New-York tribune., 1901-09-24
BANK OFFICIALS HELD.
SEVENTH NATIONALS FORMER PRESI-
DENT AND IT'S TELLER AND MEM
BER OF THE MARQUAND
FIRM GIVE BAIL.

Action taken yesterday the three In
dictments handed down on September II by
the Federal grand jury in the Seventh National
Bank case. and counsel for the indicted
were ordered TO produce their clients before
Judge Adams, in the United States Circuit
Court. Ex-Judge w. NJ. K Ocott appeared at
the Federal Building at 3 p. M. representing
Frank b. Poor who came afterward. Ex-
President Kimball of the bank appeared with
his counsel, Edward Lauterbach. Gamaliel S.
Rose. the receiving teller of the bank. also ap-
peared. Assistant District Attorney E. f.
Baldwin appeared for the people
Mr.. Baldwin. addressing the court said that
there were three indictments The first was
against W II. Kimball. as president Of the
bank. and Frank B. Poor, junior partner of the
the firm of Henry Marquand & Co. for con-
spiracy against the United States under Section
40, Revised Statutes. The second indictment
against w. II. Kimball as president and
Gamaliel S. Rose. paying teller. of the
bank, for unlawful certifcation of the checks
of Henry Marquand & Co. The third indict-
ment against w. II. Kimball individually,
as president of the bank for receiving fictitious
obligations.
Mr.. Baldwin asked that Mr.. Poor's bail be
fixed at $4,000 Mr. Roses at 5000 and Mr.
KimbalPs at $4,000. 5000 on the first indict-
ment, 5000 the second and $4,000 on the
third.
Mr., Lauterbach, in behalf of Mr.. Kmball.
asked that the gross bail for his client be fixed
at $1,000, and argued that there
to think that there was any danger of his
client not appearing. he had already had full
knowledge of the likelihood OF his being in
dicted ard had shown disposition TO leave
the Jurisdiction of the court He referred to
Mr.. Kimbalrs services member Of the legis-
lature and national bank examiner.
Judge Adams inquired why more than $1,000
bail was asked in of the three cases against
Mr. KimbaIl.
Mr. Baldwin replied that the offence in that
case carried with it intent that the prosecuting
officer had to take account Of. and the responsi-
bilites of Mr.. KimhalI as president OF the bank
differentiated his from that of Mr.. Rose
whose act merely clerical.
Mr.. Ocott wanted to know why $4,000 bail
asked for his client Mr.. Poor in the same
in which only 5000 was asked for Mr..
Kimball
Il presume" said Judge Adams. that the
District Attorney intends to make some slight
difference between the two
MY client" said Mr. OIcott 'fs indicted for
borrowing as much money as he could Ger
tainly. there is parity of moral guilt between
the custodian of a banks funds and the person
who borrows all he collateral which
afterward the government finds insufficient. He
occupied no position of trust, and | fear the
amount may prejudice his before the jury
If 1t is allowed to stand higher than the bail OF
the other the same Indictment"
Mr.. Baldwin said he had in mind the gross
amounts of the bail of the three persons
II think the bail asked by the District At
torney is reasonable" said Judge Adams. Il
will fix it,
Mr.. Baldwin said he had examined the bonds
and sureties offered and had approved them,
and the court paroled the prisoners pending the
execution of the bonds.
The sureties given by the following: BY
Edward Wardwel and w. w Pea body, for w.
II. KimbaIl; by Simon Feist. for Frank d
Poor, and by John A. Sullivan. ex- Collector of
Internal Revenue, for GamaeI s Rose.
Simon Feist lives at No. III West Ninety
third-st., and formerly cloak manufact
urer at No. Ga Broadway. Edward f. Ward
well was formerly a manufacturing chemist.
He has offices at No. 2HA Broadway and No.
116 Nassau-st. John A sullivan lives at the