The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-11-01
THE BENNER TRIAL.
The Citizens Savings Bank Case
Comes Up Before Judge
Sheehan.
The Accused Remanded to Appear
Before the Superior Crimi-
nal Court.


yesterday before Recorder Sheehan. charge,
with conspiracy. embezzlement and perjury
aud In default OF $4,000 bonds was remanded t
the Parish Prison for trial before the Superio
Criminal Court, on the charge of perjury ant
, willful concealment Of facts.
JOHN W. FAIRFAX,
prosecutor. was put on the stand and testified
J that during the months Of August and Septem
Der last he was depositor in the Citizens Saw
tngs Bank to the amount of four or five hun
dred dollars and holder OF $4,000 worth of stock
II Counsel for the State, Mr.. Charles Luzenburg
then put the following interrogatory:
Mr.. Benner is charged In this affidavit will
having conBpired with some persons unknown
to you to defraud you Of your property and
then with having embezzled this property, con.
slstlng OF moneys that you described as being
$1,000. State what facts you can recall bearing
on this charge OF embez7lement Of those
moneys or securities by this bank cashier
The question was objected to by Mr.. Bene-
dict. acting for the defense, on the ground tina,
1t was not covered In the affidavit. The court
sustained the objection. and the charge of con.
spracy. rs well US embezzlement. for the same
and willful eoncealment of facts was then taken
] up.
JAMES CAMPBELL
| bookkeeper OF the bank. was the first Witness
| he produced the original report of the bank.
sworn to By the accused 10 August. 1879. at the
promulgated In the official journal.
Theo. Guyol. notary, testified that 1t was the
same report that Benner had sworn to as cor
| rect before him.
THos. HAsAf. JR.,
one Of the lquidators deposed that he had not
made thorough examination Of tho books
but he saw that the deposits on the bank state
ment as published were 500 a2b 80, whereas the
books showed them ha Eu
thermore. that there were twenty odd thousand
dollars OF stock held by Bonner. which did not
appear as paid up.
On he cross examination witness said there
was 50 much confusion In the books TINT 1t was
impossible for either Mr.. Legendre or himself
TO come to any definite conclusion. Frequently
they had to call On the bookkeeper to explain.
They had nearly finished the account of the as
sets when the bookkeeper presented Mr.. Benz
ners note Tor 826 900 rs one OF the asssts, Mo-
nelPs inventory. as checked off by him. was
correct He did not mean as to cover the cor ,ts
The testimony Of Mr.. F. II. Legendre was yas cor =
roborated BY Mr. Hasam.
70. B. HITCH.
assistant cashier and commissioner, was next
interroGated. Has been with the bank since
IN. the report given to the state Treasurer On
being shown the report and his attention called
t9 TIE Item h a q $40 paid and asked to
whenever stock was issued by the bank II was
given IN the name Of Benner aud the money
Bonner The bundred onsand . doar STOCK &
that was paid In was correct. Knows that it
was paid In. but can't tell whether In cash or
In cash and partly In notes. The stock book
does not show that. but he thinks the loan book
Will: The amount unpaid In April. 1877 was
$36 400. The loan book shows that that amount
or stock Was paid IN notes one signed by Bon
ner as cashier and one by him personally. se-
Ry PLEDGE q h n b t and the note
with the consent OF the directors and stock
holders 80 rs to mako 1t appear that 1t was all
paid In.
THE PERSONAL ACCOUNT
Of Benner. and his account as cashier. were all
Kept In one. and hence, II It possibly could be
q. 1t would be difficult matter to discover
personal interest and the interest OF the bank
were Involved. Some OF the stockholders were
his stock In cash. Don't know why Mr.. q. W. |
not know il Mr.. Burbank thought Ben nea
was only secured by his note. None of the facts
were kept secret. Told gentlemen that he had
never paid any attention TO. Benner's account.
to his connection with the bank, and that he |
did not know whether Benner had paid in one
or ten thousand dollars.
Item No. s. under the head of other loans and !
discounts. $94.075 &C. witness explained meant
ne amount due The bank On loans and notes 10
note OF $4,000. The difference between the de-
posts account Of $25 925 SO and $40 900. the wit
ness explained was due to an overdraft of Ben
100000. Benner's overdraft was caused BY his
personal expense and losses of the bank which
extended through the slow process of years.
The overdraft was caused by loss on invest
nents and specnlations In bonds whose re-.
urns In most cases were less than the amount
paid out. These speeulations in bonds did not
appear as bank speculations as Bonner kept
hem in his personal account.
THE BANK
lad assets enough at the time of the statement
pay all OF its liabilities. that is If the assets
lad been available. Most Of them were honest,
God assets, Benners note Included as It was
eeured BY the stock Of the bank. He. witness,
q statement. the, publtsh statement
isbel1eve Its correctness; could not answer
nr Benner. who also 81 ned the statement
NE statement was, not signed by the two d.
nd Mr.. Gubernator. two of the directors he be-
ewes. we're absent from the city at the time, and
9 has no knowledge of Mr.. Hasam's wherea-
outs then.
MIR. BENNERs SALARY {
Tas $4,000 year and he has not drawn 1t for five
ears. The bank owes him about $4,000. Mr.. 9
airfax frequently overdrew his account, It lis .
OF customary to let overdrafts run from year I
year. although the bauk does hold an over {
raft Of Attorney General Ogden. caused by
linute book. Is s25o0 rear from the first of 7
anuary. The corner of the book. giving the
ear. is torn Of, he believes accidentally. from
liking the book from the vault
The resolution was adopted In the month of
pril. 1875. Benner's salary began In January, c
rs. and the amount due him Is about &11 900
y four years, Of which he has drawn salary
II four or five months. n
MR.. FAIRFAX RECALLED.
On October Benner called at my Office and
nong many other things. related how he had
zen tricked and deceived by his fellow direc-
re- and associates In the proceedings for the b
luidation Of the bank. He. Benner. stated
at he was com pietely ruined by the proceed r
gs. and appealed to me to befriend him that S
had been tricked and deceived by Hunting
q In the proceedings taken, and that they had P
# him without resources; I asked him
ass such as to leave all OF rs Impoverished
far as our interests We're concerned. He
9 depostors would be paid, and if he had
9 holding Of the assets he might probably
better.
put the question directly to him. How
uld you have sworn to a statement to which
u hays Just offered II the bank was in such a In
rrible condition 2" He said, Il could not let W
Q public know the true condition OF the bank.
was proposed to