The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-11-08

the White House Us an Executive office,
but he did not think II proper so 70 do, al
though he believes that the President
should reside in house in the highest and
healthiest part OF the city, remaining in
the Executive Mansion not at any one time
only as long Us may be necessary for the
Of the Executive business.
THE FORTHCOMING MESSAGE,
President Arthur Is understood to have
the preparation Of his first
annual message to Congress, He Is expect
ed, among other things, to commend the
Three-and,a-halt per cents (Windom's); to
express himself in favor OF the speedy
reduction Of the public debt; to speak well
OF the national banking system; to refer to
the largeand constantly increasing accumu-
lation Of silver dollars in the Treasury; to
praise the Star Route investigation unre-
servedly; to condemn polygamy, and to
touch approvingly on the movement for
the admission Of Dakota as q State, and on
the movement for national bankruptlaw,
In speaking OF. our foreign relations be is
expected 10 enunCiate the revised version
OF the Monroe doctrine, large appropria-
tions for the increase and improvement OF
the army and navy, and the necessity for
national aid to secure the education OF the
illiterate are, II is said, TO be spoken Of
His friends say that 1t will be State paper
Of which no man need feel ashamed,
THE STAR ROUTE CASES,
In the Star route cases this morning the
argument was resumed on the motion to
Quash the information, Mr., Cooke oppos'
Ing the motion. lie said the case did not
come into court by authority Of the prose-
cutting officer, but at the request and direc-
ton Of the Department of Justice and OF
the Postoilice Department, where the
frauds arc alleged to have taken place.
The prosecution OF cases by criminal infor-
nation had prevailed In the District for
upwards Of ten years. az fall
Mr. Cook, counsel for the Government,
then made an argument against the motion
to quash the criminal Information, pre-
facing his argument by saying that II
might be supposed that he would reply to
the vituperation which the defense had
through hired scribblcrs and through the
press bestowed upon the Attorney General,
Postmaster General and himself, but 1t
could not be done, and this was not the
proper place to do 1t, A lawyer, in addl-
ton to his other qualities, should invarl-
ably possess those Of a gentleman, and this
would restrain him from any
reply which might otherwise be justifable
in regard to those personal assaults.
In this case Cook said the statute OF linz
itations required the filing OF information.
How TINT happened 1t was not for him to
say, but the fact would live IN the annals
OF the Court that the Grand Jury did take
n recess for ten days, and that II was there
fore impossible to bring the Star Route
cases before 1t within those ten days lie
had no notice, directly or indirectly, Of the
recess OF the Grand Jury. lie had been
called by telegraph to Long Branch
to consult with the Attorney
General, Postmaster General and Mr..
Bliss, and when he reached the city
on his return he learned that the Grand
Jurylmd adjourned. There was but one
pathway left open, and with laborious
effort and with constant work the iniOrma-
ton was prepared and fled. He had not a
censure to pass on any one. He had living,
breathing facts present. There was there
fore necessity for filing the information.
Otherwise the statute limitations would
have been an elleCtual bar to prosecution.
Cook then proceeded to argue that the con.
viction In this case would not render
the accused infamous, and, therefore, the
position Of the defense on that ground
could not be maintained, In this connec-
ton lie quoted from the decision Of the
Supreme Court OF the District Of Columbia
that to make crime an Infamous penalty,
II must pronounce against the offender n
deprivation OF his civil rights mot his priv.
ilegcs, such as setting upon q jury, and in
the absence Of such forfeiture, the crime
was not infamous unless expressly pro-
nounCed such. Mr.. Brewster, on the same
side, will make an argument tomorrow.
AN iMroRTANT DEcIsIoS.
A decision OF some importance to banks,
insurance companies, and all corporations
which employ agents, was rendered In the
Supreme Court to-day in the case oi the
Central National Bank, OF Baltimore,
against tho Connecticut Mutual Life In
sIranCe Company. The litigation grew
out OF n deposit OF about $1,000 made in
the bank above named by A. II. Dill.
Ion, Jr., General Agent Of the Connecti'
cut Mutual Life Insurance Company,
and standing on the books Of said bank In
the name OF said Dillon MS such agent. II
appears from the evidence that Dillon was
IN the habit Of depositing In the bank to
the credit OF his agency account, the money
belonging TO him personally as well as the
money collected for and belonging 10 the
Insurance Company, and drew checks
against this agency account for his
own personal use as well as
for remiltances Which lie mado the
company whose agent he Was. In 1873 the
bank discounted for Dillon and his wife
personally note for $4,000, the proceeds
Of which Dillon used In certain bust.
ness speculations. When this note fell
due II was not paid, and the bank,
on the 1st Of June, 1874, charged II
TO Dillon's agency on account Of the In
suranCe company. They maintained the
undrawD baIanGo on agency account Of
about Si1 900 belonged 70 them, and the
bank had no right 10 satisfy out their
friends note given by Dillon 10 raise
money for his own personal use,
Tie company, therefore, brought suit
10 recover from the bank the amount OF
tLis undrawn balance OF Dillon's agency
aooounL On the 10th Of June, 1878, the
Court below rendered decree directing
the bank 10 pay 10 the complainant, the
Connecticut Mutual Life Insurance Com.
pany, the amount the friend claimed, with
interest. The bank lhereupoh ap-
pealed 10 this court, which holds
That when against q bank an account
designated as Que kept by q deposition In q
fduciary capacity, The bank seeks 10 arrest
lis lien "a banker for the peEonalobli
Of the deposition known 10 lave been con.
tracted for his private benefit, u (lhe bahkl
must be held as having notice that eiinl
represented by the accounts not individual
property Of the depoSltor Il II Is shown
10 consist In the whole, OF In part Of the
ltlnds held by him in trust relation. The
Court further holds (Quotinga q recent de-
cision Of the Court Of Appeals In England,
lie case Of Natchell vs.. llallet), that oil
money held by personal 6t tiidq.
Ciaty capacity, though not as Trustee