The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-18

Ant REMOVED FROM OFFICE BY VOTE OF
II TO 10.
SARATOGA, N. Y, August II. 1877.
In the Senate to-day Mr.. Mcclure continued the
summing up for Mr. Ellis, dwelling ut length on the
clause OF the law regarding the discretion given to The
Superintendent about savings banks which ho may
deem unsafe. Mr.. Ellis called on leading hnanciers
and advised with them the condition and dispo-
son Of the Third Avenue Bank. Does IT look
like neglect IN tho Superintendent TO have Kept up
constant correspondence keeping close watch on the
banks under his orders
Referring to the testimony of MIR. Smith, clerk In
the department., Mr. MCGUIRE stigmatizcd him as a spy
and traitor Senators asked TO look at The bank
reports and the amounts invested by them In rot
ten stock Take every bank about which testimony
has been received and say, you cam which charge
Mr. Ellis has been guilty OF neglect OF duty As to the
Third Avenue Bank he cxertcd unusual watchfuness,
and II anything to be LAID to his charge II amounts
TO mere errors OF judgment. Much time was devoted
to the law regarding statutory officers appointed by tho
Governor by and with the advice OF the Senate.
Mr. Mcclure said these charges were got up against
for u democrat, He said Eliis invited the Closest
scrutiny. He would not resign under The charges but
would let the Senate decide whether or not he was
guilty. Either way, ne would not hold the oiice
twenty-four hours after The case ends
CLOSING ARGUMENT.
Mr.. Tracy, for the prosecution began the closing
argument referring 10 the statement OF Mr. Mcclure
as to the removal aud appointment Of officers. He
thought the State OF New York had iu power TO go
into the office oil ono OF us CLERKS and make
a full examination Of his business and ways
said TO have closed the evidence shows that he
closed two himself; Lamb his deputy, closed two;
trustees closed our, and dcposuors two. Referring TO
several OF the banks he claimed hat the respondent
mad interposed no defence whatever either IN the
testimony or on the argument OF counsel ana thar IN
respect 10 the Mutual Benefit Savings Bank 1t ap-
pearcd by the reports that the bank Was ins0yen Tor
more than TWO years; that trustees notes were gwen
exactly balance continually increasing deficiency
and that Ellis pad any attention Whatever 10
that baEk, and II was finally wound up without his
These things were not denied or disputed by
the respondent Briefly answering some argu-
ments on law made oy Mr.. Mcclure he con-
cuded by referring to the brict OF testimony
on each bank examined, recaptualing points IN the
testimony OF leading witnesses and claimed that the
respondent had given Tor projecting the
depositors the different Tracing the history
OF each bank IRON the records OK the department. he
claimed that Ellis had no power TO consult the inter
ests OF other banks any more than the interests of
manufacturers, commerce or other pubic interests
bit tina. his duties confined by statute to protect
ing the interests OF savings banks The proof showed
that Lamb the deputy had been watchu and vigiant
caring Tor the interests OF deposltors and when tho
absence OF Ellis gave him power to act he did so
promptly Also that smith, the accountant, had been
faithful the discharge OF his duties, and
that no stain rested upon the department, save
only Ellis himself, who, by cupabe negligence
and ineiiiciency has caused great loss 10 deposors
The system itself is good one, aud has been copied in
other 1t only needs efficient head. In Mr..
Lamb. the deputy, the Senate can be sure OF man
able to conduct the department efficiently as long us 1t
shall be Entrusted to nin.
Al half-past five p. NJ the Senate weut into cxccu-
tive session TO consider on verdict
The Senate rema ned III session until eight O'Clock
F. NJ. and then adjourned, without removing the IN
Junction of secrecy, until ten O'Clock tomorrow morn
ing.
il is understood that the following resolution offered
by Senator Prince, was adopted unanimously
Resolved, That the Senate after hearing all Testimony
presented at the investigation the OF Dewitt u
Ellis Just concluded with the Governor IN the
opinion Mr.. Ellis been guilty OF any inten
tional wrong in his conduct OF the Bank Department.
Mr.. L His was then removed by the following vote =
For removal-Messrs. Baden, Bixoy, Bradley, Cole
man, Gerard, Hammond, Harris Jacobs, Lamont,
LOOMS Morrssey Robertson, 81. Jonn, Mccarthy
Sayre, SChoonmakcr. sprague, Siarbuck, robey Wag-
staff and Woodln--2l
Against removal-Messrs. Carpenter, cole, Doottle.
Emerson, Kennaday, Moore, Prince Selkreg, Vedder
and Wellman-lO.
The nomination of Allen c. Beach as Superntend-
ent which sent in by the Governor was rejected
by vote OF 10 ~ l5