The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-22
CLAASSEN'S DEFENCE TO-DAY
TIE PROSECUTToN RESTS ITg CASE
WITHOUT HUTCHINGs'S TESTIMONY

IA still in tho dark Us to the whereabouts OF
George L. HutchinGs. the oX-cashler OF the
Third National Bank, who is wanted as wit
ness by the Government In the Claassen trial.
For several weeks deputy United states mar
shall has boen bunting for Mr.. HutchinRs,
armed with subpoena, but Assistant District
Attorney hose said yesterday that 1t has been
impossible to locate him. Mr.. Rose said that
he only wanted Mr.. Hutchlngs as witness and
had no warrant for his arrest,
President Booth OF tho Third National Bank
told Sun reporter yesterday afternoon that
Cashier Butchings came to him two weeks ago
and said that he wanted TO resign TO 20 into
the office OF business concern in which he
had been interested for a yoar The next day,
Mr.. Booth said. Mr.. HutchinRs came around to
the bank and told him that the company want
ed him to make a trip OF about l,400 miles TO
settle up some business OF i'm portance. On the
following day he left the city on his trip.
Where he had gone or what the name OF the
company is with which he Ia connected Mr..
Booth did not know
About month ago Mr.. Hutchings was mar
rled and moved from Englewood to Orange.
where he bought q home. His wife 10 with
him on his present trip.
In the trial Of Peter J. Clsassen. ex- Presi-
dent O, the Sixth National Bank. yesterday,
United States District Attorney Mitchell un-
dertook to prove, without Mr.. HutchinRs's tes-
timony. that the three checks Of $4,000 each
certified by the Lenox Hill Bank on Jan. "a
were subsequently paid by the sixth National
Bank. Howard F. Beekman, check teller Of
the Sixth National. identified a list OF checks
upon the Lenox Hill Bank received through
the Clearing House on Jan. 29. and Barley
Wykoff OF the Sixth National identified another
similar list OF checks. Charles B. De Barrie,
bookkeeper Of the Lenox Hill. identified tho
three checks returned to the Lono1 Hill
The case for the prosecution then rested and
Mr.. Tenney moved TO strike out all testimony
relating to the three loans Of $4,000 on the
ground that the colRterals had not been pro-
duoed in court. The motion was denied, az
was motion made BY counsel for the defence
to direct the jury to sc1uit
Gen. Foster. opening for the defence. said
that Standardization was a crime only when
It ruined bank. In this case tho bank was
stronger at present than ever before No wit
nesses for the defence being ready, the trial was
1f It Is @aaifest IN the trial Of "Finapclsr"
George II; Pell, in the General Sessions, before
cistes in the nnancierinG that resulted in the
wreckinR OF the sixth National. Equitable and
Leno1 Hill Banks nre dispTsed to save them;
Charles /. Waiiaek. whom he made President
OF the Lenox Hill Bank: as witness against
Prise pIs on PEI Fhp SeTef sRPse
the sale OF the $3l 900 worth OF bonds belong:
Which Fell is on trial. testified for the prosecS.
tion that on the AFTERNOON OF Dec l9, shortly
ns hs and 5 the eanf to s
% Sf Ps nS gave '2 him the bonds and ASKED
ss we once SO &c. F al
on Hs vent ahs 70 as
him SIS 900, retaining $4,000 which Pe!l owed
9 S q s. e. hs
the remaining Ave bonds were transferred to
Theodore Meyers I Go. for sale Pell asked
would yield until bis brokers report came IL
about the end Of d the G month. but he thought 1t
W.m Ssshss Of the st. Mich
last owed the bank large amount on some |
old accounts; He agreed to allow pell to do |
Gn ne 9fs .sn 81 Ss5
nnmber Of Checks signed George Il. Peli'
is it not a custom Of Wall street banks"
asked LAWYER Newcombe. in eross-examina-
good before night By depositsf"s
DO you mean IN to say that The oficors OF pa
tional banks thus violate the law?" asked Dis
teeqsy s s hat tn os, o tho national
treat them as certified checks.
Is not that an evasion OF the law, pure and
simple?" asked Recorder smyth.
Il suppose It is sort OF subterfuRe, SIR" the
Do You propose, Col. Follows" asked Law
yer Newcombe bIandly., TO prosecute the
No. but viii invite 'T the 0T attent s 81 the
United States authorities 10 the practice" re.
piled Col. Fellows promptly.
Bank had testified to Pells account. as S agent
In the St Nicholas Bank, IN December. Assist
kda GSses &aSe i sai psr.n MG IN thc
firm OF Pell. Walack 4 Co.
r Ps 81 a %saef c .h61aFR t6o
troled larger part OF the firms business. and
received share Of the profits, Re knew that
except checks. He kept the check books OF the
What bank accounts did you keep7" asked
Mr.. Davis.
Pei. wa En- aePP1 NV B e. Ia Ssmss
E;GuIss6io Bank. RoiI WsIISst Co; Js%ssA;
Bang o. staten Island. ": NJ. Kilduff. signed
NJ: simmons was accustomed TO sign any
where from fifteen 70 twenty checks IN blank.
them cUud draw chsek
bank and deposit In another bank If Deces-
Now, Mr. K!ldur. you know. o; course. what
do not" replied Kildutf with dignity.
DID you not tell me in my office. recently
E Ei,H b asked you 4 this method of dealing
IS check kitinR' that 1t was?"
~ do not remember that dId.r
Ihen Mr.. Davis questioned Kildruff about
he 5,, three $4,000 checks drawn upon the Ienox
dill Bank by Psll, Maddox i Co, dated and
certified on Jan. 2e, but not entered In the
1ank g certifcation book until Jan. 80. On that
late blmmons's check was entered as tho |
heck OF John satterIee& Co, tho firm Of which
rave him iHstructions on Jan. ~ 10 telephone
o Cashier Van Zandt to bring the checks down
rom n ths bank. ~ Whsn Cashier Van Zandt AZ
tamp oil certiication, though the name OF the
'ayee or the signature Of the drawer was not
lpon any ot them He signed one check for
'oli, Wnll S 4 Coz and simmons signed one
hen, by mistake, he signed HIS own name to
he third CHECK. instead Of bAtterleo 4 Co. Pell
old him that the checks would probably not be-
dIcerteinly not before tho next day I
Cashier Van Zandt corroborated Kilduff az
o tie O. S"ndittoRR q the checks when he deliy
erify checks wherein the name Of the payee
Tas not inserted. q
3ws. TO certify check before the maker ]