The New York Herald Newspaper, June 23, 1851, Page 2

ts THIS EVENING. CASTLE GARDEN-ITALIAN OPERA-—Maaino Fa- LER. SOWERY THEATRE, Bowery— Macueru — Baoxen Bwomp. BROADWAY THEATRE, Broadway—Macseru— B: @aL Ticks. 44BL0'S GARDEN, Broadway—Tiont Rore—Txan- wntBLOS, Jeanne -Jocus. NATIONAL THEATRE, Chatham street—PerrvLoose— Deor10—So! Ps Lomo Swor—| ‘ROTION. BROUGHAM'S LYCEUM, Broadway—Lavy or Lrows— Queen oF THx FRoes. B hay MINSTRELS, Mechanics’ Hall, 472 Broadway rian MimeTRELSY. Pr na, 4 MINSTRELS, Fellows’ Musical Hall, No. 444 ‘Brmsorian Minstaecsy. AMBRICAN MUSEUM, Amvsine Perronuances Ar fumroon anv Bvenin: New York, Monday, June 23, 1851. Arrival of the Steamship Arctic. By the arrival of the steamship Arctic at this port yesterday, we are in receipt of four days later | imtelligence from England and the Continent of | Europe, a {ull account of which will be found in oar eolamns to-day. ‘The Artic made the passage in eleven days and three hours, which, though not by any means so short asthe Collins vessels have before performed the run in, is pretty good. Notwithstanding that the passage has been made within ten days, we have ‘Bo reason to find fault if, occasionally, twenty-four er thirty hours more are occupied in the voyage. It is, however, acknowledged, on all hands, thatthe American steamships have, thus far, at all events, distanced all competitors. ‘The news by this arrival is not of any striking im- portance in a political sense. By the previous steamship, intelligence was received which justified the supposition that difficulty might occur in Por- tugal. There is now, however, no reason t» ex- pect anything of the kind, at least at present. Spain is anxious to interfere in the affairs of its neighbor. In a commercial point of view, the intelligence is both interesting and important. Cotton and corn, eur two great staples, have improved slightly. This will be gratifying intelligeace to more than one holder of cotton, for a further decline might, and in all probability would, be disastrous | te some who have been shivering for some time The Banking Swindl¢s—The State Bank at Morris. In yesterday's Herald was published exclasively, a full report of the trial of Harvey Dayton, cashier | ef the State Bank at Morris, convicted of wilful | aad corrupt perjury, in swearing that the bank had a bona fide cash capital of $40,000, for banking pur- | poses, when he knew it had no such thing. This report, and also that which we this day publish of | the first day’s proceedings of the trial of the direo- | tors of the same bank, exhibit an amount of chica- | wery, swindling, and financiering such as seldom sees the day, but which is perpetrated in darkness, im numerous rotten establishments of the same de eription, tottering to their fall, and only wanting the exposure of the light, like the touch of Ithuriel’s spear, to make them crumble to pieces. Like whited sepuichres, they are of fair exterior, but within they are full of all manner of uncleanness and abomination. The master spirit—the Confidence Man in the eperations of the State Bank at Morris—appears to be E. A. Thompson, as ingenious and plausible in his way, it would seem, as the late “One-eye” of the same name was in stool-pigeon performances After purchasing a bank for $20,000 im Susquehan- | nah notes, that turned out to be so much waste | paper, and getting the assets of the concera, and | sharing the spoils with some two or three of the directors, he gave leg bail. and fled to Cincinnati. He was formerly a broker, and bad a residence in Wall street. He was also a lawyer, and now he is a financier of the first water. There is much noise made about him, and much about Harvey Dayton; | bat why are not the directors that shared in the | plunder, indicted as the principals! It is true | that some six are indicted for the erasure of the endorsements of two biHs, amounting to $16,0005 but why are they not indicted for swind- ling and subornation of perjury, who aided Thompson in his schemes, and advised, sanctioned, @irected, and participated in the crime of which Dayton is convicted! If he is guilty of perjury, they are surely guilty of subornation of perjury, for they were present when the affidavit was drawn and sworn to, and they reaped the fruits which that false oath was intended to produce. Bad as Har- vey Dayton, who appropriately resides at Plainfield, @ppears to be, he was, after all, but the tool and slavery societies—such as Thompson of the Tewer which we have but @ single species of defence. ‘The newspaper press is the only barrier to oppose the great flood poured upon us from Great Britain. The press battles with England's books—with England’s selt constituted ageats—and is constantly engaged in exposing and checking the tendency of English literature to interfere with the welfare of the Union; but, with the increase of tho hostile works published aguinst American institutions, the duties of the press become exceedingly onerous. This fact already has been perceived, and, in the Southern States, has been felt. The consequence is, therefore, that a strong disposition has sprung ‘up at the South in favor of an international copy- right law—there existing a belief that, with such a power to regulate the publishing trade, our country may be spared the malign influences which are con- stantly exerted for mischievous ends. In this view of the subject, the proposition for an international copyright law will meet with more favor than has hitherto attended its discussion, and there is a pro- bability that the question will be revived before the next Congress, with fair ehances of an issue in some- thing practicable, and beneficial to the country. All lovers of their country will desire such a re- sult. Tue Devay or rae Mars—Diseracerut Pos- vat ARRaNGEME \'ts.—We have had frequent occa- sion to advert to the irregularity of the mail;, and the serious in:onvenience resulting from it to news paper proprietors, merchants, and the public at large. During the last week, the most extraordi- nary instance occurred of the beautiful postal ar- rangements between this city—the great emporium of the country—and other parts of the United States. Morristown, in New Jersey, is about thirty miles from this city. There are three trains in the day, either way, between New York and that village. By two of them, fiom each side, mails are conveyed, leaves at a quarter before eight o’clock A. M.,carry- ing the mails, and arriving here a little after ten o'clock, A. M. Another train, carrying the mails, leaves at twenty-five minates before three o’clock P. M., and arrives here about five o’clock P. M. Let ussee how the system works, or is carried into practical operation. A letter of some importance was duly mailed at Morristown, for this office, to come by the quarter to eight o'clock train on Ff day morning. The writer thinking it would be de livered, atall eveats, by twelve or one o'clock, wrote a second letter relating to the first, which he sent by hand at twenty-five minutes to three o'clock, which reached this office before five o'clock, when it turned out that the first letter had not arrived; too late to be of any use for the purpose for which it was sent. It would not have reached this office, even then, but from the fact of its being a news- paper establishment. In the case of merchants and others, the letter would only have come to hand next was mailed—a distance of thirty miles—with at least two railroad trains, daily, frem the place! It is ut- terly disgraceful. But thisis notall. On Satur- day morning a letter was mailed from Morristown to this office, to come by the quarter to eight o’tlock train. The writer left at five o’clock in the after- noon, and by private conveyance reached Newark in time for the Philadelphia train to this city, arri- ving at half-past nine o'clock, when, to bis great asto nishment, his tetter had not reached here. It wa, obtained from the Post Office about eleven o’clock— upwards of fifteen hours after it was despatched It bore upon it the postmark of Newark, where it is evident it had been delayed all day, for the evening train trom Philadelphia. It was of great impor- tance that this letter should be delivered in a rea- sonable time. But the interests of the public seem to be totally disregarded in postal communication evil, with many othérs that afflict the community, arises from putting politicians and demagogues at the bead of departments, instead of practical busi- ness men, and incowpliance with the inexorable demands of party, driving men_of ability and in- tegrity from office so soon as they make themselves a:quainted with their basiness, if, indeed, they they ever take the trouble to thoroughly learn what relates to official situations held by so frail and un- certain a tenure. Fravps on Emigrants—Usraratieteo Vir- has come to New York, in his official capacity, for the purpose of concerting measures with the autho- rities of this city, to break up the gangs of runners, rowdies, and bullies, who have, for years past, lived, and fattened, and grown rich, on the money which they plunder from the emigrants arriving at this servant of the directors, and their responsibility is | far greater than hi ‘They knew what was in the | bank as well as d, and whether it was forty | thousand dollars Lona fide cash capital for banking | purposes ; and there is no just reason that he, a comparatively poor man, should be held in the | meshes of the law, while larger and richer rogues are | allowed to escape with impunity. Is he to be the | scapegoat for the sins of the whole board? When | these men appointed Dayton, they knew that he | was not fit to be a cashier of a bank, and that he | knew nothing about banking business or accounts; and there can be no stronger proof thit they had Bo bona fide intention of carrying on the bank. He and Norton wore just what they wanted—fitting | tools for their purposes. Justize has done well in | pis ease, and her demands are far from satisfied. | The worst mon of the whole are out of the reach of be law, or not yet indicted It remains to be seen wh r the revela tions which the evidence makes of their iniquity, they sball ti wed to goat small fry are picked up and made vietim let us have patience. Let u tome of the indictment now pen doren in the Cireuit Court of } ef the direc'ors are, doubtle beyond negligence; but tho first see what of anything | managed the Ginanciering swindle are still without their reward Great Brrrain ann tHe Unrren Stare I R Mereat Deresvevce—Lrreratere Th on | m Times, in an articl columns, referred to the re recently transferred to our ue ef our government with much eatisfaction, and ridiculed Mr. Secretary Corwin's tariff propensities and calcalations as absurd. In the course of those remarks, that journal | maid For all practical purposes, the United States are far more closely united with this kingdom than anyone of our colonies; and while these communities are in name, but in reality either prieons, garrisons, or inde Pendent communities, the United States keep petual interchange of the most important ¢ tak manufactur There are 40 adjacent, where a frost in spring or umn—a epeculative mania or a commer. cin! collapse—a falee opinion or an unwise enthusiasm tn either of the two, so immediately and certainly tells upon the other This ie unquetioneably truc in a very largo sens! and it is an admission as honorable to English feel ing a8 it is unexpected as a public declaration. In Hiterature, and in some degree in sogial life, we dis cover the same truth, though the United States, in literatare, take from (reat Britain a great deal more than they give back. England has a greater in- fluence on the mind of this country, than in her | carrying their villanous schemes into effect | reaches bi port. We have, on several occasions, denounced the Commissioners of Emigration, and shipowners, for neglecting the interests of emigrants, and al- lowing them to fall into the hande of the pirate, and land sharks who lie in waiting to rob emigrants, and who actually board emigrant vessels long be fore they arrive at New York, for the purpose of Very little reformation has yet been effected, and the poor emigrant is fleeced by these sharper, to almost as great an extent as ever. The sufferings of the poor emigra get the hands of the runner house keepers, would melt a heart of » t ould not but ctims of land piracy, rob: bery, and From the time the emigrant seez the land of his hopes—the land which he has selected for the remainder of his di -until he hever out I yor of B amber, on @ re- was besieged, t they into and boarding pus person livir pathiz destination, clutches of the runners n the ( his seat ancil lared that his offi ersons who had been rv passenger and emigrant agents. We give, ther column Mayor's remarks on that occa sion ‘These instances, related by the M f te: r of Buffalo, t migh are only one or tw be adduced to she undreliem, rascality, villany which the unfortunate emigrant is assailed on b arrival in this country. Without regard to age and in ut of every cent of money they po nume instances are thrown on the charity of a cold and unfeeling world for the means of | The consequence is that usands of them forced to seek refuge in the alms houses, to keep from starvation. Hence it is that the expenses of our poor are extraordinarily great Various laws have been passed, and various mea- sures adopted, for the suppression of this evil, but without effect, and consignees continue to allow houses | runners to charter steamboats and bring their pas- | sengers from Quarantine, because they save a quar. ter of a dollar per head by so doing, as the ranne bring them up without charge to the consignee This practice provai ery great extent. The runners, then, having the “run” of the emigrant hips, board them with steamboats, seize the bag | gage of the emigrants, huddle the emigrants them selves into their boats, as if they were eo many sat ye, and take them where they please, so as to plan- der and rob them at their leisura, It was only a few days since that the runners seized an emigra own colonies, and it is but too true that, in many | yessol in this way, ard landed the emigrants on the jespects, that influence is pernicious. The political | qock at Brook’ #0 a8 to keep their victims opinions of England are widely disseminated here, beyond the reach of other runners, They landed and social peculiarities are recommended and on- | them in thie way, and in the darkne { the eve forced by works in every grade of literatute—ele- | ning took them off vated! or degraded. ‘There is a constant current of We truet the authorities of New York will me English thought, levelled not only at our social | the Moyor of Puffaln in pirit which equality, but at our system of public economy, and | Bt the necessary existence of slavery in our South | biem by which New York chall yp, and endeavor to concoct come m roy continue to be a or said to be conveyed. From Morristown a train | andit did not reach here tilleleven o'clock thatnight, | morning, or more than twenty-four hours after it | with this city, from other parts of the country. This | LANy.—We Qnderstand that the Mayor of Buffalo | ero States. England and Englishmen, exce: slaughter house of emigrants—such as it has been some few who have travelled in this country, are | for years past. The wrongs which emigrants arriv- anti-slavery in feeling and in thought—and thereby | ing on our shores suffer, call to Heaven for redress; politically hostile to the union of this country, upon | and if we wish to preserve our character ag moral which so much of the manufacturing and commer- | people, those wrongs should be redressed. We cial prosperity of Great Britain must depend. All| despair of any remedy from the Commissioners of | the trouble we have springs from fountains opened | Emigration, for they have shown themselves to be | by English literature, and English agents of anti- nothing but tolerators ef the evils of which we com- plain; Ought not a public meeting to be called on Hamlets, and the like—and against the influence of | this subject? Mayor Kingsland has done a great | deal to abate this crying evil. Let him continue in the good work, and he will not only receive the thanks and blessings of the emigrant and of all moral people, but he will render a service which will not be forgotten in the life beyond this. New York CorResronpence oF PRovinciau Pargens.—Every week we find in the country news- papers extraordinary stories told by New York cor- respondéate, in which seductions, suicides, rob- beries, murders, and other rumored orimes, are des- cribed with all the lineaments of truth itself. It is scarcely necessary to say to intelligent readers, that all these etories are ridiculous inventions, made up by these New York correspondents, to impose upon those who employ them, and to obtain credit for a greater knowledge of fucts than the journals of the metropolis. All we have to say to the proprietors ef news- papers who are thus deceived by their correspon- dents, is, that they may rest assured that no fact of public interest escapes the city journals. We have more than twenty persons connected regularly with the Herald’s news reports, who, night and day, are awake to the importance of obtaining every fact that takes place in the city; and, whenever any correspondent undertakes to tell a story to a pro- vincial paper, no notice of which bas been taken in the New York journals, the proof of a false state- ment will exist in the very publication of the cor- respondent’s imaginative fabrication. This hint should be a sufficient guide to our brethren of the press who have New York correspondents with whose characters they are unacquainted. chief operator of the New Orleans line, that the Niagara’ | news was transmitted, on Friday morning, over that (Morse’s) line to New Orleans, and its receipt ackaow- ledged here, the same afternoon, Many despatches from | firms in Liverpool, to their correspondents in New Or- leans, were forwarded after the post office delivery on Friday. and answers received here the same evening. and went out by the Pacific, which sailed for Liverpool the | followi: jay. Thus, telegraph letters to New Orleans, written in Liverpool on the 7th June, were delivered , answers be received back in Liverpool by the first or second of July. Julia Bennett will receive a benefit at Brougham’s Ly- ceum this evening. It is needless to refer to this lady's claim upon the public, nor to doubt for a moment that it will be responded to ina manner that will prove, what has been so often asserted, viz., that Miss Bennett is one | of the best, and one of the most popular actresses that | ever performed on New York boards. We only wish to draw the attention of the public to the matter, lest it might be forgotten. ‘The State Bank at Morris, | TRIAL OF SIX OF THE DIRECTORS FOR CONSPIRACY TO DEFRAUD—ATTEMPTED PO®TPONEMENT—THE CASE OF LAMBERT NORTON ON ONE INDICTMENT POSTPONED. Before Judge Ogden. Monnis Cincurr Covnt, Monaistown, June 21, 1851. The State against Lambert Norton for Perjury.—At the | sitting of the court this morning. the Judge called on the | case of Lambert Norton, late President of the State Bank at Morris, and indicted for the same offence as Henry Deyton, the cashier, tried for wilful and corrupt perjury during the week, and convicted on Friday evening. Mr. Pennington, counsel for Mr. Norton, said he had an application to make to the court, The wife of defen" dant, residing at New Haven, in the State of Connecticut, was in the agony of death, being seized with a disease which her physicians declared to be incurable. Mr. P. then read the affidavit of Mr. Norton, and the certificate of Dr. Sprague, im confirmation of his statement, He added that he was informed by his son, Mr William Norton, who is a witness in this case. and went from here patched. the character of the intelligence was not aiter- ed. Though it was not absolutely neceswary that Mr Norton should be here, this being the trial of # record vent down from the Supreme Court, his presence was im- portant in erder to advise with counsel in the progress of the trial Mr. Little said the State did not wish to press forward | any man’s trial under such circumstances. [he Court then postponed the case till the next cir- | cuit, which will be in September. The State against Lambert Norton, David Sanderson, Wil- 7 d Jacob tockholder s —This case having been called on, the Hon. Mr. Miller read an affidavit of Jacob M. g. and a certificate from Dr. Canfield, to the effect that defendant. who is old and feeble, has been very ill for seme time of a peuraigic affection, and is unable to attend in court; both the affidavit and counsel declared that his presence in cqurt was necessary for his defence | He, therefore, applied Tor a postponement of the ease as | regarded this defendant, and if that could net be done, a | postponement of the whole case. | Mr. Elmer, the Attorney General —We feel disposed to submit the matter to thedircretion of the Court. For my own part. I cannot see how the record can be sepa- rated without the order of tne Bupreme Court. It comes down here upon a joint issue, and all the defendants must be tried together. By the consent of all, separate trials might, pe be had; but the difficulty is that | this would involve two trials instead of one. | _ Court —The same difficulty has presented itself to me; | it can only be done by agreement ; the case comes down as a circuit record, and I have no power to alter the order of the Supreme Court, Tam not sitting here with | original jurisdiction, but as a nisi privy judge, and T can. | not reparate the record, and cut {t up into two parts, I suppore that if all sgree it may be done; but f would | not bazard the indictment upon my own responsibility | Mr. Ara Whitehead (counsel for Col. Cutler) said the presence of Mr. King may be important also to the other +fendants; and this is an additional reason for the post- ponement J General —T feel a difficulty in the matter. I am willing that the name of Mr. King should be struck cut. rather than that there should be a postponement of ) ecase. The certificate avoids saying anything o whether he is likely to be well next term 1. Miller —The defendant can supply that omis- icn by another affidavit. Court —Thet would be rather a ath, fora wan to «wear he will be alfve in or six months rinee. (Arent laughter) By cons: record may be ded. and & nelle prosegud entered as n.—{ should vot forl at liberty, in the t. Mr. Norton, to agree to the arrange. ix ined proseyu ware the respon final sett If coun: @ fairly x bow it ¢. who is undoubtedly sick. I in an application to sever the in: a f{ the Court would permit the severance, uuless very ex tinary eireum The ture of the in t is that | a 1 charge joint aetion The wh art at o If the defe may bave an ¢ indietmen: ¢ beginning « Colonel Thompson (@ lawyek, &91 one of tle meeused) urt knows that this ma'ier is ruinous enough ¢. without any more loss of time and lume of basi ness, For myself. f wart to bave it dicposed of, that I nny he enabled to attend t of my clients, L dont wan f next ter Mr. Miller t I see Mr onfer with him wet fopted don bi rp waive the application for a port ponement The care was then proceeded with, and Mr. Stansbo- the obliging and gentleman!y County Clerk, then ary om suggested, that if any of the jury have ed up with the bank they should say hey are «worn rt —If they have lost by the bank Mr. Pennington,—That ie What I meant, rough Mr Little —We agree to that The following jury were then swor William & Carey, Cyrus Dixon, | Peter G. Doremus, Sely Tompkina, Kliae Thon. pson, Fphraim Young, Paul & Debou. Joreph Alexander, Benjamin Rome David Memagh. Aaron D. Hudson, Tkaae Johnson. jun, Mr. Theo Little then opened the ease for the State He seid: Among the indietments returned by the Grand Jury in the ep » charging the defend: ants in this en cy to defraud the stockholders of the State Bank at Morris, of whieh they directors by eracing from two drafts lying in the bank. the name of David Banderson. one of the recared, on the ing before the failure of the b knowing that | abeut to fuil, and therefor Sanderson his liability. Somethin, been raid about the « of the Grand Jury, and he had jatended to reply but it was rufficient now to rtate that the matter ate with the Grand Jury, but was referred urt then silting I was not aware of that tisso, The indictment was removed by reme Court. defendants had a t wa fre anim to it did not origi to them by the ¢ Judge Ogde ¢ facts ave otherwire, and cent down the ca be tried here. The ce in one of no emall magnitude, and is such that torderrd a xpecial jury to be struck to try it Gentlemen, 1 am eatiefied that you will give the case the attention it deserves, The learned counsel then proceeded to give # history of the bank, and of the varicus egactmente persed in poferepce to it, Inthe Terecnarmic Frar.—We learn from Mr, Grogan, the — Bexerir ro Miss Jcuta Bexwerr.—It must not be for- | gotten that the very amiable and accomplished Miss | yesterday to New York. that sinee the certificate was de- | | Cheek to same course of the business bank, two. ofa amount were ited. were The anata of B.A. ‘Thompson, and et David inte of the » and one defendants by is ‘They did not due after the time of the failure of the bank, One was drawn for five Lape the other for six. One for $6,000 and the other for 10,000; amounting together to $16,000. The name of vid Sanderson was crossed from these drafts by the defendants on the evening of the 30th of Uctober, uader such circumstances as have no doubt of their intention | to defraud the sharebolders of the bank. David Sander- son and Lambert Norton were in New York on the day in question, They heard Intelligence there in reference tothe bank which induced them to proceed at once to Morristown, and such was haste that they did not | wait for the regular train, but hired an express. Wil- | liam Thompson was also in New York he same day. | and returned by the e train, A hasty meeting vf | the directors was called at night Six were presemt— | less than # quorum for the transaction of business. At that a8 would appear by their own minutes, their only business was to pass a certain resolution re- leasing David Sanderson from his endorsements. ‘They | resolved to release him upon the condition of Thompson, | the drawer of the notes, assigning to the bank some eight hundred shares of his own stock, he and they knowing at the time that it was worthless, This 1s the conspiracy _ charged. A conspiracy means an agreement to do an unlawful act; and to constitute the offence, it is necessary that at least two should be guilty of it. One cannot commit the crime alone; at least two, therefore, must be convicted, or all must be acquitted. | We shall satisfy you that two or more did about the uct; the only question, therefore, you will have to try, is the lawfulness of the act. (If the act was unlawful: Wee conspiracy. We maintain that the act was unlaw- ful, for the transferred stock was no consideration for good securities, the bank having failed, or being kuown to the defendants to be on the brink of the precipice over which it must pass. Acti therefore, as directors, they had no right to cancel these securities for any | other than good consideration. The State will satisfy | you that they knew the consideration was not good, by What took place in New York, ‘There is another eircum- stance which proves that they were conscious the bank was defunct, At the close of the 30th day of October, 1849, there were $3,000 of specie in the bank. At the close of the following day, the Jlst of October, there was $40. ‘The rest was drawn out by the defendants them- selves, showing that they knew the bank falied, and that they were unwilling to leave its fands in vhe vaults. The act was unlawful in the first place. be- cause, a quorum of seven is required to transact business. twas unlawful. because no consideration was received | the shareholders for the erasure of the endorsements. ugh the erasure does not in law release Sanderson, the agreement to do it constitutes a crime. An act of this State, page 277 of the revised statutes of New Jersey declares that, “If any person shall wifally, unlawfully and maliciously tear, cut, burn, or in any Way whatever destroy any endorsement or assignment of any bill of exchange or promisory note for the payment of money, or any ‘acceptance of ay bill of exchange, with intent to defraud any person or persons, body politic or cor- porate, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine, not exceeding $800, or imprisonment at hard labor, not exceeding two years, or both.” If, therefore, the eadorsement of David San- derson have been crased without good conside is unlawful, and a fraud under the statute. | unlawful. at common law, because it is a matter of padli | interest, independent of the statute, as the Suprem: Court has held, tending to the manifest injury of the community. The question for you. gentlemen, to deter- mime, is with what intention the act was done Me Lit- tle concluded his statement by reading the several couats of the indictment. Edward T. Thompson—Was cashier of State Bank at Morris when the bank failed; on the 3ist of October; we refured to redeem the bills when the bank opened in orning; the book produced is the book of minutes; | the this number includes the president; the bills of David Sanderson entered im the discount book were discounted; the names of the direetors. on the 30th of Octobs re Lambert Norton, Edward 8, Thompson, Jacob M. King. Col. Joseph Cutler, Dr, Samuel 8. Doty, Wm. Thompson, David Sanderson. Thomas L. King, Mahlon Dickeason; there was a meeting of the directors on the 30th of Oct.; there were present Lambert Ncrton, William Thompson, David Sander.01, Samuel 8. Doty, Joseph Cutler, Jacob M. King; Mr. Sanderson went after Doty, Norton went r Jacob King, and I went myself atter Colonel Catler; David Sanderson first came to the bank on the evening of the 30th; it was at half-past five o'clock; I first saw him im the street; saw him in the bank at 7 o'clock in | the evening; I met Norton at same time I met Sander- son; it was at half: past 7 o'clock; I met Col. Thompson | afterwards; the two former said they had been at New York, and came by express, and Mr. Thompson | said he had also been at New York; the directors had no stated days of meeting; the previous meeting, held on the 25th October, adjourned to meet on the 13th of | November; Iwas prevent at the meeting of the 30th of Getober ; ‘a statement was made; Colonel Thomp- son bad not arrived at the beginning; the presi- | dent stated to the board that Mr, Sanderson and himself had come from New York by express, for the purpose of calling a meeting of the board to lay before the directors reports that they had heard at New York coucerning our bank, and to take some action oa | St; one of the reports was that the Susyuehanuah Bank had failed, and that the failure. or the report of it, was likely to cause the State Bank, at Morris, trouble, as they had some $18,000 of its bills in their vault; he stated that he did not know what the Susjuehannab monzy was worth, but proposed to make some preparation in case there ‘should be any ran on our bank; several of the | directors said they thought there would be no run or | difficulty; they were all talking about it; Leannot dis- tinguish which of them said so; Norton, the prestdeat, informed the directors that he had a $15,000 draft on | the Phenix Bank of Cincinnati, and proposed that « | committee be appointed to go to the eity in the morniag, | and get that draft discounted; Mr. Sanderson said, in order to make it sure, it would be better that all the dix rectors endorse it, as there would then be no diffleulty in getting the money; while they were talking the mac- ter all over, Col. Thompson came in, and Mr. Sanderson said, “Colonel, what is the news?"—the Colonel replied, “Good news—on my way to the boat, Mr. Wim Norton, ron of the president, came to me and said BE. A. Thomp- son bad arrived in town, and that he bad not heard aay- thing of che failure of the Susquehannah Bank before his arrival in the city; that he sent up, and that he would remain in New York to arrange matters, aud would come up to Morristown next day; that he would make all things straight, and that there would bs no ditkcuity from the Susquebannah Bank stopping The directors then seemed satisfied that there wus no need of making any preparation, as EB. A Thompson, the principal stockholder, bad arrived. and said he would make all things straight; every director in the room coneurred in that opinion ; they all expressed themselves satisfied that the bank was safe; stated that there was a matter of Mr. Sanderson’ laid before the board, in regard to his name being om two notes as cadorser of E. A. Thompson, for which, as collateral security, Mr. Sanderson held 813 shares of the ftock of the bank; that an arrangement had been made some days previous, between the President, B. A. Thomp- fon, and Sanderson, to have this stock transferred to the bank instead of Sanderson's name, and he wished to Jay the matter before the board for their consideration; they said they considered the stock of the bank as good recurity as Sanderson's endorsement; the question was put, and the resuiution passed without dissent, The Fesclution is af follows :-— “Tuesday. Juth October. 1649, the Loardinct. Present, Meret. King. Cutler, Norton, Doty, Wa. Thompson, and D. Sanderson, Resolved, it appearing to the board that D. Sanderson is surety on two notes, given by E. A ‘Thompson to the bank, it is now proposed by D. saa derson to transfer to the bank 513 shares of the stock ax collateral security for the payment of said notes; it Appearing that the ‘proposition is reasouable, the bank does accept the said proposition, that upon the transfer of his steok, D, Sanderson be released trom his security on eaid pm ; E T. THOMPSON, Cashier lation was destroy foregoing copy of it as clerk of th mpson said he con + security than that of Sanderson, « then . parsed, Colonel 1 of the bauk stage proprietor th ot in New York bad tly furcd to redeem the bills; @ note of Daniel f $1,200. was im the bank, tt was the re raw the note in the be the direction of Len dit to get it discounted Somerville Bank uA desired to have at de was the preside t took it to Exchange, to redeem our three or four weeks bet erared the nate of Saud _ the presse diately af of the Board was I think, f the b note, by re, aad unm xt Mowting a 10 wad ag of th pe in for directed me 1 that we exp city, that endeavor to meet all our epgagement the Board » to be waiting, expect the cars ceme in about ten o'olvek im the moraing, the Directere remained till four o'clock, expec might come by his own conveyance; the Hoard did ar cootinue in sexeion longer than twelve, though Uy re d there duri the dey; there were three reso # passed; the entry was made on the Stet \ cautioned Court here adjourned for dinner, ar uty egwinet allowing any person to t Lof the indietinent, wad reque mn talk even to each other, till they came together im their room SESSION a resume d.—The reso- APTRRNOON Examination of E. T. Thowpe lutions passed on the dist we 1 Resolved, That ihe cashier have a year's ea cived, That $100 be paid to Wim, Thomps ived, That Dr. Doty have $50, for money paid n, for This is the last meeting in the book From the daily statement book it appents that nt the the doth cf October: there was in the bank and on the close of the following day thr re was but $40 U0. The money was disposed of as follows: — E. Jackson, in employment of David Sanderson. $277 00 David Sanderson 1,185 00 To expenses account, (put in box,) 100 00 Joreph Cutler 12 75 Kin Jacob M 148 41 I.d Scofield aa Joseph Cutler 42 do st B. W. Cutler wo Semuel T, Doty 5 00 William Thompeon 100 00 unt 1 00 Dover, for protested draft . 5000 Hille redec med. to Thomas K. Ross nw ss a Company 6 00 ny, for redemption of 100 00 Paid to Norton on that day, on Sand 200 00 Vevides these items, there were teveral redemption for the notes of the bank, These ite net make wp all of the $8000; cannot ray what became of the ert. Part of the specie was returned. Jacob M. King returned $215, and took up instead a note of his, discounted there. This was on the 2d of Novem The epecie was paid on the morning of the diet of Ueto. ber. to E, A. Thompson's account, on the 31st of October; the pete was the 2let, but paid on the 31st. Cross-examined—The notes from which the endorse- ments were erased remained in the bank; they were there when I left the bank, and were handed over to re- ceivers, there was no doubt expressed at that time as to the reeponsibility of E. A Thompson; a letter was re- ceived on the Slst; I camnot tell it came; letters came at 11 or 11g o'clock from New York; think the letter from E. A. Thompson was received after; cannot say what becume of the letter; Norton said the contemts of it were that Thompson was going out to the west, and bavi funds, would come back to settle up the com cern; were sent to a lawyer in Cincinnati, named Mills, to arrest B. A. hompson, or get the money from him; there was « Fore surprise when Thompson left New York for Cincinnati; I was surprised myself; {hud xo suspicion up to that time; Norton went to New York for the pur letters of Mills in reply. acknowledging having received « telegraphic dispatch; there was nothing suid or done to thicld Thompson the evening the letter arrived from him; they said if he had kept his promise, or if he had not made any promise, the bank would have been still going; indignation was expressed by Sanderson, Col. Thom son, Doty, and Norton; toon bad funds in the’ bank’ to meet his checks; he had in the neighborhood of $1.600; he has now to his credit $227 80; to Col. Thompson $100 was paid for legal services; pro- ceedings had been taken against the representatives of | Earle; according to the books, orton owes the bank | $74.88; when called cn Colonel Cutler, I did not state the object of the meeting; I did not know it myself; he was the first at the bank; he asked me what the news was; I told him of the failure of the Susquehannab were twelve directors, but am not sure whether | | ons of wealth. kon came; nobody objected to it; the effect of B. A. ‘Thompson's letter was to make them all sick, for it was | then too Jate to do anything; he was a man whose ap- | pearance was calculated to inspire confidence in his in- | tegrity. Attorory General—If the Susquehannah bank had failed on the doth, could the State Bank sustain itself? | No, unlees arrangements had been made; Idon't know whether the Phenix Bank was fictitious, or not; Sander- son was in the habit of getting notes out of the bank for circulation, without any charge being made axainst hit; | itwas a by-law ofthe bank that the di this privilege; I think Sanderson always brought back money for the notes, or the notes themselves, The Court then adjourned, it being half-past four | o’cl.ck, till half-past ten o’cluck on Monday moaning. Important to Banking Institutions. THE JULGE'S CHARGE UPON THE CASE OF HARVEY DAYTON. ‘The report of the trial of Harvey Mpa hare in yester- duy’s Hereld, extended to fuch length, that it was im- po-sible for ur to give more than a summary of the ex- cellent charge of Judge Ogden, delivered at the Morris Cireuit Court on Friday evening. We now publich it complete, with the exception of some introductory mat- ter. giving a history of the bank, the substance of which has ulready appeared im the Herald. Judge Ogden said :— ‘The Grand Jury of this county, at their sessions in the November term of the Court of Oyer and Terminer, in that year, over which Justice Randolph presided, either upon complaint made before them, or upon their own motion, instituted an investigation into the conduct of parties Who had been connected with the bank, at and after its revival, and their inquiries resulted in their presenting the indictment in the trial of which we are now engaged. The regular prosecuting Attorney of this | county. having been an officer in and the counsel of the ety very discreetly and honorably withdrew from the discharge ef his public duties, as connected with that investigation, and by the request of the Court, upon | wh ‘as devolved by statute the authority to appoint | a wpecial prosecutor, Mr. Little, with reluctance and | Much hesitation, and upen persuasion, consented to act in this behalf. His position in this cause was not sought by him, be shrunk from it, and afterwards attempted to | ebeape from acting his part in this last scene of the | drama He was not appointed to gratify the prejudices of any class in this commuoity, nor to act as a waxen | tool in the hands of spirits alleged to be behind the | throne; but he was selected by my honorable brethren upon the Bench, as one well qualified by his learning, his industry. his integrity, his fairness, and his honora- ble bearing. to be a Otting representative of the firm: ness aud justice of New Jersey. in prosecuting and try- | ing if needs be, persons charged with violating her penal laws. Nor, gentlemen, de I think that in the con- duct of this tral be has disappointed the proper expectations of the disinterested and impartial citizens of his county, who have known him long aud favorably. He is justly obnoxious to po impeachment of motive. He had @ sworn duty toperform with fidelity,and accord- ing to the bert of his skill: and [ am free to say, that in my judgment, he bas fulfilled bis ‘undertaking with great | ability, and honor, and professisnal integrity, aud in keeping with the purity ef the duc administration of criminal justice The indictment against Harvey Dayton charges bum with having committed wilful and corrupt prauey: in making the oath aseashier, before referred to. it Was removed into the Supreme Court by ceriworari, where many objections were raised against its rufloleney, all of which were settled against the defendant. tle there plended not guilty, and the case has beea seut down to this Circu't Court for the trial of the single iseue which has been joined, whet! the defendant guilty. Upon you. gentlemen, it has, in the course of evenis, fallen to determine that irsue, Your verdict will be returned to the bar of the Supreme Ocurt, there to be followed by ruch judgment as ite charact \d the laws of the State shall demand — It is, gentlemen, an issue of great moment to the defendant, and to the community | in which we live, His prospects hang upen its settle- ment. Whether he is to pay the penalty due to vio- lated justice. and henceforth be shunned by the virtuous and respectable in soeiety, or to return to the walks of commercial life, there to enjoy the continuance of such conbdence as his previous life may entitle him to elaim and expect. depend upon the result of your deliberations, Every man in scciety ise®o be presumed innocent of | grime until he be proven guilty. ‘The State charitably hopes and assumes that all her sons are unstained crime; and when she feels bound to appear, in her ay and strength. to coufront a citizen charged with of ing against her peace, her dignity. and her penal laws, she comes. not in the overbearing rpirit of an oppressor, but as holding the scales of even-handed justice. throwing her mantle of charity in the scale of the acewed Such is the attitude in which the defen- dant appears betore you, at the bidding of the State; and if you come to the couclusion that he is guilty in man- end form as he here stands charged, it should be by the uperring light ot truthful evicence, all presumptions being made in his favor, which are consistent and recon- cileable with invocence, under the developements in the case. Let me direct you, therefore, to the indictinent— to the act upon which itis framed, and to the evidence in its support. 1. The indictinont, after stating various acty of the Legislature, charges the defendant with hay- ing falvely, waticiourly, wickedly, wilfully and corrupth sworn t mm the 20th of August, 1549, the St Ban! at Moor capital for banking pur. porer least $40.00; and charging aa perjury that the bank on that day bad not such capital for rueb purperes; hence that the defendant was guilty of wilful and corrupt perjury ‘This ix based upoo an viclution of the fourth section of the relief act. por here read that all (hits bs of the scope? r’ the gourds which the 1 authorizing a recumpt ection) What was the policy © the other sectiony, and to Jature threw around the act, business, his honor pro- ng upon a matter of grow though fe in title. an act he inetitution. With that Mis as cire: pled @ power U money. In the language nouncing the of the Supeem: jetment arising out of the affairs of the State Bank at is— bank of iewue are « ed « presumed uuiformly are, incorp good. rutll n for private or i They are designed to fae and the ly operati sa large part of the circulating medi ry. thereby performing one of the « tes enter largely ty ia whiek they alnting me public benefit; a depreeinted eurreney a publi The impr: per acts of the officers of a baok, to w tite affvirs are intrusted—ae rities of the in takes void alithe whole which the Legislature hove pr and creates a great ential pera dd bur ine # ignorant class of society, Who are entitle ction of (he law against the withering eombina- and the devices of fraud” Such being the nature and » of banking institut the y of the Leg re in guarding the issu eh retions, must be evidently to secure, aa far as legal enactment jo eo, & saibstantial, real a fide ems Lart+ for the pron of their bank billy and tive the community in wi language of this act hignity ine for you te te ft their credit + circulated, Dore Jicy? Is there any an erotiemen, and deter shown the polley of the act. and referred you t lunguege We are brought to the consideration of the evidence produced ip support of the indict- ment Was the affidavit true! If not, are you satis. fed that the defendant, at the time, knew it was and made the affidavit falvely and corruptly ? ture cf the affidavit ix said to be proved by xomipation of the defendant, and by the books in epecie, After ad checks. be raid, ip to the certified el fendereom. “if taken by Dayton the belief that, asenshier, he could immediately con’ it into funds wnder no reservation ae to its use, it may be considered asensh, wd as @ constituent part of the required cweh capital The uncertified e was per ve no gitater reprerentative of cash thao an unaccepted draft or order would have been It was a very slender and Weak ground-werk fora deliberate affidavit, that it wae & port a tone fide cash capital contemplated by But if you believe that, relying upon the ed bility of Mr. Sanders isration to defendant at the time that thi for it nk. and he regretted that he had not drawn it but suppored in good faith that the money was in arpecie-paying bank, fron which he could draw it at Will. iabe wearing upon it would be too technical to rubject acitizento the pains and penalties of perjury. Iie own ebrck wae certified. But if he made an ar: rangement with bir, Wood not te draw that money antil and his oredit in the affidavit, was Bie account wn y bi mode good for it k. when he made the not the cheek, ¢ ough not mind of knowledge of worth mere thew bis real depoett in that bank it eculd net represent, in bis eye etd his con Fovener. mere cah eapital in the State Bank at Merrit, on the 20th of August, 1849, than he cn that dey could im good faith have demanded for it of Mr Wood, at the counter of the Morris County Bank of telegraphing to Milla; Ihave seen the | Bank; I thought the draft of E. A. Thompson upon the | Vheenix Bank would be endorsed even before ol. Thomp- | rectors should have — aot. ae appearing by its whole | | from Members of Ci ween unfortunate accused citizen, charged with | duty of trying this issue upon the evide: ing to law; and unienc you make.» deli upon the evidence, you become Yourselves morally guil of the awful ime for which the defendant is on 4 If the assets could, in oust pageant have | time accounted by hiw as . was that these assets the property of the bank bona banking purposes? The testimony on that | jpeen ly discussed on both sides, and you must from. | the whole of it’ determine the question. “I do mot ptos, | to review it in detail, nor the arguments respect- pg it. It requires no particular repetition by the court,. but it copsdently committed to your . ¢; te . Fee i | tileme: If not intended to | purposes, did the defendant know that. | purpose ! ‘he whole case rests very mush upon | Motive, If he cannot fai under the -CVieg | dence, be considered as privy to the views and | purpores of E. A. Thompson and others, touching the future ecnduet of the institution, but su | posed that the money and the checks, or their equivalent in cash value were to remain under his contro) and action a8 cashier, cannot {be | found guilty of making a corrupt oath. To establish perjury, there must be proof that the oath was taken with some degree of deliberation, If, under | the circumstances of the case, it appears that it was owing to the weakness rather than the perverseness of | the party, or where it was oceasioned by surprise or in- advertence, or by a mistake with regard te the true | state of the questions, it will not amount to volu | and corrupt perjury. The jury are to infer intent from: | circumstances, A cashier is, in common understanding, considered the exeeutive officer of & bank, through whom the moneyed operations of the bank are princpally to- be conducted, The Legislature imposed the oath uy that officer. as one of the two who would best re | stand the true condition of the available funds of the- corporation, If, in the present instance, Mr, Dayton has satisfied you that he was not a free nt there— that be had not a fair opportunity of know! the con- dition of those funds when he made the affidavit—that act should ty its due weight, provided he honestly sought the necessary information before he moved in so solemn an act. The case is now to be entrusted to you. Let the same patience which has characterized your conduct during this protracted trial, be exercised in the» jury room; and may the God of Truth, who knoweth alb- things. and from whom no motives can be hid, lead you: | by His spirit to a verdict which will satisfy your own | consciences. maintain the majesty and power of our- aws, and do the defendant fall justics Musical Union, and Association of the American Pianot:rte Company, founded on the principles of i Accumulating Fund Associations, and ex- _benefite for the distribution of pianofortes and . Books for the Second Fiano Company will, be: opened this day, Monday. Books for the First Melodeon. Company will be opened this day Monday, at their office, 29 Broadway, Laferge Building, rom No vii No. 5. OUELYN. & WATSON, Trastees Notice.—The members of the First Piano Co. are Feqeeonee. to attend promptly to the no! ry the 19th ult. Genin’ infinite variet; made and Parisi nin's show opposite St. Paul’ Variety, Elegance, Durability and Eco~ nomy.—This is the motto of Knox's hat establishment, 123 Fulton street, as the variety, elezance, durability, desirable qualities of his renowned hate are unequall the world. For the clergyman he manufactures a grave, sedate, and dignified, and for the artizas tleman of sur and above all, economical in Rock; | Police Hoaxed.—The crowd that collected last Saturday night, at No. #) Fulton sti tained, by the police, to be nothing more tl citizens of New York and Brooklyn. maki of FREEMAN'S beautiful Drab B: ‘He has a few more left of the same so1 Silks Reduced in Price.—James Beck & have reduced the prices of their Seehig al Summes Bareges, Jaconets, Musling. Foulards, Calicoes, Man~ tillas, Shawls, French Embroideries, Laces, &c., below Coa Ladics will find some great bargains at 355 Broadway. The Art of Shirtmaking.—There Is no arti- cle in the costa gentleman which has been go difficult, to obtain as legantly fittiog shirt. We cam pumice. however, that whoever leaves his measure with GREEN) Nq-, l'Astor House, will find no shadow of eause for complain when his order is executed. Perfection in the article, and despatch and punctuality, are characteristics of this fachicnatie and popular furuishing establishment. ALoagn Lat of Remnanta of Yi lish Three Ply d Tograin Sree from 7 to #0 yards each, ae sold very cheap, at No. 9 Howery, HIRAM AN DERSON’S.. 4,000 yards Floor Oil Cloths, one to two yards wide, 3s. anc! ger ‘yard; oplondid Ingrain Carpets, te fe and G. pee ‘b Gaiter, been by? r—This sa Srticle whlely b ost elegant a Presented for ropage, of the public, ie wow offered ma a ee ‘nion, ‘assau street. Nothing can Paine ‘a to set the hydrants on fire, but the public have mo faith in such gassy propositi 1 the true. Thi y prefer the good, the subs the reason why they’ flock by bun: to ls treet, where boots, shoes, and gaiters, which Paris can’t surpass in om a and faish, are sold at prices low beyond all rece! Rich and Elegant—Cah! has the most complete stock of Shi to be found in the world. Ladi pt the Turkish Costume, will ters well calculated to display all th 377 Broadway, for d gent’ tutend ful Gai- of a pretty foot. lished Isis, Most Wonderfal.—It that A. bs. Wilson's Sewing Machine is the best ebeapest machine in the world—can do more wo! in one day than ten reampetresscs.. Those who wish to make & Sree, meses call = 1% aod Broadway, room 23, up stairs, where thie truly astonishing mac Kran Wie vnc ae and Toupees.— We would call the at- tention of persons requiring Wigs, to a recent improvement. Ticsaive wan awardee a aityer scedal {or dhe Gea pat | ir. re se it EB. ¥ Hair Dye Factory, 1M Broadway, corner of Dey anreots Hair Dye.—Thompson'’s Liquid Hatr D; which colors the hair as soon as it is lie odor, never turns the hair green, to any dye in use, or the money returned, plied at [7 Park tow, under Earle’s Motel. 4 liberal discount tothe trade. now acknowl with Bogle’s other pi Falton street; Rus! ton W.M. Carey & Co., and Brig- an of "A.B. ® D. Sand Zi3 Broadway; ari street, paration Clark & ¢ ham & Day, Oxygenated Bitters,.—This famous remedy for dyspepsia bas dk popularity far beye before Pp T revs and other disting ranty for the superiority For eale by A. B. & D. Sanda, 315, and ©. He King any medicin MONEY MARKET. Scxpay, June 22—6 P.M The past week has been one of great excitement fo the money market. and quotations for stocks have flue- tuated considerably. The news from California has given very exciting topics fur conversation and comment in firancial circles, and no satisfactory conclusions have been reached in relation to the probable effect of the advices. The worst fears are entertained by thore whe have carefully watched the course of things connected with the California trade, and the future is filled with apprehension. Several failures have already taken ploce. and more must follow. We have difficulties com- ing upon us from all sides, The reclamations on ship- pers of cotton. amounting to millions of dollars, coming at this particular juneture. will fall more heavily upon those Interested than at any previous time within the post twelve months ‘The growing tightness in the mo- ney market, the result more of a distrust in the public mind relative to the future, than of any contraction in the supply of capital, the heavy weekly shipments of specie to Europe, and the alarm evidently felt by the banks, all tend to restrict operations in commerciag matters, and to embarrasa those who have in- volved themselves too deeply in the transactions of the day. We recollect perfectly well that the great revulsion of 1857 was brought about in a way precisely similar to this. Every thing went on swimmingly, and ap- parently prosperous, until the grand erash came, All sorte of extravagance and speculation were the order of the day; a failure oceurred occasionally in the city and in remote sections of the country, but credit, generally, Was untouched, Money was, at that time, much mere uable than at present. There was no scarcity of epecie in the country, but the banks were not fully sup- plied. ‘The currency was largely metallic, and specie was not scarce until after the «uppression of specte pay- ments by the banks. The first note of alarm came from the South, in the shape of cotton failures in New Orleans, caused by the great depreciation in the price of the raw material in Liverpool. These failures, like all others that cecur in any part of the Uuited States, fell directly upom this city, and the first effect was the euspension of se: veral of our largest Wall street houses, This was o death blow to public confidence, and firm after firm went down like # pile of bricks, The foundation ef indivi- dual credit w ne, andall the gold in California could hot have arrested the panic, The universal distrust that prevailed, compelled all those whose affairs were in an insolvent condition to suspend at once, and hundreds of houses which were, up to that moment, considered per- B.A. Thowpeon was lost at thy pap, om phe sub | 4 ee oe ee) _ rouus and strong, went by the board 3b Wa hem