The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-17
THE FISHKILL BANK SUITS.

SIGNATURES TO THE COPY OF THE FICTITIOUS
RESOLUTION ASSIGNING THE SIX TEN THOU
SAND DOLLAR BONDS GENUINE-NAMEs Az
FIXED WITHOUT EXAMINATION OF THE REC
oEDs-A NEW ELEMENT IN THE LEGAL CON-
TESTS
tlth PoUGHKEEPsIE Feb. 49, 1875
The examination in the Fishkil Bank suits was
continued before Referee Brewster Yesterday and all
Of the evidence given was highly important The first
person called to the stand was John s. Langworthy,
Deputy United States Comptroller of Currency He
exhibited six $4,000 bonds which had been cancelled
They the ones originally assigned by the Fishh
Savings Institute to Wilmerding Il McCandliss, New
York, and witness also exhibited aresolution or copy
of il. on which the bonds assigned the resolu-
ton being dated 1862. 1t is signed James E. Dean
president and Charles E. Barlow, secretary OF the
Fishkill Savings Institute and the seal of the ins
tute is affixed to it. 1t purported to be copy of
resolution upon the books of the savings institute.
when in fact no such resolution can be found on
the books. James E. Dean president
Charles f. Barlow secretary OF the institute in 1862.
A sEcRErARY's RAD MEMORY.
Charles f. Barlow was placed upon the witness
stand. when he swore he was not secretary of the
savings institute until 1872 ten after the date
OF the resolution referred to- and yet he also
that his signature to the resolution was genuine.
When pressed to say how or when he fixed his
name to it he couldn't tell he had no recollection
tended to sign it as certifying there was
such resolution on the books passed by tho
paper resolution with the books Of the savings
institute. The theory is that Alexander Barlow. the
telling him it was copy of the books. got
him to sign it. without his taking any pains what
ever to look into the matter.
TESTIMONY PRESIDENT DEAN.
James L. Dean was next sworn, and he testified he
did not become president OF the savings institute
until the fall Of 1862 He shown the six $4,000
bonds and recognized his signature on the back oe
them transferring them as genuine. He swore also
tina. when he al gned them lie signed them in blank
An examination of them shows they were assigned
to Wilmerding and McCandliss, New York.
On his cross-examination witness said as presss
dent he had the custodanshp OF the bonds but they
were in charge of the Treasurer alexander Bartow
A discussion followed. during which the knowledge
in their banks, aud how.the business is transacted
criticised One of the counsel in the case is
bank president and the referee called the attention
the lawyers present TO the fact that the counsel al
luded to, while looking a. one of the books of the
bank before them, had to be shown which was tho
debit and which the credit side. Naughter.)
The witness testified that the $60.OO0 stolen bonds
formerly kept IN the savings bank. but the year
before the National Bank of Fiehkill suspended tho
savings institute passed resolution putting them
into the Safe Deposit, New York. The savings inst-
had safe there. Witness had key to the safe
knowledge OF witness the bonds ever placed in
the tin box. The first that he knew they We're gone
January 3, 1877, and they were never used with
the knowledge or consent OF witness
The ABOVE is the most important part Of the test-
mony given yesterday, and then an adjournment was
effected till March s. when the examination will be
continued for two days, at the Aston House, New
York.
A NEW LEGAL CONTEST.
During the day new item of interest cropped out;
which reveals fight $4,000 in addition to
the amount already involved 1t seems that the day
before the National Rank of Fishkill suspended
Alexander Barlow the cashier, drew check on
the Merchants Exchange Bank of New York
for $4,000, with which he took up loan
on the Bowery Savings iBank made in
1873. and took the bonds which belonged to indivd
uals and deposited them in the savings institute.
The receiver of the national bank knew nothing Of
this transaction, and fast the owners of tho
bonds applied for their property settled with them
for sixty cents thereabout on dollar. Now that
the receiver has ascertaned the above fact he will
sue the savings institute for the 900 worth OF
bonds. and ii he is successful the claim of the
savings institute against the national bank will be-
$45, 900 instead of $60.00U, or $15.0O0 less.