National Republican., 1883-10-17
BEFORE THE BAR.
Action in the German National Bank Cases
.and That Of Bigelow.
Other business Transacted in the Various
Legal Tribunals Yesterday.
TIE CASE OF b. f. praELow.

neys Corkhill and Taggart appeared Tor the
government and Col. w. A. Cook and Mrs.
Lockwood for the defendant. Mr.. Cook
argued the right Of the defendant to know
specifically the charges against him and what
he would be called upon to meet Mr.. Tag
CART followed, and read letter from Mr..
Charles s. Bradley, cashier of the Bank of the
Republic. The letter stated that any intor-
nation in regard TO the cases would be
promptly furnished by tho directors of the
bank. There are, stated MIR. Bradley, IN all
banks certain items known as cash items,
consisting of currency, specie, checks,
drafts, certificates Of deposit, and the
like which are uniformly entered by the
receiving tellers as cash, and were so entered
by Bigeow on the pass books of the depositors
The deposit ticket" usually distinguishes
between currency" and Checks" but when
Bgelow embezzed the deposit he likewise
embezzlol the ticket. BY way of illustrating
the mode of his operations upon the funds of
the bank | cite the following cases: On May
10, 1882, Mr.. J. I. Stevens deposited two
checks amounting TO S2,1s9. This sum was
entered by Bigelow in Mr.. Stevcns's pass
book as cash, and so it was, because the
checks were paid, but never entered on the
books of the bank. On April %, 1882, Mr.. W.
b. Mix deposited $1,000, which was duly en-
tered in his pass book' by Bigelow as cash,
but never entered on any book of the bank.
On June ?, 1882, Mr.. j. G. Willard deposited
posit" therefor. Tho written portion OF
the certificate is in the handwriting OF Bige.
low (exceptng the signature Mr.. Willard
paid him the money for it, but there is no
entry on his book showing any such transac-
tion. o. June 81, 1882, Mr.. VIM. b. Webb
depositel the check of Mr.. VIM. II. Clagett ON
the Central National bank for $500 1t was
duly entered by Bigelow in Mr.. Webb's pass
book" as cash. 1t was paid, but no entry
thereof was ever made by Bigelow. On the
same day Mr.. Charles Walter deposited $50,
which was also duly entered on his pass
book" by Bigelow as cash." but no entry
thereof was made on the books of the bank.
1t was Bigelows duty to enter Immediately
on the books of the bank those and all
similar items, and here may observe that
he generally made his cash ut the close
of the days business square with his en-
tries, and this he could readily do, be-
cause he omitted the entry and en-
bezzled the amount which should have
been entered. l merely refer to sthese few
cases, out of the forty acts of embezzlement
committed by him, in order to illustrate his
mode of operating. There is no one better
informed on that subject than he is, hence
his present application can have but one OBJ
ject, viz, delay. 1t may be proper here to
remind you that before he had even been &C.
cused of embezzlng the funds of this bank
he fed to Canada and registered in a hotel
there under an assumed name, and was
brought back at the expense of the bank,
which has made good to itspatrons every dol
lar embezzled as aforesaid amounting to more
than $4,000. After the reading of the letter
Judge Wylie directed that bill of pt.rticu-
lars be furnished tho defendant, and that all
cases be consolidated. He would not desig-
nate under what statute IL would try the
case. The cases wers set down peremptorily
for trial on Oct. 20.
THE GERMAN NATIONAL BANK CASES.
The cases against Mr.. John Hitz and DR..
,fharles Z. Prentiss, who s!were indicted for
aking false entries in the books and embez-
ling the funds of the late German American
avngs bank, were before Judge Wylie in
The criminal court yesterday for hearing on
motions. The defendants entered a motion
to have the government to elect upon which
of the indictments they would proceed Mr..
L. Ross Perry appeared for the government,
and Messrs. Mussey and Cook for Mr.. Prentiss.
Gov. B. +. Butler, who represents Mr.. Hitz,
was not present, but sent q letter to the attor-
ney stating his inability to be present before
Nov. 13.
stipulation was entered into between Mr..
Perry and Gen. Mussey and sent to Gov.
Butler for his signature. 1t is to tAe effect
that all the pleas filed by the defendants, or
either of them, in case No. 1924, now pend
ing in court, and the rulings and judgments
of the court thoreupon, shall BIO deemed and
taken, to all intents and purposes, as filed and
made in each of the other cases pending in the
court; provided, nevertheless, that this agree
ment shall not be construed to waive the
benefit of the plea of the statute of limitation
where applicable, nor shall it extend on either
side to any matter peculiar to tho form OF any
of the said indictments, and the purpose of
the agreement is declared to be the bringing
ofall the cases to issue for trial.
Judge Wylie set Tuesday, Nov, 90 for the
trial, and SAID the motion to consolidate could
be argued at that time.
SUIT AGAINST TREASURER wYMAN.
Margaret Kenney, through her attorneys,
Gordon and Gordon, yesterday filed bill
against Richard Morgan and A. w. Wyman,
treasurer Of tho United States, to secure the
Endorsement and payment of check. She
represents that Morgan, as the holder of q
certificate of the auditor of the board of pub
lie works, dated March 81, 1873, and for
S999.33, on Dec. Z, 1878, assigned the same to
Messrs. Davidge and Washington, as attor-
neys for L. NJ. Mclean, trustee, and for a
valuable consideration it was assigned to
her; that she entered suit in the court of
claims in the name of Richard Morgan to her
use against the District of Columbia, and OBJ
tanned judgment thereon; that the treasurer
issued his check payable to Richard Morgan
to the use of Margaret Kenney for S33l23,
but declined to pay it because it has not beon
Endorsed by Morgan. She therefore prays
that the latter may be made to lndorse the
bdlne anu inc UTeaSurer uiTeCteu " puJ lt'
THE ACKERMAN DIVORCE CASE.
In the case of Morris l.. Ackerman, for
divorce from his wife Annie n. Ackerman,
the latter yesterday filed cross bill. She
charges that at all times during their mar
ried life he called her bad names and treated
her in cruel manner SO that after she had
left him her mind became impaired She
states that she had him arrested once and he
was bound over to keep the peace. He, she
nil Ctn nj of bar nd N "
to kill her, but upon escaping he attempted
TO chop the piano to pieces She was obliged
to leave him in September, 1879, he having
come homo drunk, and she in fear was COM
PEELED to go out into the street and storm
which was raging outside, During all the
preceding summer she was, she stated, treated
worse than any human being would treat a
dumb brute Once hetold her that il was
strange that he could not wear her out or kill
her At the birth of her baby, in 1863, shC
says she was without physician or nurse
and when she asked for one he told her to gel
them and go to hi. 1t is also charged thai
he committed adultery several time with un
known parties.
TWO LIBEL SUITS FILED.
Mr.. n w. Fitzgerld yesterday filed two
suits for libel in tho law side of the court
claiming damages aggregating Sl5O,000 One
suit is against Mrs. Ii. V. Boynton as CORE
spondent, and the Cincinnati Commercial Ga
zette for 100000. The other is against Mr.
G. II. Murray, rs correspondent, and the GLOBE
Printing company of st. Louis, for $4,000
The plaintiff cites many publications in thu