Savannah morning news. [volume] (Savannah) 1868-1887, 1885-05-03
ROBERTS CASE
TITS CHANCES THAT lie WILL
~. TAKEN TO NEW YORK.

-
vas fairly filled with spectators when the
case of VIM. S. Roberts, eN-Iresident OF
the Bank Of Augusta, was taken up at
O'Clock yesterday. The accused is charged
with hypoihecating $40 ,000worth of bonds
of the Georgetown and Lanes railroad,
of South Carolina. The bonds are the
property OF the Bethlehem iron works
company, Of Northampton county, Penn
sylvania. and were on deposit with the
Bank of Augusta in 1883 with other bonds,
the whole amounting to $4,000.
Roberts was indicted IN the State of
New York upon the testimony Of the
Vice President of the Beth
hem iron works, ana upon the re-
J4est Of the District Attorney of the
county Of New York Gov. Hill issued a
requisition. Roberts was subsequently
arrested in AUGUSTA. To prevent his eX
tradition, application was made for a writ
OF habeas corpus, and hearing OF the
case was had before Judge ROney, OF the
Superior Court of Richmond county. On
Friday Judge Roney delivered his opin-
ion, and refused to dismiss the accused.
The counsel for Roberts, ANTICIPATING this.
had invoked a habeas corpus from Judge
Speer, of the United States District Court.
The writ was made returnable yester-
day, and the case was opened by Major
Black, of the defense, who inquired il 1t
had been called for hearing or only to
set a day Tor hearing. Judge Speer an
nOunced that the case was called Tor
hearing. The petition OF the defense was
then read. II recied that now and since
April 26 Roberts had been in the custody
OF Philip Reilly, an agent Of the State OF
New York, by whom ne was unlawtully
restrained of his liberties. Further, that
t,1 fttp .tgla nod wit of
indictment which accompanied the
iequisitiOi; that the date OF the indict-
meat was not mentioned; that it was not
shown that the Indictment was duly
authenticated, and that il any crime was
committed by Roberts it was IL Georgia
and not in New York.
INDICTED FOR GRAND LARCENY.
The return showed that Roberts had
been indicted in New York for grand
larceny in the first degree The defense
asked to have that part of the return
which referred to the action in the Au-
gusta court stricken out. Judge Speer
was OF the opinion that he mad concurrent
jurisdiction with the other court, and the
Objectionable matter was allowed to stand
temporarily, though the point may come
up later.
The record was then read by Judge
Twiggs, of the defense. IL included q
copy of the requIsitiOn issued by GOV.
Hill April % Also the application of
District Attorney Randolph b. Martin. of
New York. 1t rected that an indictment
bad been drawn against Roberts and Ed
win II. Walton upon an affidavit Of VIM.
w. ThurstOn, Vice President OF the Beth
lebem iron works company. 1t also stated
that the two were fugitiyes from justice,
and that the requsItlOn would not be
used to enforce the payment of any debt.
fafun
with the declaration that he believed he /
ed sufficient
EVIDENCE TO SECURE CONVICTION.
= next paper IN the record was an
Da invit of W. w. ThurstOn. In il he /
5 ga that the property ALLEGED TO have /
been stolen belonged TO the Bethlehem 1
IRON company. He declared the sole pur-
pose of The reQuisltion to be the arrest
and punishment OF the accused as the
laws direct.
Solicitor Wright for the respondent, OBJ |
jected to the admission Of any aflidayits /
upon which the Indictment was found, |
as the court was not to pass upon
the innocence or guilt of the accused. |
The reading was allowed, however. |
ThurstOn's affidavit then proceeded to re- /
cite that on April %. 1888, the Bethlehem /
iron company caused TO be deposited with (
The Bank Of Augusta eighty-twO first |
mortgage bonds of the q. q l.. K. r., each |
bond being OF the par value OF 900. The |
bonds were issued in 1882, ana were made |
Tedeemable in 1913. After the deposit in
April no other deposit was made until
Sept. y, " hen $4,000 more were placed !
with the bank; other deposits We're made |
Of $4,000 Oct. 20. $1,000 Oct. "a. SIS 600
Oct. 80, and $4,000 more about the same
time; total $4,000.
THE FIRST SUSPICION.
ThurstOn said that he did not know that
anything irregular had occurred until he
read in a newspaper that the Bank Of
Augusta had tailed. He at once went to
Augusta, nd, on Jan. y, demanded of
Roberts AID his cashier, Walton, the
bonds. His demand was refused, and be
was told that the bonds bad been sent to
New York IN December. Walton admit
ted having taken the bonds from the
vault and having delivered them to
Roberts, whom he knew intended TO take
them TO New York, and also knew for
what they were TO be used The
affidavit continued that Thurstun
afterwards learned that bonds to
the amount of $4,000 had been
pledged by Roberts to secure an indiyid.
ual obligation.
Forty thousand dollars more had been
left on deposit IN New York, Roberts
having been unable 10 negotiate them.
On Feb. u. 1854, Roberts telegraphed
Walton from New York to send $4,000 Of
the bonds by express 10 the Mercantile
national bank. Fifteen thousand dollars
more turned out 10 have been hypOthe-
Gated by the Bank OF Augusta. Thurs
ton, in his testimony, stated that he be-
lieYed il impracucable to obtain an
INDICTMENT IN GEORGIA.
The 40 bonds that were placed with the
Mercantile national bank of New York
were 10 secure "a note of j. 4. Bhlups 4
Co., which note was atterward partly
paid.
A letter from Roberts was read. beg
cling William Il. ST. John,
President OF the Mercantile National,
not 10 sacrifice the collateral. The Presi-
dents OF each Of the New York banks
holding the bonds refused 10 de.
liver them TO lhurston upon demand.
Messrs. Wright and Miller objected %
the Introduction Of an affidavit OF Roberts,
in which he denied being n fugitive from
justice, anu denied having committed any
crime against the State Of New York.
The objection was on the ground that the
aiiidaNlt was IN the nature of an en- p0rte
statement. The objection was not sus-
tained, and the affidavit was read. An
affidavit signed by Walton was also read,
in which be stated taat be knew Roberts
had not been Ia New York Tor six months.