The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-19
THE COURTS.
Bottom Facts Of thesFishkill
Bank Defalcation.
GIVING BOSTON TIE COLD SHOULDER
important Point as to Oaths Required
of Referees.

The trial OF Alexander Barlow, ex-casher OF the
Fishkn Bank, was continued yesterday in the GRIM
ina branch OF the United States Circuit Court before
Judge Benedict ana jury. Mr.. Herrck appeared on
behalf OF the government and General b. r. Tracey
for the defendant
Mr. W. 4. Browning testified that checks wore
drawn by Dykeman, and that they were paq after the
credit Of S2i 600 ON cross-examinaton the witness
said that the account with Wilmngding, Duer Co.,
on the 18th of December, 1874 showed an Indebted
ness OF $4,000. Mr. Barlow had solo charge OF that
account.
Mr. Henry Bostwick was next called and said that
he was director of The National Bank OF Fshki from
1872 10 1877, and now receiver The capital OF
the bank was s2O0, O0o He knew 4. p Dykeman He
had conversation with Barlow in relation TO the
Dykeman account ne pm maa' mn no's loan Us Drps
man should be reduced Mr. Barlow was
item OF sai. 900 70 Barlow, VINO told witness that
DyKeman had never deposited II and that the credit
was not correct He stated TURNER snat no was pres
generally, but could not say that he was present. AZ
every meeting He lived twenty miles away from the
bank. The question OF granting interest 10 persons
who made certificates Of deposit never came up, ac
cordng TO his Knowledge. at the meeting oil directors
On nation he stated that the credit Of
SCI, 600, as shown the books LETT Mr. Dykeman
debtor bank about $4,000; IN his conversation
with Barlow about Dykeman's credit OF s2l,OoO
Bartow SAID that ii wrong entry; Barlow dd
pot go explanation to why that credit was put
mere; mind was cIeur that Barlow SAID that the
fntry was wrong, and that wrong" was the word
used.
Mr. Van Wythe was the next Witness and said that
he was a director OF the bank but he did not know
practice Of the bank in reference 10 tho
issue OF certificates O. deposits, and only knew what
Ii was nom the convers that had taken place
among the directors SLIGO the trouble of the DanS
the subject Of certificates of deposit was before
the directorate. District Attorney Herrick,
after the examination OF Mr. Van Wythe was con-
cuded, said that IL was near the time OF adjournment
a r1u fha nayf wi
government would occupy nearly halt day. He,
therefore, would ask then Tor an adjournment. Gen.
era Tracey objected. he said that the trial had
proceeded very slowly ana. II was great burden 10
hugants and counsel. he would undertake 10 assert
his case that IL could have been tried day. The
Court here. however, notwithstanding the opposition
to Adjournment adjourned TO next MONDAY morning.
BENJAMIN BROWNS EXTRADITION.
The matter of the extradition oil Benjamin Brown,
claimed under a requisition from the Governor of
Massachusetts, already reported in the HERALD, came
up in tue Marine Court before Judge Snnott, yester
DAY, a side issue. When Judge Barrett, IN the
Supreme Court. disposed OF the habeas corpus which
been issued favor of the prisoner. adversely to
him, 1t appeared that he was still held by the ShetiT
order OF issued from the Marine Court,
In suit BROUGHT against him by Morris Herzhold and
another for $40C This order Of arrest had been Is
sued the allegation that Brown had incurred the
debt by falsely representing that owned mortgage
Tor So 500 on s'saIsple room'' in Boston, besides
other property. TINS mortgage Is alleged 70
be the same which forms The grounds
OF the Massachusetts prosecution, IT being there
charged that alter hrst getting loan OF
$1,000 the mortgage note (the mortgage
itself being part OF the coatera he again borrowed
mortgage, alleging that he had lost the note.
The case as IL came oetorc the Court yesterday,
on q motion vacaJe the order OF arrest This mo-
tion MADE part OF tho Commonwealth OF
MASSACHUSETTS,, by Mr. A. IL. Ammidown, or the
ground allegation OF false representations, on
which order issued, not true, and that
the the result Of collision between Brown
other parties. the aisty OF The allegation,
appeared that Brown had only pledged the mortgage
collateral that the legal title 70 1t remained IN
him at the time alleged ne told plaintin he
owned it, and that the conspiracy might be inferred
from The that the false statement as 10 owner
ship, relied upon by plaintiffs was, by the defendant
himself, Admitted TO DC false, wne In law II was
true Mr.. Joseph j. Stein, who appeared as counsel
Tor the plaintiffs, in opposition 10 The motion SUBJ
mitted affidavit @enying absolutely any COLLISION
conspiracy oht aiming the order Of arrest, alleg
lug the plaintiffs only acting in good faith
by using diligence 70 secure honest debt and that
pniy this regard aid they incidentally delay the
setts to answer there whatever charge they might
have against him, charge which, he SAID, II we'll
founded, could be as well enforced alter MS clients
had been posed of as now. He also stated
that he would like an opportunity TO submit further
athdavits showing perfect good faith and legal right
The part oil his clients. Judge Sinn0t allowed him
until to-day furnish these aiidavits, and In the
meantime reserved his decision the motion ON
behalf oil the thorties OF Maasach usetts.