New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-12
FINES NOT ACCOUNTED FOR
HOW THEODORE F. M'DONALDs THEFTS
WERE ACCOMPLISHED.
HIS SHORTAGE. ACCORDING TO THE JUSTICES OF
SPECIAL. SESSIONS is ABOUT $500
NEARLY ALL TIE FINES FOR
DECEMBER MISSING.

NEARLY ALL tbs. FINES fNN
DECEMBER MISSING.
Friends OF Theodore f. Mcdonald, the dis
rraced chief clerk OF the Court of Special Ses-
s!ons the acceptance Of whose resignation was
followed by his arrest on the charge of emDez-
element. arranged yesterday 10 have nm de-
Tended by Edward Lauterbach and Abraham
Levy and efforts were made TO have him re-
leased from the Tombs on bail, but at a late
hour no bondsman had been found. Justice
IIinsdale Of the Court OF Special Sessions made
q long statement about McDonalds case in the
afternoon, declaring that the amount of McDon-
ald's defalcation appeared TO be $4,000
In the last week of December the Justices
Of the Special Sessions appointed Justices Hlns-
dale and Hobrcok committee to examine into
the affairs Of the clerk of the court. At that
time no suspicion rested In the mind OF any
one of the Justices that there was anything
wrong about the money matters of the clerk
The appointment was simply to make gen
erai examination as to the methods OF conduct
ing business In the office
EXAMINING HIS ACCOUNTS.
Justices Hinsdale and Holbrook began the in
quiry last Monday morning and spent almost
the entire day In examining the papers. In
the afternoon an inspection Of the "fnebook'
was made, and their surprise they found
no December fines entered. Mcdonald was Sc
yerely reprimanded for conducting business in
that way and he stated that from the papers
sent up il would be easy to make up that ac-
count He was directed TO make 1t up at once
The next morning. when the book was eX-
amined 1t made up and showed the total
Of anes collected for the month Of December to
have been $5.644 80 No suspicion even then,
rested upon McDonads integrity, but he was
asked for his handbook He stated that the
book was at the bank to be written up. and
that he would produce 1t the next day. His
accounts had been kept in the Franklin National
Eank HeWas-asked- by the committee to make
a transfer OF the money at to the Union
Trust Company, and Justice Holbrook went
to the Union Trust Company for the purpose
of introducing Mcdonald and having his sigma
ture left there.
Mcdonald failed to produce his handbook or
accounts for the December fines. and the pres-
dent Of the Franklin declined 10 allow Justice
IIolbrook to ascertain the amount Of the clerks
account at the bank Mcdonald promised to
turn the amount of the December fires over to
the City Chamberlain and produce the Cham
berlains receipt for the amount on Wednesday,
but he failed to keep his promise. Late on
Thursday the Justices had a meeting and de-
cded 10 call a police detective into the case.
That night Mcdonald was taken before Justices
Jerome and Jacobs. at the City Club. He de-
clared that his money safe in the bank. and
he appeared to be indignant because he had
been taken into custody. 1t was arranged that
Mcdonald should be kept at Police Headquarters
ell night. but not in cell.
JUSTICE HINsDALE's STATEMENT.
Justice Hinsdale's statement Of the
tnues as follows:
About II o'clock on Friday morning message
complained that ne was deprived OF his liberty
nd vas rransed hst Juc
Jerome should proceed to Police Hsadquarters and
aid should be put under arrest Immediately. Nc
not take place until o'clock Friday afternoon but
that he should ne at liberty, in company with de-
place in this city he might wish to visit for the
purpose of getting his rooney.
AT O'Clock on Friday ne came INTO me once IN
charge of Detective FGye; The night before at the
CITY Club Mcdonald had been induced 70 sign a
dent OF the Franklin National Bank to FIJI the same
counts to the Judges Of the court. The statement
Courthouse. a; the Judges Chambers, about 43o
and disclosed that. instead Of there being 5000 in
his bank which ne represented vas there on the
was certified by the bank and Mcdonald stated
that that was all the money he had there.
USED FOR PERSONAL DEBTS.
Mcdonald then questioned very severely by
Justice Hayes to what he had done with the
It, dumb to many Of the questions. and ram
bling in his statements but did that he
in debt about 5000 when he received the appoint
ment, and that he used OF this money pay
his personal debts. Justice Hayes tried to de-
velop the financial resources OF Mcdonald. TO II
q possible for him make good the defalca-
ton. but he had TO give It up hopeless task.
With great reluctance, and after full cons.dera-
ton, all the justices determined that Mcdonald
had had all the opportunity It safe give
hsrp hat he liz
10 sSe m a snd Be' was d as6d s hf
Jerome as a Magistrate sitting, and Justice Hins
dale swore to charge Of embe ZZlement OF
item picked out from a large number Of other
Mciponaid requested that e hearing eaTh be
n mss s Sn aWn Sr ba a Is and the
At $500" Mcdonald cd, PLEADED to be set at liberty
within his power. as sitting Magistrate o to DO DO
anything else but commit him. He did say to
cali at his house at any time Of night to ACCEPT
bal If bail could be procured. and that h would
that duty; No such call was received.
to any Of the justices EXCEPT one Who had sight
acquaintance with him The papers on which he
Court Of Special Sessions were transmitted to the
Judges OF Special Sessions in June last. and were
found 10 be OF the highest character. Copies of
the originals have been submitted 10 the press
porters. for them to take such extracts as they
In every move that has been made during, the
current week In this matter the Judges have been
perfectly In accord and have agreed that at every
material step. painful as has been the duty, they
for Mcdonald feeling that the humiliation him
as a man and the disgrace his family should %
averted II possible.
AMOUNT OF THE DEFALCATTON
Mcdonald able to produce the Chamberain's
receipts for the fines for every month from July
to December. and they are apparently correct; II
there is any error in them. 1t can only be dscov-
cred after a long examination by the Commission
Of Accounts.
Immediately after suspicion aroused touching
McIOnaid'S Integrity. Tuesday order
given that further moneys should go into
his hands. but be received by the