The Windham County reformer. (Battleboro, Vt.) 1876-1897, 1881-03-11
COUNTY COURT.
The Whitney Bank Case.
A PART OF THEPLAINTIFF'S Ev-
IDENCE ExCLUDED---CLAlM-
mo THAT THERE WAS
.-5 .f.. No.ROBBE cry. ID
[From the RsFonMEa's Special Reporter.l

q THAT ThEhE WAS
,f.. No.RoBBERY. ID s.
[From the RsFoRMERs Special Reporter.l
The County Court opened at Fayette'
| Vile Tuesday, Judge Taft presiding, with
Assistants Ballou and Wyman. 1t is ex-
pected by all parties that the term will
| be short, probably not extending far into
week after next. The following is list
| of petit iurymen summoned ON the first
ventre; -ttIf ID. =
First Venire Athens, Othniel R. Ed
wards; Brattleboro, o. L. Miner, l. B.
Taft. John S Cutting, Fred H Harris
BrooKline, VIM Nj Ware; Dover, + F
Fitch; DUN merston, George r Bennett
Gsafton, S Dexter Conant; Halifax, Frank
Worden: Jamaica, A o Coleman; Lon
douderry, VIM w Pierce, James Sutton
Marlboro, ii G Bellows; Newtane, Albert
7 Warren; Putney, Rob't Kathan; Rock,
ingham, F B Locke, L ? Barry, K 2
Smith Stratton, A j Pike; Townshend,
Z Knapp; Vernon, Dwight Johnson
Wardsboro, Geo Ball; westminster, nj
w Davis Nottingham, A Wilder;
Wilmington, E J. Temple; Windham' Geo
A Farr. .S.Eff
End Venire Grafton, Harland Phelps,
E c Tenney; Gullford, Orson Thayer.;
Stratton, Alonzo Wheeler; Wardsboro,
d c Dexter. 4..,. 80 :,
The first case struck for trial was the
much litigated suit of J. d. Whitney Us.
The First National Bank. In empannel-
ling the jury it was found that not suffi-
cient number were present who had not
expressed an opinion in the case, 30
venire was sent out for more. This was
suit brought to recover $4,000 IN bonds
taken on special deposit for safe keeping,
which defendants claimed were stolen at
the reported robbery in June, 1871. II
was tried at the County Court, April
term, 1876. 1t was then claimed by the
defendant, and so held by the Court,
which decision was confirmed by the SUI
preme Court at Montpelier, that the Natl
banking act did not authorize banks to
receive such deposits, and hence the do
ing of this was ultra vires, and the corpor..
alton could not be charged for any neg
lect of its officers in respect to such de-
posits. An appeal was taken to the U.
S Supreme Court, which, at the trial last
December, overruled this decision, and
the case was remanded back for new
trial.
The fact that the bonds were received
and receipt given for 80 many bonds
received on special deposit for safe keep
ing" and that the plaintiff has never
received them or their value in money,
was conceded. The plaintiffs testimony
tended to show that the bonds were con-
verted to the use OF, and became merged
in the funds of the bank previous to the
robbery, and that such was the custom
of the bank with respect to such deposits.
That subsequent to this seven different
persons called for their bonds deposited
in this way, that none of them received
them when called for, Mr.. Waite some
times claiming that they wore away ut
the city bank for safe keeping, and at 9th
err times that they had been called IN by
the government and redeemed, but IN
none of these instances were the bonds
delivered when first called for, but after
calling several times and being repeatedly
put off, were finally paid in money. The
bank did not exercise the same care that
others did over their special deposits, in
having vault accessibleb by sneak thieves
from the business room, in leaving them
unlocked and exposed to view during
banking hours, and in leaving the bank
in charge of one person for half hour
or SO.
The defendants testimony tended to
show that the bonds were in the safe on
the morning of the reported robbery,
that they kept as good care of the special
deposits as other banks similarly circum-
stanced, that robbery did actually occur
and the theory was based upon the cir
cumstance that stranger hired span
of spotted horses at North Adams, Mass,
TO 90 to jacksonville; that two we'll
dressed strangers with such a team put
up at the Glen house at West Brattleboro
Two days previous to the reported ROB
berry, and the next day were joined
by an associate that they were alone in
a room most of the next day AND that the
morning of the reported robbery they all
started toward the east village; that this
team was seen between the hours of IL
and o'clock hitched in trout of the house
of Ferdinand Tyler; that man appear
ing like countryman was seen in the
post-office seated on some barrels, and
seemed to be watching the postmaster
stamp letters, but might see through
window to the outside of the ilector's
room; that about this time stranger
appeared at the bank and purchased a
draft on New York which Waite swears
has never been presented for payment,
md after that was done he presented
bag of gold for sale which Sawyer, who
was alone, counted the stranger disput-
ing the result, and it was counted the
third time with the same result, and the
stranger thereupon gathered up the gold
and went away saying that it belonged
% lady and he could not let it 60 for
th hat nv n
name of Stephenson came in about the
time the stranger did and was present till
he " ent out; and that between and
o'clock the team passed back through
the west village with only one in the
carriage and that about the same time
two men were seen walking hurriedly
to Guilford /; and that about IL clock at
night two men stopped at the house of
N. P. Chaplin in Guilford and called for
osmething to eat.
The case at the adjournment OF court
last night had not reached the jury, and
is not likely to till the middle of This after
noon. Davenport & Eddy and Judge
Barrett for plaintiffs; Phelps, Haskins &
Goodnow and G. B. Eddy for defendant.
From the above it was claimed by
counsel for plaintiff, that if the bank was
actually robbed in the manner claimed,
a proposition which they denied, proper
diligence was not exercised, such as be-
longs to men ofordinary prudence. That
the supposed robbery was put-up job,
as evidenced from the fact that the dis
covery was made by Teller Guild at
abost two o'clock p. NJ, and that the di-
rectors were not called till e.. +. Thomp-
son, one of them, happened to casually
drop in, after three clock, and then was
apprised of the fact by President Willis
ton. Defendants claimed that they were
only answerable for gross neglect, which |
is the want of such care as man takes
of his own property, that it was a mere
naked deposit, without any special I'M
dertaking, to keep safely.
Mr.. Phelps yesterday made mastery |
argument of about two hours and q half |
to the court and. WAS followed few min
utes by Mr. Davenport, who will contin- |
ne this morning. Judge Barrett will then |
address the jury, followed by Col. Has |
sins and Mr.. Eddy, and Mr.. Davenport |
wi close the argument 10 the jury.
Evidence was offered tending TO show
want of ordinary care in keeping in the |
employ OF the bank drunken man like |
SAWYER. and that his manner OF living |
justified the presumption that he would |
be more likely to appropriate the bonds