New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-31


~ornelus L Alvord 5r- the note teller Of the
rf-st National Bank who is charged with en-
hezzling $500 coo from the bank. and who was
arrested IN Boston on Monday. was twice ar
rsigned yesterday before Magistrate Flammer in
the Centre-st- court He was taken TO the court
shortly after 1870 O'Clock, and again at 5
o'clock m the afternoon, when he was committed
without bah 10 the Tombs affidavit sworn
70 by Detective Edward Armstrong of Police
headquarters = slight delay occurred in the
preliminary steps Of the prosecution. the
question was raised as 10 whether Alvord should
Be tried in the Federal or State courts. This
point will De argued al 10 a m. Friday before
Magistrate Flammer
Fisher a Baker. counsel for the First Ma
tonaI Bank. was present at the proceedings IN
the afternoon. He said he had secured q war
rant from the United States District Court 70.
the arrest Of Alvord. under the laws relating 10
embezzlerent and making false entries. He
said he would prefer that Alvord be tried in the
Federal courts. The prisoners counsel seemed
ron-committel on the point raised Captain
NcClusky said nothing about charge Of en-
bezzlement being made against Alvord in speak
ing about the case at Police Headquarters in the
afternoon He said the charge would be for
gerry which is punishable by twenty years in
prison He did not reveal the evidence he had
on which 70 make such a charge, say any
Thing about the reason for il.
IS IT a CASE FOR FEDERAL COURTS?
Il was conrended in court by District Attorney
Gardner and some of his assistants that the
state authorities were invested with power to
prosecute the charges against Alvord. United
States Marshal Henkel, armed with a warrant
issued on October % by Commissioner Shields,
demanded that Alvord be placed in his custody.
On learning Of the court proceedings General
T--fr
that al embezzling teller Of National bank
should be brought into the jurisdiction Of the
Federal courts. and said he would appear in the
Cen-e-st court at 10 q. m. to-day, when Alvord
would be arraigned once more, in order TO prove
70 Magistrate FIamuer that the case should be
--te5 Il the Federal courts.
Alvord vas taken 10 and from court by two
Central Office detectives. They made the trips
n 2 Fourth-ave car. A large number Of per-
SONS frequently gathered about Alvord on the
way. but he paid little attention to them On
The morning trip he jumped on the front plat
form Of q car and rode holding on TO a strap
II court he did not seem TO be worried an5
when some people showed one another TO get Is
near 10 him possible he looked at them AID
smiled. There q rush TO get into the court
each tine he appeared there. He was represent
Cd by his counsel. Jacob F. Miller. Morshal
HenkeI said the credit for Alvord's arrest should
be given 10 his department as he learned on
October 25 that AIvord was in Boston.
ALvoRD's COUNSEL DOESN'T TALK.
Jacob F. Miller. Aivord's legal adviser refused
20 discuss in any way yesterday his clients
rest When he was asked if the statement made
by Alvord did not imply that he would plead
guilty Mr.. Miller would not commit himself TO
any definite statement beyond intirattng that
nothing would be decided as TO the course 10 be
pursued until he and hts client had conferred to-
gether- M 8Iiler still declined 10 make known
The name Of the brokerage firm with which Al
word dealt IN his speculative transactions
Asked f Mrs Alvord would surrender TO the
bank the Mount Vernon property which stands
II her name Mr.. Miller replied: Il unable
70 say. but do not see why she should be called
upon 70 surrender anything that she possesses
IN her own right"
Was Alvord speaking truthfuIly when he told
the detectives that he had no money left?" Mr..
Miller was asked.
See the bank people; they know all about
that" M Miller replied
May Il be inferred from that statement" the
lawyer was thereupon asked, that negotiations
have been passing between Alvord, or those rep
resenring him. and the bank ohicials?"
IT doesn't matter where the bank people got
their Information; they know all about it; see
then," was Mr.. AiIers response
Acting upon Mr.. MilIer's advice, The Tribune
reporter sought Fisher A Baker, counsel for the
Ist NaLlot-a- BANK But WINE the substance
~ NJ AiLer's remarks was being related TO
hin, NJ Baker broke in abruptly: I can't talk
about that matter; ] am busy and cannot say
anything about the AIvord case"
Since AIvord admitted that he lost large
amounts OF money in stock speculations, inter
est has been revived in the question to
whether not the broker who did business for
HIN can be made liable for the money thus used.
Opinions differ upon the point By some law
ters II IS held that the only means by which the
bank could recover money would be the estab-
fishing Of guilty knowledge" and conspiracy
On The part Of the broker who negotiated AL
lords ventures. On the other hand, II was con-
tended that the courts have already decided that
= a broker accepts commissions from an tndi-
flcual VINO might fairly be presumed 70 be spec
l-at-ng with stolen money. the broker makes
himself a-nens bic 70 action