The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-26
PRISON BARS FOR A ACASHIER
A EISHKILL BANK OFFICER CONvIcTEn
OF EMBEzzLE EMENT
Finecn Hundred Dollars Received of which
No Entry w"s Made-what the Defence
Pretended was Merely Careless Op,..,ou.

/
| Pretended was Merely ~ Careless Omi..tou.
| PorGHKEEPsiE, Oct. Alexander Bar.
tow cashier OF tho ruined Fishkill Bank. was
put upon his trial. yesterday before ustice Jos.
r. barnard in the Oyer and Trimmer on tho
charge OF ombeZ,ling 81 600 from the Fishkill
| savings Bank. Some time ago. u deficiency was
| discovered in the funds Of the National Bank
OF fishkill. amounting to over 100000. and
| Barlow was arrested by the United States nu-
| thortics charged with making false entries in
the books Of the bank to cover up said de1-
ciencies. He was tried before Judge Benedict
In the United States Court. and was acquitted
mainly because OF faults in the Indictment one Of
which was the ahbrcviation Of September. which
was written Sep" or "spt." or "sp." An
effort was then made to have him indicted by
tho Grand Jury OF Duchess County. but 10
failed. Tho next Grand Jury. however. pro-
scnted an Indictment. and his trial began yes
terday The Hon Homer A. Nelson assisted
District Attorney Woodin In the prosecution
and Cen Tracey and William J. Thorne de-
Tended the prisoner.
The main proof Of the prosecution was that
NJ. A. Fowler of this city sent Alex. Barlow
$1,000 In a lcttcr by ono William Stevens
hours when Barlow was on his wav 10 Nav
York, ond handed him, the letter aud money.
New Y9rG H. & &aso had wnR HIM :Sdo s9a wSRit SRIdS
naie W 300 IN all. Tho ncxt day he deposited
ot New YORK To- the credit " the Fishkill Ma
tional Bank. He afterward wrote Mr. Fowers
letter acknowledging the receipt Of tho al 500
but did not charge II or enter II UPON any book
of the bank The books Of the Rational Bank
Were shown and the charge OF 1850 could moi
The defence was that tho 81 900 was not mis-.
applied that the failure TO note the transaction
on the bank books was simply n careless omis.
sion that Barlow did deposit the money in the
Merchan,s EXCHANGE Bank. did ,ait"rward no.
letter. and never in any way uronicd by the uss
OF even one dollar Of it. Gen. Tracey clnimed
moment the bills had been deposited in the
Merchants Enchange Bank to the credit of the
fishkill National Bank BHrtow's responsibility
ns Trcnsurrr Of the savings bank ceased and
the national bank only had right 10 bring a
suit for s loss that such suit could moi la
Drought INTO Court Of oyer and Tcrmincr.
put must b" brought into United States Court,
ii2I II was u Government inst tuition that had in
that cqso be'n wrenged. On such aud other
grounds he moved for an ucquittnl: hut Judge
baIhnard ,hii d,hled the motion and the case went
The court room was throngcd with spectators
a. the summing up progressed. for lcX. Barlow
is widely known along the river. and has always
horne an excellent reputation. Judge Bar
briei. aud nj II ij !. VI. the iiry rsir"d' M,,n.
while crowds, hung about The Court Huu-e.
waiting Tor the Jury tp come in. At 10 l.. VI.
ws inhou9',i , tnat W. Jury had agreed up9n
nam court room. every available seat and
s'93pEding nIarc b,einS qlled.
the court 70 order. and the clerk said " Gentle-
men Of ihe Jury. have you agreed upon vcr-
dlctf, Ihe foreman responded, Wa have"
The clerk said. What say you-lo You nnd tho
Prisoner guilty or not guilty. And the fore
man responded. Guilty" The prisoner who
sat behind Gen: Tracey. bowed his head and
iho tears wrllcd into his eyes His brothers
were also deeply affected. After a moment
more OF silence, District Attorney Woodin
moved for sentence.
Gen. Tracey moved for an arrest or Judgment
on ~ grounds that ;hr ind! twrnt do ., not set
out That the savings institution Wa aI inror-
pnrted Institution. and that II docs not nvcr
th"t IN" net was Ion" without ti.' r1iseni Of tho
savings bunk. II the fund. Wcru .unVcrtrd in
NV York. the prisoner c9u! NOT hc trir,l here.
Tho issu" must b" laid wher, the act wns COM
nitted aud the intitnin ut docs not ahoyy il 10
nave hcrn commit din tir County of Uut, ,hres,
III" motion was denied Con. Tracey tlna
asked that scutencs ho delayed until he could
prepare hill uf cX', piIous. The Court said il
could do nothing until sentence had hren passed
The prisoner was then dire tod o. stand up,
winch he did. Tiih h!- right hand raised. Whom
h@knd 4 he nag ANYTHING To say, he leaned over
TO William j. Ihurnc, ono OF his counsel aud
usk"d MN u whisper II he should sny any
lhihg. MI. Thorne replied in "a whisper. No,
ten thrm YOU have nothing more 10 sny than
has already boon said and he did so. Judge
Barnard then sentenced him 10 five years at
hard Labor in the Albany pcnUrntiury. Tho
prisoner received the sentence with much
emotion. It's severity was surprise To many
IN The court room.