The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-15
JUSTICE DUFFF,s DECISION.
The Charges Against the Omcers Of tho Third
Avenue savings Bank.

Justice Duffy has overruled the points
raised by Mr.. Henry l.. Clinton in defence Of
Thompson W. Decker, accused OF perjury as
President OF the Thir, Avenue Savings Bank
Messrs. Decker, Bates, and Lyon. OF Preside nts,
and Morgan and Carman, ex-Secretaries OF the
Tb' I'd Avenue Bank, were arrested about three
months ago on charge Of perjury, In having
sworn to false statements OF the condition Of
the bank. Messrs. Clinton and Crosby repre-
sented Mr.. Decker, and Mr.. Ashbell p. Fitch the
District Attorney. Mr.. Deoker's case was FIRST
taken up. The evidence showed that he had
signed a statement to the Bank Superintendent
to the effect that the bank had surplus, when
In fact II was nsolvent. Mr.. Clinton, while he
insisted that Mr.. Decker was innocent OF any
wrong intent, and had signed the statement on
tho representation OF bis subordinates that IL
was correct. did not offer any evidence, but
argued that the law of 1857. under which his
client had been arrested, was repealed by the
savings bank law OF 1876, which, In providing
punishment for perjury, contained no saving
clause as to offences previously committed. MIR.
Ashbel =. Fitch argued In reply that the law OF
1915 did not have tho effect stated by Mr.. Gin
ton, but that even II II had, punishment was
provided for Mr.. Decker's offence IN the statute
OF 1890 which declares that in all cases In which
an oath or an affirmation Is required or author
tied by law, every person swearing falsely shall
be deemed guilty OF perjury also, under the
any proceeding IN which an oath may be re-
quired bv any judicial, executive, or adminstra-
tive officer.
Mr. Clinton replied that the statutes quoted
had no application. that The law OF 1851 was the
ONLY law bearing on MI Deckots case, and that
that law was repealed by the Savings Bank act
OF 1875.
Justice Duffy held the questions under con-
sideration for several weeks, and meantime the
Security Savings Bank, in which the Justice has
5000, wont into the hands Of receiver, and 1t
Is believed that the depositOrs will lose twenty
uer Justice DunV'a d0cisfnn Il a9 fD
lows:
In the OF the People against Thompson W Deck.
sssSyiuE sss comnttee perjury BY falsely swearing on the
goth day OF JanusrY, 1879, that the Third Avenue
that the assets of the aforesaid the orning of
lion ave hurGred AMI tscnty.nve thousand four hun.
dred and fortytwo dollars aud fortyone cents. ard the
thou aud four hundred and siSiyclgG dollars and sew.
enyfour cents aud that the excess Of assets ia.
abilities amounted to tlt sum OF six thousand nine hun
dred apd twenty ihrce dollar. ami sixiys,ycu cents
es exceed The assets IN sum not less taln Two nun
drr thouand dOl tts Court rtqAcs eli TO dis
L,iss me compliant iere follows srsyew Of tae ar.
In view Of the fact that millions OF dollars mos, Of
R eeSls In IN ,, pSqT Se S Oh GePS IN M Sar9s
banks. the Court has given the point raised
words Of the statute Of is.S are cSsctiy those
OF me sntgte Of lS5'' showing an inicnu9n on tae
pau q tao esglure 10 give the statute getruspec
tive effect and to retain IN fu force this sauary law
various savings would have beea At the mercy Of
dishonesi and speculative oincais snd would nave 10
remedy crt uiual tor ~ enc committed pre-.
yous to IA, sprns of 1875. without POSING upon the
gu Or iuauc'lsf OF tne accused who l. re.pettanly
connected aud wei rcconm' 'niel Tor integrity, anl
whose nriei ana unwilling connection wiih the banS
would Imply no criminal intent on his part, this
court holds that ii would Oc against public policy
10 proclaim tht false statements to by bank Of
Meals previous to 1879 cnndonrd anu forever wiped
out for should such plea be sustained, many bank
OficiAis who have msappllcd the money OF the poor
would faii to make restitution.
The Court Is also Of oDiaion that the defendant
be held for perjury III any has been cOnutcdl under
tue general statute defining perjury and the penatles
therefor