Year: 1875




THE COURT PROCEEDINGS YEsTERDAY-Ar M


PoRTAsT POINT or LAW INTRODUCED BK THE


DEFENcE.


The examination ia the case Or the Third Avenue
Bank trustees the charge q perjury, was 70 have
been yesterday tho Fifty ninth Street Police
Court in 80 far as the case 81 W. Decker was con
cerned which s being investigated independent of the
others


As soon Judge Duffy assumed his seat on the
bench Mr. Clinton, the counsel for Mr.. Decker rose
from his seat and stated that before the proceedings
we're commenced he had a motion 70 make He SAID,
eve had intended to 90 into some evidence ior the
defence this case necessarily for the defence Of
Mr.. Decker but Tor the purpose Of the vindcaton OF
his character Considering however, the circum-
stances OF and the valuable time OF the Court
II has been deemed advisable that the motion
am about 10 make should be presented Mr..
Decker up the year 1878 not connected with the
bank and was not even depostor; he was importuned
by others accept oce he did accept the position OF
the representations that were made TO him
that the bank was solvent the bank superintendent
subsequently, examined the bank and reported 1t TO be
sound; this In 1873 Mr. Decker, alter having held
the Presidency for one year, retired in January,
1874, his business requiring bis attention; during
the time Mr.. Decker was connected with the bank he
received dollar for his services and never made
any claim therefor If there any error II arose in
his desire nelp others, Oy THIS mean the uepO5-
tors The real trouble from certain loans which
made by his predecessors on which losses oc-
Cured He did not stop 70 criticize their action, but
accepted their statements as true The result OF the ac
ton Of the former officers a run, during which
millions of securities sold at sacrifice. Any one
knowing Mr. Decker will perfectly understand that he
would engage himself in any transaction
not perfectly upright His experience was not in
banking business but in branch Of commerce totally
different 81 had intended to so into other proofs In
order justify Mr. Decker for his life has been Of
spotess integrity but have concluded that II hardly
worth while TO occupy the time OF tne OourI IN
this regard simply Tor the sake OIL spreading
the records or the court facts that can be made
known in other ways sufficiently that they will reach
his friends. / should have made the motion l now
propose time since, but was desirous that the
prosecution should put in all their facts Wedesred TO
draw them out and If any explanation required
were ready TO give It, The prosecution instituted
under chapter $50 Of the Laws Of 1857, and were il
necessary could show by the evidence already ad-
duced that has been made out. However, II is
sufficient to say that the statute has been abolished,
and t is well established fact that when statute is
abolished and no saving clause has been introduced in
the new enactment It Is precisely the same as
though no statute was ever enacted, unless
under the repeating acts the offences are
Court Of Appeals The repeating act this case was
passed May II 1875 and by its provisions the statute
of 1857 under which this prosecution s brought was
repealed for 1t does not provide for the prosecution of
any offences committed under the old law which dis
tncty ahrogates but simply provides In so many words
for offences committed after the passage Of this act"


Mr. Clinton here recited a number OF instances in
support OF his argument among which were those OF
Mrs Hartung the murderess Shepard the forger, and
Carse in which laws had been passed even sub
sequent to their trial, but which repealed previous
laws under which they hal been convicted, and where
they had to be discharged from process simply because
the law under which they were convicted was not
kept alive by saving clause In the case Of the muir
der law, that has been always kept alive by saving
clause which only provided for cases yet untried
but still abeyance but also for cases subsequent to
the passage OF the law itself


Mr.. Clinton here went into an elaborate argument
substantiatng his theories, rectng judgments OF the
Supreme Court and of the Court of Appeals, finally
closing his remarks by moving that the case be dis
missed on the ground That the law under which the
warrants obtained had been repealed


Mr. Fitch, on behalf Of the prosecution, suggested
that nasmuch he had been taken by surprise that
an adjournment should be had and that before the next
examination he should be allowed TO put in his points
as against Mr. Cinton's argument


After discussion on both sides this course was
agreed to and adjournment was had until Monday
next when the Judge is to rende: his decision on the
raised