duffy at the Tombs Police
Court The examination room pretty well filed.
Mr. Darling rot present but his co-defcndani Mr..
Green there. hessra Robert Sewen Abram
Wakeman and Judge Dttenhoefer appeared as coun-
sci for the defendants, and Mr.. Ashbe P. Fitch and
Robert A. Van wyck for the prosecution and the de-
postors One OF the latter, Mary Flood who lost $500
by the failure Of the bank, was present during the
proceedings, with DR.. Strew, OF Lexington avenue,
with whom she has lived for many years domestic
Colonel A. Sellers was the first witness called. He
said he was employed the Third Avenue Bank under
the receiver he identified the books OF the bank pro-
duced in court and had examined the report OF tho
bank signed by the defendants and compared the
tents Of the books of the bank witness was asked
what was the result of his Investigations and counsel
for the defence objected the ground that the quos
ton was incompetent The paper which counsel for
the prosecution sought TO put in evidence was an u-
authenticated copy OF the report purporting 10 De
signed by Deputy Superintendent of Banks Laun
Counsel for the prosecution replied that tne obIee-
tion merely technical, and he could, II he was
afforded time, prove that II duly certified copy OF
the original report
Justice Duny said that inasmuch the paper had on
II the seal OF the Banking Department he would ad-
nit it
Mr. Benjamin A. Mcdonald OF Railway n. j.. was
called. He said he was expert in bookkeeping and
had examined the report already referred signed by
Messrs. Darling and Green. Witness here read the
following Item from the report:-' March IL lS7l-
Real estate furniture and xtures market value stand
ing on books, s242, 495 81" Tho witness was then
the books
Counsel for the defence hero objected again.
The witness in reply TO a question stated that the
amount due the depositors in the bank on January l,
1871 SIS, Q59, 1868, and that figure correspondcd
with the entry in the report In answer TO other
questions the witness explained that the general ledger
used in bank contained the collated daily individual
deposits from different books which were trans.
ferrcd from them TO the ledger the readiest
way TO ascertain the condition OF the bank
would be to look at the ledger; but in
would be necessary examine the dealers books in
detail and compare the figures with the entries in the
ledger The ledger the bank represented figures
in the report and ledger to tally Mr. Mcdonald was
about to read statement OF 1868 when Judge Often
hooier objected They did not want to go back 1868
Mr. Darling only secretary ad interim for few
weeks.
Mr. Fitch replied that Mr. Darling was head and cars
in the treasury Of the bank from the start and he
called for the reading OF the entrees
Mr. Dittcnhoefer hoped the gentleman would not
indulge in uncalled for diaribe against his client
because OF political aniagonism.
Mr. Fitch am a republican and so is Mr.. Darling.
Mr. DNtennoeier-ue was Always your ureaucu rIVai,
however
Justice Duffy (decidody)--Here here gentlemen,
this will do will not permit politics TO be intro
duccd in any manner in these proceedings.
Mr. Dittenhoefier held that 1t was immateral what
the entries on the books and whether they were
subscribed 10 under oath; that would not constitute
perjury.
After an argument between counsel Justice Duffy de-
cded that anything in the report which would have
tendency to mslcad the officials at Albany the pub
lie would rightly come under the offence charged.
Mr Mcdonald then read from the bank ledger a
tor a 10 q
g. 1865 The entries showed profit and loss account
loss in real estate of 100000. The statement
showed On January l. 1871 cash ON hand not deposited
$3.50 l9l ~, difference between the two items OF
$106, 596 "a. The witness went on to show from the
books that deficit of 100000 existed for years and
was never reported all this time Mr. Darling
The book further exhibited the fact that the real
tate of the bank, which was about 100000. was
increased by false entry TO 5000 o00 Among the
items OF assets item OF $113 900 of interest due
but collected. This the books showed to be en-
trely false. This very item showed upon the books
loss and should have been charged TO the profit and
loss account.
At this stage adjournment asked for by The
counsel for the defence. They desired that the
go over until Monday next
Justice Dury said he could not grant such request
The case must 60 without needless delay; t
was important that IL should. The statute
OF limitations affecting this proceeding would ex-
pire on the l4th inst II be should deem IT neces-
sary to hold the defendants after hearing all the evil
dence he wanted that the in that event should be
in the hands OF the District Attorney in proper time.
He would therefore, set down the further examination
of the for to day at three 7. NJ and necessary
he would SIT until midnight TO hear the through
This ended the proceedings Of yesterday. Mr. Darling
came into court before the adjournment taken.
The papers in the of John Lyon, Daniel Bates,
David Morgan and W. ). Carman all charged with per-
jury In connection with the Third Avenue Savings
Bank now in the hands of the District Attorney