The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-24
THE COURTS.
Acquittal Of Ex-Cashier Barlow, of
the FiShkill Bank.
ABiTlNG DOORS At HUNTERS POINT.
Legal Pugnacity of the Receiver
of the Eclectic Club.

Tho proceedings In the trial OF Alexander Barlow
were continued yesterday before Judge Benedict and
jury, In the criminal branch Of the United States Cir
cult Court General Tracy, before addressing tho
jury Tor the defendant, asked HIS Honor to charge
that the jury mad right to take into consideration
The questions whether the money paid to the bank
Dykeman's account Bar,ow's or not, the ques-
ton made difference between him aud the ri sh-
kill Bank. General Tracy then addressed the jury,
stating tho circumstances under which tho money
was raised by tho defendant through the agency Of
Wmerding, Duren Co. The latter received from
Barlow certain bonds and securities, from which
credit made at tho Merchants Ex-
change National Bank In the OF
Wmerding, Duren l. Co. He contended that these
bonds and securities were sufficiently the properly Of
the defendant TO justify the of them for that pur-
pose by the defendant credit to be applied he
might think best. The bank had securities except
tnose pledged at Washington, and not dollar Of
The asse.s OF the bank the credit Of Dykeman
In the $4,000 credit. II this then Barlow
not guilty OF tho charge OF making false entry, and
Il was conceded that the bank had the benefit
OF the 81 900 ITEM The jury, to convict, must
only Tina that the Dykeman entry false.
also that Barlow knew il to be false, aud that
u was CONSCIOUS intent his part to derau6
Me Fishkill Bank. Whatever his conduct might
his intention to delraud the Fls6kiI Bank:
be had been connected with that institution
lor many years. Certain customers oil tho bank,
Dykoman, had obtained large credits and the result
was mat the time came when the bank needed help
ana Barlow did what he did TO furnish that help ana
save The bank. In doing so he had certainly lost
himself ali that he worth, but the sequel showed
that the bank was 100 deep IN difficulty extricate
iisel by the means Barlow resortod to-
Assistant District Attorney Hcrrick summed up tho
case Tor the government alleging that there suf
hcient evidence IN the TO show that the entry
Was false, that tho defendant knew to be false and
mat he did IT cashier OF tho bank and that the bank
was injured thereby,
Judge Benedict in charging the Jury said that the
defendant was not charged with embezzement, nor
with stealing money from the bank, but with making
on Inc books OF The bank alse entry and with ssu-
ing fraudulent certificate OF deposit As TO the lat
ter the Judge SAID that there sufficient evI-
dence to convict There was, therefore, only one
count which the jury would be called upon TO
slider the pal cular issue was an alleged false credit
OF 81, 900 IN iavor of Mr. Dykeman, when Mr. Dyke
man nad made no such deposit and there was the
further question whether defendant made that
entry Knowing II TO DO false with the intent to
injure tho bank. The statute bearing upon the of.
fence was a novel one, ana was, as lar he knew,
Drought before Tho courts in THE vicinity tor rst
time II Barlow intended to charge himself
81, 900 TO benefit Mr. Dykeman the entry would not
DO false. Ii The loan from Wilmerdng Co., bonds
presented by Cashier Barlow, were known to the
directors of the bank, as having nade by Bar
tow. that would not make the Dykoman entry . true
que. Ii the Jury decided that the entry false,
meant thereby 70 injure the bank, and he did not
tho Indictment would tail. II, on the other hand,
Barlow had no intention Of making The amount good,
but meant 10 cover the condition OF the account,
then he would be guilty Of the charge against him.
In reply ~ an inquiry OF General Tracy, whether
there was any evidence IN The case that any director
ever pretended that he knew u single thing about the
loan OF $2l 0oO the Court said that IL thought there
was. General Tracy SAID he should like know
which witness TO 1t and he directed excep-
ton TO be noted 10 THIS part OF the JUDGES charge
quarter TO two O'Clock and returned into court at q
quarter TO Tour with verdict OF not guilty.