It has often been said that one should never brag about a family tree for fear of finding a few ancestors hanging on it. So far the limbs are free of horse-thieves and pickpockets, but we do have one regicide and also a very naughty bank president. The case of John C. Eno and the Second National Bank of New York is presented through the eyes of the reporters covering the scandal.
THE SECOND NATIONAL TO GO ON.
Action Of The Directors -- Making Good Any Loss -- President Eno Resigns
Among the rumors that were circulated industry yesterday was one that the Second National Bank, in the Fifth Avenue Hotel, was in trouble. As soon as the rumors reached the ears of John C. Eno, president of the bank, he called a meeting of the directors to be held in the evening, and requested all the other officers to be present. Work was at once begun on the preparation, of a report for submission to the directors, in order to enable them to make a statement which would give assurance to the public that there was no foundation for the rumors of defalcation and embarrassment. O. D. Roberts, cashier for bank, ceased his labors long enough to say to a Tribune reporter:
"You can say from me that there is no truth of these reports. There has been no defalcation here and we are in no trouble; the directors will make a statement which will convince the public of this. I wish to deny the stories utterly."
The directors of the bank met at the house of Isaac N. Phelps, No. 229 Madison-ave., last evening, to consider the condition of the bank. Amos R. Eno, Amos F. Eno (a stockholder, but not a director), Henry A. Hurlbut, Isaac N. Phelps, James A. Trowbridge, Anson Phelps Stokes, O. D. Roberts, cashier of the bank, and William Walter Phelps were present. They were in session until nearly 1 o'clock this morning. At that time Mr. Roberts furnished the following the publication:
It was learned that John C. Eno had resigned the presidency of the bank and that James A. Trowbridge had been elected in his place. Mr. Trowbridge is the son of the former president of the bank, who died two years ago, and is a member of the well-known banking firm of Vermilye & Co. No. 16 Nassau-st. He is a man of large wealth.
Inquiries were made of several directors as to the details of the loss which the bank had suffered and as to the amount of the deficiency which had been made up, but they declined to give any information.
The Second National Bank was organized in 1863 and bears the reputation of being one of the strongest small banks of the city. It has a capital of $300, 000. Many wealthy families on Murray Hill and in neighboring parts of the city have accounts with the bank.
New York Tribune, May 14, 1884, p. 12
THE SECOND NATIONAL SOLVENT.
Paying All Applicants Until Long After the Usual Hour -- How The Deficiency Was Made Good.
The Second National Bank was opened yesterday half an hour earlier than usual, to accommodate the run which was obviously coming. Two tellers were employed to facilitate payment -- one for the gentleman and one for the ladies. All the ladies who called were paid, the last one leaving the bank at 5 o'clock. The ladies' window was then closed. The men's window was kept open until nearly 6 o'clock, and until all in the building were paid. The difficulty of ingress kept off many lady depositors, but in spite of the inconvenience, over hundred and fifty customers made deposits, and one new account was opened. The certificate of the examiner that the bank was solvent was posted in both front windows as early as 11 o'clock, and attracted much attention. The story of the run is given in more detail below.
Between half-past 9 and 10 o'clock, groups of well-dressed men and women began to gather in and about the Second National Bank, at Fifth-ave. and Twenty-third-st. After talking excitedly for a few moments they formed a line in front of the paying teller's window. The bank occupies a long, narrow room in the Fifth Avenue Hotel Building. On the left of the entrance is the directors' room. The paying teller's window faces the door, while the desks of the other officers of the bank extend to the back of the room, leaving a narrow passage between them and the wall on the north side. It was evident that a run on the bank had begun. The space devoted to the public was crowded, and it was soon found necessary to station several policemen at the entrance and divide the people into two lines, the ladies on the south side and the men all the north. Before you in the lines extended to the entrance of the Fifth Avenue Hotel on the north and to Twenty-third-st on the south. A policeman in the doorway was kept busy telling all comers that those wishing to draw a money must take their places in the lines. Inside of the bank the line of men stretched from along the wall to the further end of the room, where it doubled on itself till it reached the paying teller. The ladies occupied the other side of the room, and filing passed the directors room were admitted through an elaborate brass gate into a small room adjoining that of the directors. Into this another window opened from the teller's desk, and the two tellers divided their attention equally between the two lines. In the centre of the room stood Police Captain Williams. Good order and good humor prevailed, though some of the depositors were kept slowly moving on for three or four hours in their weary march from the pavement to the teller's desk, a distance in a straight line of some three or four yards.
Meanwhile there was constant counsel in the directors' room. The massive figure and fine, kindly face of Amos R. Eno were constantly visible. Sometimes he was in consultation with his son Amos F. Eno, or with Henry A. Hurlbut and Anson Phelps Stokes of the board of directors, or with President James A. Trowbridge, who was there for short time only, the condition of affairs in Wall Street requiring his presence down town.
The Banks Examiners Favorable Report.
Early in the morning Bank Examiner Scriba made an examination of the books. He expressed himself as thoroughly satisfied with the condition of affairs and highly complemented Amos R. Eno and the rest of the directors for the noble way in which they had stood by the bank. Examiner Scriba the made a brief statement of which a copy was sent to the Stock Exchange, where it was read from the rostrum. Copies were also posted in the bank windows, and this action did much to reassure timid depositors. The statement was as follows:
Secretary Folger also called at the bank during the morning and expressed Amos R. Eno his sympathy with him and admiration for his conduct. Toward 2 o'clock many of the persons in line fell out and betook themselves homeward, either having become convinced of the bank's solvency or seeing that if the doors were closed at the usual time they would have no chance of reaching the paying teller's desk. Contrary to general surmise, however, the doors still remained opened when 3 o'clock arrived. An hour later the line did not extend beyond the door. It took over an hour and half longer to pay all those present. At twenty minutes to 6, J. S. Case and his assistant, been worn-out paying tellers, closed their wicket and the doors were barred. Throughout the date, however, the receiving teller had not been idle. There are many depositors who placed large amounts to their credit, and when a hasty summing up was made it was found that the deposits exceeded those of the day before by nearly one-half. Messrs. Hitchcock & Darling of the Fifth Avenue Hotel deposited about $40,000, Messrs. Park & Tilford over $10, 000 and Herter Brothers a large amount. A new account was also opened with the bank.
About 3 o'clock a coupè was driven up, and J. W. Pinchot, bearing a large parcel which was understood contained the bank bills, entered the cashier's room. This fact soon became whispered about, and several weary depositors left the ranks. A few large depositors strolled in during the afternoon and chatted with one or another of the directors. One of these said to a Tribune reporter that Anson Phelps Stokes had stated that Amos R. Eno had early in the morning deposited $1,000,000 in the bank.
Talks With The President And Directors.
In the meantime rumors arrived concerning John C. Eno's retirement from the presidency. James A. Trowbridge, the new president of the Second National Bank, said to a Tribune reporter: "The deficit has been made good by the directors, and there is no reason why the bank should not go on successfully."
"Will the directors see the bank through any trouble that may arise?"
"Certainly. All are wealthy man, and having lifted the bank out of its present difficulty they are not going to abandon it now and lose what they have put in. But there is no likelihood of any further serious trouble. The bank is now thoroughly solvent and able to meet all its liabilities."
"What was the amount of the deficiency caused by the operations of ex-President Eno?"
"That I would rather say nothing about. Whenever the amount was, the deficiency has been made good, and Mr. Eno is no longer an official of the bank. That is all the public are interested in knowing."
Anson Phelps Stokes said in answer to inquiries:
I have nothing to say regarding John C. Eno's defalcations. It would not become me when the noble manner in which his father, Amos R. Eno, has come forward is taking into account. I can only say that the bank is perfectly solvent. All depositors will be paid in full, and beyond that I do not see that any details are necessary. There is only one man with whom we can find fault, and that is John C. Eno, but as I say, his father's noble conduct shuts our mouths completely.
Henry A. Hurlbut said:
The bank is perfectly solvent, the depositors will be paid all their claims. There has been paid out today about $500,000 and about as much more is on hand in the bank. There is another half-million to our credit in the Clearing House. There are about 4,000 depositors, and the majority of these are, I believe, satisfied as to the bank soundness. It is only the smaller depositors who have joined in the run today. As to the defalcations, I do not care to speak at length. John C. Eno has undoubtedly rendered himself liable to imprisonment, but in view of the noble conduct of his father, I think no steps will be taken against him. The deficiency amounted to about $4,000,000. Amos R. Eno and some other stockholders made that good between them. Amos R. Eno also deposited $1,000,000 in the bank this morning, and expressed his readiness to deposit the same amount tomorrow and the day after, if found necessary. I am deeply grieved at want of confidence shown by this ridiculous run. The Second National Bank is an admirable institution, and I should be sorry to see a crippled.
From another source it was learned Amos R. Eno had handed over to the bank $3,300,000 in securities, and that the further sum of $500,000 required had been contributed by the directors.
Amos R. Eno refused to make any statement for publication, as did also his son Amos F. Eno.
The number of those who withdrew their deposits was nearly 500. Several inquiries were made for missing messenger boys. One depositor intrusted a check for $240 to a boy in the forenoon. Late last evening neither boy nor money had turned up. Another boy disappeared with a certified check.
Amos R. Eno during today recorded an instrument, witnessed by William Walter Phelps, revoking the power of attorney given by him to his son John C. Eno in 1875, and also revoking all power of any kind or date heretofore given to him.
New York Tribune, May 15, 1884, p. 12
A TELLTALE LETTER ABOUT ENO
His Use of the Second National Bank Funds -- His Father's Indignation.
Publicity has been given to letter written by a gentleman in the city to a friend in Boston, in which an account is given of the difficulties in which Mr. John C. Eno involved the Second National Bank. According to the letter, Mr. Amos R. Eno was overwhelmed with astonishment and indignation when he ascertained it his son had sunk $3,000,000 of the bank assets in Wall Street. At first, it was said, he was for having his son arrested and treated as a common criminal. In his excitement he lost sight entirely of the bank itself and visited his wrath only upon its president. The directors finally led him to consider the position in which they themselves and the officers of the bank were placed, and prevailed upon him to make good a part of the deficit.
His offer was deemed insufficient and he declined at first to increase it. But subsequently he agreed to sustain the burden of the bulk of the deficiency and the directors supplied the rest. In the letter it was stated also that on Wednesday, when the bank was declared solvent and all the trouble was believed to be over, a check for $90,000 was presented which John C. Eno had drawn upon the bank and had cashed down town while the bank's losses were being investigated. This new offense further incensed the elder Eno, it was stated, and when one of the directors agreed to share the amount evenly with him did he consent to pay the face of the check or recognize it all. A published copy of this letter was yesterday shown to Mr. John C. Eno at his residence, but he declined to read it or to say anything at present about the affairs of the bank.
Mr. Phelps' Statement
Mr. Isaac N. Phelps was then questioned as to the truth of the statements contained in the letter. He said: -- "I am not into position to pass upon them authoritatively. For long time I have been an invalid and have had no active business relations with the bank. Consequently, I can only speak of some of these accusations from hearsay."
"Is it true that Mr. Amos R. Eno was so incensed at his son that he intended to make him an example and deal with him according to law?"
"I cannot say what Mr. Eno's feelings were. I'd do know that a responsibility which, it is generally believed, he should assume was saddled in part on the directors. It did appear to many that a man who is reputed to be worth $20,000,000 might have borne the burden of his son's shortcomings and sustained the credit of an institution in which public confidence was always reposed, and which but for this young man would never have been subjected to such an ordeal."
"Are the rest of the directors of your opinion?"
"No one wishes to be made amenable for the sins of others. As the directors were not responsible for the squandering of the bank's assets in Wall street, they naturally were not inclined shoulder the obligation to the bank's creditors. It was fancied that the Enos might settle it among themselves. But it appeared that we all had to bear a hand in sustaining the burden."
"But part of the deficiency was assumed by Mr. Amos R. Eno?"
"The bulk of it, of course. The rest was made up by the other directors."
"Were you called upon to contribute?"
"I was, and I paid in good round sum."
The Proverbial Straw.
"Is it that after the bank was declared solvent and the difficulties all appeared to be adjusted a check came in for payment which John C. Eno had drawn on the bank and which he had got cashed down town after he had confessed to his father the misuse of several millions?"
"I heard that something of the kind occurred. I was not at the bank, and consequently heard nothing of it directly. But I have been told that such a check was presented."
"What action did it occasion?"
"On the part of the directors, none. It can be easily understood that such an additional burden was like the proverbial straw that broke the camel's back. Mr. Amos R. Eno, I believe, guaranteed the payment of the check, and a matter ended there."
"Is the standing of the bank fully restored?"
"I believe it must be. It is shameful that it ever suffered at all. Why, that bank has been the most successful institution of its kind in the city. Nineteen years ago ten gentlemen, of whom I was one, started it. We put in $30,000 each, and on this capital of $300,000 we at once began paying large dividends. In thirteen years $680,000 was paid out in dividends on the $300,000 invested. I remember it was conducted on the strictest principles of business and honor while I was actively associated with it. After the death of Mr. Trowbridge, the former president, I withdrew from it, and since that time I have known little about its management."
"But now that the sum lost by Mr. John C. Eno in speculations has been made good will not the institution continue to flourish?"
"I suppose it will. There's no reason to doubt it. There is $4,000,000 in it not drawing interest, and I do not see how its credit can be impaired."
Goffe & Randall, the brokers through which John C. Eno, the former president of the Second National Bank, speculated, issued a statement to their creditors yesterday, offering to compromise for thirty cents on the dollar, cash. It is promised that whatever the firm gets of the claim of $70, 000 against Mr. Eno will also be divided among the creditors.
New York Herald, May 22,1884, p. 3
AMOS R. ENO'S TRANSFERS
Mr. Amos R. Eno, who is undertaken to make good the deficiency in the assets of the Second National Bank caused by his son, John C. Eno, yesterday mortgaged the Fifth Avenue hotel property to the Mutual Life Insurance Company for $1,250,000. The amount is payable in September, 1885, with interest at six percent. The mortgage was recorded yesterday. Mr. Eno a few days ago raised $250,000 in the same way on property at Mercer and Grand streets.
New York Herald, May 23, 1884, p. 4
AMOS R. ENO BORROWING MONEY.
Amos R. Eno has borrowed $1,250,000 from the Mutual Life Insurance Company upon the Fifth Avenue Hotel. This action is probably due to the fact that Mr. Eno has had to furnish $3,500,000 to make up the deficiency in the Second National Bank.
New York Tribune, May 23, 1884, p. 5
JOHN C. ENO'S PROPERTY
Instruments recorded yesterday show that John C. Eno, the ex-president of the Second National Bank, directly after the discovery of the deficiency caused by his speculations, transferred all his real estate. The building and lot No. 53 Day Street and his residence on Park avenue were turned over to Mrs. Charles B. Wood for an expressed consideration of $100,000. No. 73 Mercer street, also a piece of property on West Sixty-seventh street, and premises on South Fifth avenue, near Canal street, were set over to Henry C. Eno for $90, 000, and Nos. 408 Madison street and No. 301 Monroe street were conveyed to William A. Kopp for $18,500. Before transferring No. 73 Mercer street he mortgaged it to Florence C., Mary P. and Antoinette W. Eno for $15,000.
New York Herald, May 24,1884 p. 3
WILL JOHN C. ENO BE ARRESTED?
DEPUTY SHERIFF M'GONIGAL NOT WATCHING HIS HOUSE -- WHAT THE DIRECTORS SAY.
There were many rumors yesterday regarding John C. Eno's relations with the Second National Bank. A report published yesterday morning stated that his house in Park ave. was watched all Thursday night by Deputy Sheriff McGonigal and three assistants. Mr. McGonigal, who is chief of the Order of Arrest Bureau of the Sheriff's Office, said yesterday to a Tribune reporter:"I did walk up Park-ave. last night, but I do not even know where Mr. Eno's house is. I was out last night looking for another man, and I'm afraid the publication of the fact that I was seen in the neighborhood will put my man on his guard. No order of arrest for John C. Eno has been issued today, and I do not know thathatne has ever been applied for."
As far as could be learned no proceedings were begun against Mr. Eno in any of the courts.
Nearly all the directors of the Second National Bank were seen yesterday, but they united in declaring tha [sic] they were not concerned in any way in any steps that might have been taken toward Mr. Eno's arrest. Some of them, however, hinted that they would not be surprised to learn of such a thing taking place in the near future.
President Trowbridge said last night: "I believe Mr. Eno has not yet been arrested, and I have no knowledge of any steps that are being taken toward that end. My duties are confined to the finances of the bank and these absorb all my energies. As to that, I can only say that the bank is in the thoroughly sound condition and will remain so as long as I am at its head. I regret, however, but certain rumors have been printed in The New York Times, which are wholly without foundation and have tended to seriously injure the bank. These seem to have arisen from the fact that the day after John C. Eno's defalcations were confessed to his father he drew a check on the bank for $95,000, which he cashed downtown. The amount of this had to be met by the directors. It is now claimed that many others have turned up. This is emphatically not so. The check for $95, 000 is the last we have had to settle. Several depositors seeing these statements have grown nervous and closed their accounts with us."
John E. Eno has sold his property in Dey, Mercer, Monroe and Sixty-seventh sts., and in Park and South Fifth aves to different members of his family for $203,500. Before transferring the premises No. 73 Mercer-st he secured a loan of $15,000 upon them.
Despite Mr. McGonigal's appearances that neither he nor his assistants were watching Mr. Eno's house, a well-known lawyer, who lives in the neighborhood and knows the Deputy Sheriff well, saw him outside Mr. Eno's house early yesterday morning. Lounging about Thirty-seventh st. just above the house was one of his assistants, while a block below was a second. A third remained at the rear entrance to the house on Thirty-sixth-st. Thus continued the state of affairs all day. Visitors to the house were confronted by a servant girl, who said that Mr. Eno was not home, or Charles Wood, his brother-in-law, who said that he was sick and confined to his bed. In any case it was impossible to see Mr. Eno, and throughout the day he neither left nor entered the house.
Father Ducey, who is a personal friend of the Eno family, was in and out of the house several times, but said that he had not seen Mr. Eno. Another friend of the family, who also called late in the evening and stayed some time, said when he came out that Mr. Eno was his room and he had not seen him.
Mr. McGonigal was seen at his home, and said that there was nothing new in the matter.
At midnight the lights in the windows of Mr. Eno's house were extinguished. The watchers still leaned against the railings and smoked their cigars. One of them said: "Unless Mr. Eno flies up the chimney, I don't think he will leave that house without our knowing it If he does come out, however, I don't know that we shall stop him, but you may be certain we shall know where he goes."
The New York Tribune, May 24, 1884, p. 5
FLIGHT OF JOHN C. ENO
HIS HOUSE SEARCHED BY MARSHALS.
Unsuccessful Efforts To Serve A Warrant Secured By District Attorney Root.
A warrant for the arrest of John C. Eno, the former president of the Second National Bank, was issued by United States Commissioner Shields yesterday morning at the request of District-Attorney Root. Mr. Root has been engaged since the first reports of the peculiar financial transactions of Mr. Eno in examining the laws relating to National banks, and became sufficiently satisfied that the law had been violated to lead him to take decisive action. The warrant was given to Deputy Marshals George H. Holmes, Grimes and Peters. The marshals went to Mr. Eno's house at No. 46 Park-ave. They found on the street in front of the house and at the doorway and distributed on the streets about the block several deputy sheriffs and several detectives said to be in the employ of Pinkerton's Detective Agency. Holmes was assured that Mr. Eno was certainly in the house, as it was impossible that he could have departed without being seen. Mr. Holmes after waiting as short time decided he would make effort to serve the warrant.
The deputy marshals went to the door and asked to see Mr. Eno. They were told that he could not be seen, but persisted in their endeavor to find him. They looked through a part of the house, but found only the ladies of the family. A policeman was called, but when Mr. Holmes explained his mission the police officer said he could only assist the court the Marshal in his search. All the rooms were carefully examined, though the deputy marshall was assured that Mr. Eno was not in the house. Mr. Eno's brother came to the house while the search was being prosecuted and when the mission of the officers was explained to him, he offered to assist them.
After a careful search the deputies became convinced that Mr. Eno was not in the house. They returned to the Federal Building at a late hour in the afternoon and reported to the District-Attorney.
Watching The House In The Evening.
At 5:30 the house resumed its wonted aspect. Against the railings at Thirty-seventh-st leaned one of the men who have been supposed to belong to the Sheriff's Office, and who since Wednesday had kept careful watch over the ingoings and outgoings of the occupants of No. 46. Later in the evening three deputy-marshals were strolling up and down the avenue before the house and occasionally halting at the corners of the block. They admitted having made the search during the day, but said that they had not been on the roof or down in the cellars. They also said there were two staircases in the house. The policeman who was called in by the deputy-marshals said that he had merely guarded the door.
A persistent watcher of the house during the last three nights has been a stout man with a reddish beard who speaks with a German accent. It was said last night that a private detective has been employed by one of the directors for the last few days to shadow Mr. Eno. The presumption is that the man with the red beard is the person so employed. He was inclined to be reticent last night, but said that in his opinion Mr. Eno had left the house on Wednesday.
A servant who answered the door bell early in the evening said the Mr. Eno was at home and sick in bed. Later Charles Wood, his brother-in-law, was seen. He refused to say anything upon the subject as he claimed that it was a family matter which did not concern the public. He indignantly denied, however Mr. Eno had left to avoid arrest, but admitted that he had not seen him for some time -- several days in fact.
Amos F. Eno (John C.'s brother) was seen at his house in Fifth-ave. He said that his father, Amos R. Eno, was out of town, but denied the published report that the elder Eno had in any way turned against his son John C.. He added: "I have not been at my brother's house today and can not say where he now is. At the present time I feel we had better be silent about the affair and not even contradict any of the erroneous statements that have been published. It is a sad affair and my father is completely prostrated. Later we may have some statement to make, but not at present."
What Officers Of The Bank Say.
Henry A. Hurlbut, one of the directors of the Second National Bank, said: "I have not heard anything about the warrant issued for John C. Eno's arrest. What you tell me about the search that has been made for him by the deputy-marshals is a complete surprise to me, as I have received no hint of it before. I have not seen young Eno since he retired from the presidency of the bank."
Isaac N. Phelps, another of the directors, said: "I have only just heard of the search that was made this afternoon for young Mr. Eno. It was a surprise to me. As far as I know, the directors are not in any way concerned in this. I had been very little at the bank of late, but Mr. Stokes, the most active of the directors, was with me this afternoon, and we had a long chat upon the bank's affairs. He said nothing to me about John C. Eno and did not refer to any steps that had been taken against him. I feel convinced that he would have told me about it had such been the case. I have not seen John C. Eno for some time."
President James A. Trowbridge said: "I have not heard anything about Mr. Eno's disappearance, and had nothing whatsoever to say about the matter. The affairs of bank are in a thoroughly sound condition. I have not seen John C. Eno lately."
Dr. Henry C. Eno, who was present in the house during the search, was not at his house in Lexington-ave., and it was said there that he was out of town.
Father Ducey's Call.
Until a late hour last night the watch of the house was still kept up, but no further attempt was made to effect entrance or make any search. There were a few visitors. About 2 o'clock a cab drove up and Father Ducey, of St. Leo's Church, stepped out and was at once admitted. He stayed nearly an hour, and on his reappearance was asked whether John C. Eno was in the house. "No," was the reply, "he is not there. I cannot tell you where he may be; I have not seen him for a day or two."
The night wore on and the passers-by invariably stopped as they had done ever since the matter was generally known and scanned the house with curious eyes. One of the watchers said he was sure Mr. Eno was in the house; another, on the contrary, said that it was a positive fact that the last time Mr. Eno was seen was on Tuesday night when he entered the house.
Diligent inquiry failed to show that any order of arrest has been granted or applied for and neither Mr. McGonigal nor any of his assistants were to be seen in the neighborhood last night. Mr. McGonigal himself persisted in his denial that he had ever watched the house or caused it to be watched.
It was reported by one of the private detectives who has been employed in watching Mr. Eno that the latter had not been seen by any of those engaged in the search since Friday morning. It was supposed that Mr. Eno might be in his own house, but he had kept out of sight so successfully that those who were watching the house began to fear that he might have gone out without their knowledge.
Some of the officials connected with the service of the warrant thought that Mr. Eno may have decided to keep concealed until Monday morning, when he could be more readily give bail, instead of facing the possibility of remaining in custody during Sunday. Arrangements were made for keeping any who might be arrested in the Federal Building over night or until Monday, if necessary, to afford a reasonable opportunity for bail to be furnished.
Late last night. Tribune reporter called at Ludlow Street Jail and inquiry if John C. Eno had been brought here. He was informed that he was neither there nor expected to arrive.
Laws Under Which Mr. Root Is Acting.
A section of the Revised Statutes, relating to National banks, provides that any officer of a National banking association who "embezzles, abstracts or willfully misapplies any of the moneys, funds or credits of the association; or who, without authority from the directors, issues or puts into circulation any of the notes of the association; or who without such authority, issues or puts forth any certificate of deposit, draws any order or bill of exchange, mortgage, judgment, or decree; or who makes any false entry in any book, report or statement of the association with intent, in either case to injure or defraud the association or any other company, body politic or corporate, or any individual person, or to deceive any officer of the association, or any agent employed to examine the affairs of any such associations; and every person who with like intent aids and abets any officer, clerk, or agent in any violation of this section shall be deemed guilty of a misdemeanor and shall be imprisoned not less than five years or more than ten."
There are several other sections providing for the punishment of officers who over-certify checks and who violate the banking laws in other respects. The punishment in such cases is by fine or imprisonment or by both. The exact charge against Messrs. Eno and Fish could not be ascertained at the District Attorney's office. An examination is now being held by Commissioner Griffith in the case of an officer of the Wall Street National Bank who is charged with a violation of one of the provisions of a law directed against any evasion of the section against over-certification.
New York Tribune, May 25, 1884, p. 12
CRIMINAL ASPECTS OF RECENT EVENTS.
At last the United States authorities have moved for the all the arrest of the national bank ex-president, John C. Eno and James D. Fish.
One of the most surprising features of the financial irregularities now fresh in the public mind is that while proof of flagrant criminality has been brought to light no attempt has been hitherto made to call any offender to criminal account. It is evident that crimes had been committed by more than one person against the laws of the State, yet the criminal authorities have looked with singular apathy and indifference upon offenses which it was their plain function to proceed against. Ferdinand Ward has been unmasked as an unparalleled swindler, but none of his numerous victims has made any criminal complaint against him, and neither the District Attorney of county nor the Grand Jury appears to have taken any step toward his indictment. Ward is in jail, but on civil process. Whether or not James D. Fish, a fellow operator with Ward, has committed any criminal offense, and whether John C. Eno is or is not guilty of a crime for which men are supposed be sent to state prison, are matters that had been treated with unconcern by those charged with the duty of setting the State law in motion against criminal offenders.
But there is another aspect of the matter still more suggestive and significant. Criminal offenses have apparently been committed against the national banking laws, yet the federal officers whose duty it is to move in such cases appear to have been as inactive as the State authorities. The Revised Statutes of United States declare that "every president, director, cashier, teller, clerk or agent of any national bank who embezzles, abstracts or willfully misapplies any of the moneys, funds or credits of the association,* * * or who make any false entry in any book, report or statement of the association,* * * and every person who would like intent aids or abets any officer, clerk or agent in any violation of this section, shall be deemed guilty of a misdemeanor and shall be imprisoned not less than five years nor more than ten." To say nothing about the suspension of the Metropolitan National Bank, the Marine National has been wrecked, and its own president, with Ward as an accomplice, found to be the author of its ruin. That Fish's questionable transaction as chief executive of the institution were studiously kept from the knowledge of the directors is shown by the fact that on the very morning of its failure these officers supposed to the bank to be in a sound and flourishing condition. Without their authority or knowledge the presidential trust had been abused to an extent that brought sudden ruin upon the bank.
Did James D. Fish "willfully misapply any of the moneys, funds or credits of the association?" Did he "make any false entry in any book, report or statement of the association with intent to injure or defraud the association or to deceive any officer of the association?" If so, he is guilty of a misdemeanor punishable by imprisonment not less than five years. Did Ferdinand Ward aid or abet the president of this bank in any violation of the law we have cited? If so, Ward is also guilty of a misdemeanor and subject to the same punishment. It is not easy to explain the transactions of either on any theory which does not suggest a criminal violation of the national banking law, yet both have enjoyed an immunity from molestation which can only be justified on the ground of their own innocence and the regularity the practices.
But the most flagrant and scandalous case of official malfeasance ever unearthed in a national bank is that of the Second National. If report be true, that institution has been plundered by its president to the unparalleled extent of millions. That an enormous deficit was suddenly discovered, that it was mysteriously made up and hushed up by the directors, that the culprit was the president himself, are matters of common notoriety. Did John C. Eno "embezzle, abstract or willfully misapply any of the moneys, funds or credits of the association?" In plain English, did he, as is commonly reported without contradiction, rob the bank of millions of dollars? If so, he has committed a crime against the national bank law for which the penalty is not less than five years imprisonment. But has any officer of the bank, cognizant of the facts, made any complaint against the offender?
But more than this. The national banking law makes it the duty of the Comptroller of the Currency, with the approval of the Secretary of the Treasury, to appoint a suitable person or persons to make an examination of the affairs of a national bank whenever it shall deem necessary or proper. The examiners so appointed are authorized to make a thorough investigation and to examine any of the bank officers on oath. There probably has never been a case in which a examination was more imperatively called for than that of the alleged criminal defalcation which has been reported in the Second National Bank, and the details of which are studiously kept secret by the directors. Yet, so far as public is informed no such examination has been begun or even ordered by the Comptroller of the Currency.
The apathy and delay on the part of those whose duty it is to take cognizance of offenses against the national bank law and to proceed against the offenders are more than amazing or mysterious. It is an encouragement of crime that can only be productive of mischief. There has been and should be no lack of confidence in our national banking system. But how can this confidence been maintained unshaken unless presidential who wreck and plunder national banks are dealt with promptly and vigorously by the criminal authorities?
New York Herald, May 25, 1884, p. 12
TWO ABSENT FINANCIERS
John C. Eno and Teller Hinckley Still Missing.
THE PARK AVENUE HOUSE GUARDED
Illness of Amos R. Eno -- Hopes for the West Side Bank
Deputy Sheriff James Brown, who recently added the arrest of Ferdinand Ward to his long list successes as a Sheriff's officer, ascended the steps of John C. Eno's residence yesterday and rang the bell. The door was opened by a servant girl, so far as a guard chain would admit, but no further. After a short parley it was closed again. Mr. Brown stood in the vestibule -- the outside doors being opened -- about 10 minutes when a male servant came out from the basement and accosting Mr. Brown, requested him to leave, adding he would compel him to do so. The servant, however, seemed to reconsider this re-entered the house by the basement way. After remaining a few minutes longer Mr. Brown descended the steps and walked in the direction of the Grand Union Depot.
The reporter questioned Brown as to the object of his visit to Eno's, but he refused to make known the reason of his call.
A Civil Process.
It was afterward ascertained that since the latter part of last week the civil process of arrest has been in the Sheriff's hands for Mr. Eno, but that it is only to be executed in case there is good reason to believe that Eno is about to leave the country. The process, it is said, was issued at the instance of the directors of the Second National Bank. The order of arrest accounts clearly for the presence of the two or three detectives who for nearly a week have been constantly watching Eno's house. They belong to Pinkerton's agency, and their object was and is to keep track of Eno and ascertain if he is about to go beyond a jurisdiction of the Sheriff. They were on duty as usual yesterday and last night.
The restriction placed upon the execution of the civil order of arrest is explained on the hypothesis that Eno's father has probably been in consultation with the attorneys for the bank, and has arranged to secure such delay in the arrest of young Eno as will enable the latter to effect of satisfactory compromise with his creditors or to have bail promptly on hand.
United States Deputy Marshals Smith and Brady were also at their post yesterday. They were relieved at sundown by Deputy Marshals Holmes and Peters.
"Hail to the Chief."
Mr. Charles Wood, Eno's brother-in-law, was again seen yesterday by a Herald reporter. "Is the rumor true," asked the reporter, "that Mr. Eno will today surrender himself to the United States authorities?" "No, it is not," answered Mr. Wood.
When asked if Mr. Eno was secreted in his own house Mr. Wood said, "On that subject I have nothing to say."
Late in the afternoon a band of street musicians came around Thirty-sixth street, and stationing themselves directly in front of Mr. Eno's house, played "Hail to the Chief" and a number of other harrowing airs not quite appropriate to the occasion. When through one of the number rang Mr. Eno's door bell -- but no other -- and asked for money. The band then marched away and was heard no more in the neighborhood.
Tracking the Wrong Man.
Shortly before midnight Deputy Marshals Holmes and Peters, who had been on duty for several nights previous, besides being compelled to appear in the United States District Court at intervals during the day, were relieved by Deputy Marshals Brooks and Jeffries. It was definitely settled before that hour, however, that Eno's house would not again be searched, at least until today.
The usual crowd of pedestrians which daily and nightly promenade Park avenue with remarkable unanimity gazed at No. 46, prompted by idle curiosity or in the hope of seeing some of Mr. Eno's family at one of the windows. The visitors at the house were not as numerous as on Sunday, nor were the lights in the upper stories so brilliant last night as previously.
Shortly after nine o'clock last night a tall, well dressed man quickly emerged from Eno residence, and after glancing hastily about him walked off at a rapid gait. He turned the corner of East Thirty-sixth street, going to the direction of Fifth avenue. The suspicions of one of Pinkerton's detectives were aroused and he ran after the gentleman. Upon overtaking him however, he perceived that it was not Mr. Eno and returned with a crestfallen air to be subjected to the good natured chaff of the other watchers.
The rumor was spread at a late hour to the effect that Eno was at a private hotel under the surveillance of a deputy sheriff. This rumor, however, was found upon investigation to have about as much foundation in fact as had Mr. Ward's famous and government contracts.
Made Sick by His Son's Wrongdoings.
Mr. Amos R. Eno, the father of John C. Eno is so completely prostrated by the events of the past two weeks that it is impossible for him leave his room, and his family are compelled to exercise the most scrupulous care to exclude from his ears any information that might tend to disturb or annoy him. Consequently when a Herald reporter called at his home, No. 233 Fifth avenue, yesterday morning he found that it would be impossible to see Mr. Eno at all for some days. Later in the day Mr. Amos F. Eno, a brother of the ex-bank president, was found at the house, but declined to give any information. Said he: -- "My father is completely prostrated by the most unfortunate occurrences of the past few days and can see no one. We never speak of these things in his presence now, and try to keep all the news regarding my brother from his knowledge. In regard to the statement made by Mr. Anson Phelps Stokes and published in the Herald this morning, I can say that the bond given by my father to secure the capital was only $300,000, but in the past few weeks he has been compelled to pay to the banks many times that amount in order to make good the deficiency.
"In a few days, when he is better, he and I shall examine all the statements that have been published, and may possibly decide been to prepare a statement for the public. Till then, however, there is nothing more that can be said."
[the article continues on the subject of Hinckley]
New York Herald, May 27, 1884, p. 3
JOHN C. ENO'S WHEREABOUTS
His House Still Watched -- He Is Said to Have Been Seen in Tarrytown on Sunday.
The vigilance of the deputy United States Marshals and detectives who are watching John C. Eno's residence, No. 46 Park avenue, was unabated yesterday and last night, although no further search of the premises was made for the missing ex-president of the Second National Bank. Early in the morning Deputy Marshal's A. L. Smith and August Urban relieved their colleagues who had been on duty the night previous, and they in turn were relieved at nightfall by Deputy Marshal Brooks.
At nine A.M. Chief Deputy Marshal Curtis had a consultation with Messrs. Smith and Urban but its result was not divulged, although it was generally surmised that active measures would be taken within twenty-four hours for Eno's arrest. In answer to a question by a Herald reporter as to whether Eno was in his house or not, Deputy Smith said: -- "It is my opinion that he is. If it was definitely known that he was not we would probably not have the house under surveillance. If he is there is but little chance for him to escape. Too many watchful eyes around for that."
"Might he assume some disguise and thereby endeavor to escape detection?" asked the reporter.
"No, we are not much afraid of that, though such a movement on his part is within the range of possibility. The petticoat trick would be the most available one, therefore all persons leaving the house in female attire are carefully scrutinized.
A Whistle For The Deputies.
"This morning a young woman wearing a black suit and hat and a red veil left the house to walk leisurely down to the corner of Thirty-sixth street, at which Urban and I were standing. She approached within two feet of us, eyed us for a second from head to foot, and then, whistling a tune, turned on her heel and re-entered the house. That was a fling at my partner and myself, I suppose."
"If you think Eno is in the house why don't you go in and make another search? The question of his presence there could in that way be very easily settled."
"We would not do it without express orders from Marshal Erhardt, and for these we are waiting. If another search is made it will probably be by at least four deputies, headed by Chief Deputy Curtis."
Two deputies sheriffs were seen in the vicinity of Eno's house from seven A.M.. to ten A.M., but they made no attempt to gain an entrance. In the evening Deputy Sheriff James Brown arrived on the scene and remained in the neighborhood for several hours. At eight P.M. he was showing by several other gentlemen from the Sheriff' as office.
A Story That Needs Confirmation.
Between nine and ten A.M. Mr. Charles Wood, Eno's brother-in-law, walked from the house to the Thirty-sixth street corner and glanced up and down Thirty-sixth street, as if looking for someone. He then returned to the house, but shortly afterward again emerged and after scrutinizing the same corner went in the direction of the Park Avenue Hotel.
Malcolm D. McLean, who is employed in the Department of Public Works, said yesterday that he knows Eno by sight, and is positive that he saw him last Sunday in Tarrytown.
Chief Deputy United States Marshal Curtis arrived at the corner of Park avenue and Thirty-sixth street about half past seven P.M., and he was shortly after followed by Deputies Brady and Peters. Deputy Smith, who was relieved an hour previous, was also on hand. At nine P.M. there were on the block in which Mr. Eno's house is located five United States deputy marshals, two deputy sheriff's, one of Pinkerton's detectives, two private watchmen in uniform and a policeman.
A Capture Expected Today.
Deputy Sheriff Brown and Chief Deputy Marshal Curtis, the former of whom had a civil order of arrest for Eno and the latter a criminal warrant, held long consultation, but of its result neither would speak. After if they went down Park avenue. As they departed a Herald reporter learned from Mr. Curtis that the presence of so many deputy United States marshals had no special significance but was rather the result of accident. He had given, he said, no orders to have Eno's residence searched again last night for the fugitive.
The gentlemen, with large red side whispers, alighted from a coupé at half past nine P.M.. and entered the house. He remained until a late hour. He had come from the Windsor Hotel. He refused to make the object of his visit known to the reporters. But few other visitors called at Mr. Eno's during the day. This was in marked contrast to the number who poured in and out on Saturday and Sunday. The stereotyped answer given to all representatives of the press was that Mr. Eno was at home, but would see no one.
Deputy Marshal Brady was yesterday looking for Eno at the different places where he was formerly to be found, but without success. Brady, however, confidently expressed the opinion that Eno would fall into the hands of United States authorities today, and added that Eno had not been at home since last week. The fact that all the inmates of the house declared that Eno was at home led him to this belief, as did also information received from many of Eno's friends.
New York Herald, May 28,1884, p. 4
Assuming the search for Eno to a been conducted in good faith, it cannot be said to have reflected luster of the office of the United States Marshall or on any of the private detective agencies which have been employed in the case. The United States District Attorney did his duty in procuring a warrant for the rest of Eno under a statute which appeared to have been violated. There is no reason to suppose that Eno expected this action or that the warrant might not have been served if an effort had been made to serve it promptly and secretly. Eno was probably in hiding in his own house when a pretense was made of searching it, and the search, if not actually collusive, was very slovenly. After learning that the warrant was out Eno naturally took himself off. The next time the Marshal has a warrant to serve he will do well not try to serve it by means of a brass band.
The New York Times, May 30, 1884, p. 4
THE FLIGHT OF ENO
Mr. John C. Eno has been captured, in company with a Catholic priest, on board a steamer at Quebec, on the eve of its departure for England. In the circumstances Quebec is a very inconvenient place to have him under arrest, for there is no legal means by which he can be brought within the jurisdiction of the United States or of the State of New York. There is scarcely a doubt that if proper zeal had been displayed Mr. Eno might have been arrested in this city. When the warrant was issued he was probably within reach, and there is reason to believe that he was in his own house at the time the first attempt was made to serve it. The search had every appearance of being careless and perfunctory, and the watch that was afterward kept about his house was not such as to preclude his escape.
Mr. Eno will probably admit he made a mistake in running away. Even Ferdinand Ward's course has been manly in comparison, for he remained to face the charges against them. But Eno, with his family pretensions and wealthy friends, after having virtually robbed the bank of which he was chief officer, sneaked away in disguise and under cover of the night a fugitive from justice. The Rev. Father Ducey, of St. Leo's Church, appears to have aided him in his flight and accompanied him to administer comfort and consolation in his exile. As the fugitive was well supplied with funds, the priest probably played his part for a money consideration. It is a fine business for a minister of the church which professes to exercise a special rigor upon offenders against the criminal law.
Mr. Eno and his companion have been taken to Montreal by Pinkerton's detectives, but it is a question whether they can do anything but let them go again. The charge on which the warrant is based is a misappropriation of the funds of the Second National Bank. This is an offense which is not covered by the extradition treaty with Great Britain. That treaty covers only murder assault with intent to murder, piracy, arson, robbery, and forgery or the utterance of forged paper. Every effort to extend its provisions has failed, and the legislation of Great Britain has aimed at a close restriction of all proceedings for the extradition to the offenses specified specifically provided for. There have been cases in which the person of the fugitive has been secured on a charge covering an extraditable offense and then proceeded against for some other not included in the treaty, and there are intimations in this case of bringing a charge of forgery. But an act of the British Parliament passed in 1870 declares that no criminal shall be surrendered to a foreign State unless provision is made by the law of that State or by arrangement that he shall not be detained or tried for any offense prior to his surrender "other than the extradition crime proved by the facts on which the surrender is grounded."
The case of Lawrence, extradited for forgery and then tried for violating the revenue laws, caused no little commotion in its time, and when shortly afterward the surrender of Winslow was demanded on a charge of forgery the British government refuse to give him up unless a guarantee was given that he would not be tried for any other crime than that specified in the demand. The guarantee was refused and Winslow was not extradited. There has been no little diplomatic sparring over the matter, but the treaty and the laws remain as they were in 1875-6. Even if Eno were charged with forgery, and evidence were produced to prove the charge, he probably would not be given up without a formal assurance that he would not be tried for anything else; but there is no gShanghaiingge of the kind so far as we know. If he was surrendered on such a charge the most recent decisions of our own courts are favorable to the principle that he could not be proceeded against for any other offense until he had an opportunity to get out of the country again.
But the offense for which Eno is really wanted is clearly not extraditable under the treaty of 1842. That the provisions of the treaty have not been extended is largely our own fault. There is little doubt that the authorities before whom the arrested man is to be brought in Canada will order his discharge, and the detectives will hardly take the responsibility of kidnapping him and "Shanghaeing" him across the border. They are too late in their zeal and activity. The time for its display was when the offender was still within the jurisdiction of United States and there is reason to suspect that from some occult cause no earnest effort was made to secure him then.
The New York Times, June 1, 1884, p. 8
MR. ENO STILL IN CUSTODY.
DISCHARGED AND ARRESTED AGAIN.
The Original Warrant Declared Insufficient -- Proceedings In Court.
[By Telegraph To The Tribune.]
Quebec, June 2 -- The case of John C. Eno came up in Chambers this morning before Judge Tessier. Mr. Eno came in charge of High Constable Gale. Among those present were large number of local lawyers, General Hubbard, of New York, and G. H.. Holmes, Deputy United States Marshall. Mr. Pelletier represented the Crown, Messrs. Davidson and Fitzpatrick the prosecution, and Messrs. Dunbar, Irvine, Tessier, son of the Judge, and Curran the defense. Mr. Dunbar contended that the warrant was illegal. In the first place, the district was not mentioned; secondly, the information of Fahey and Bissonette was not sufficient, and thirdly, the prisoner had no stolen money with him as represented in the warrant. It did not allude to Eno but to Hinckley and others. Mr. Irvine made reference to the Ashburton treaty, showing that, showing that under such offense a person could the extradited, but he failed to see any bearing it had upon the prisoner. Mr. Eno should therefore be discharged. Mr. Tessier cited a number of authorities bearing on the defense side of the case.
Mr. Pelletier said that, this being a private prosecution, there was no necessity for Crown interference. Mr. Davidson, for the bank, resisted the application, a gave numerous of authorities and precedents. The warrant was in every way regular and pertinent. Mr. Pelletier, in behalf of the Crown, said he thought that if the prisoner was to be tried this was the proper place for the trial, and not Montreal. Mr. Fitzpatrick took a similar view. The Judge took the case into deliberation until 3:30 p.m., when he reviewed the facts and arguments, and declared that the warrant was utterly insufficient. The prisoner was not arrested as John C. Eno, of the Second National Bank, but as any defaulter from the West Side Bank.
The result was received with applause. High Constable Bissonette amid much excitement at once produced a new writ from a police magistrate of Montreal, authorizing the rest of John C. Eno, on the charge of stealing $155,000 from the Second National Bank of New York and bringing a portion of it into Canada. Mr. Davidson said this was a new and incontestable warrant and therefore Mr. Eno should it once be handed over. The Judge said he had nothing to do with it. The prisoner was discharged.
After argument by Messrs. Davidson and Irvine, but warrant was handed over to the clerk of the court, the judge saying that he would not allow the arrest to be made while the Court was sitting, otherwise he should order his arrest. The Judge retired saying that if the council wished to see him he would be in Chambers. Mr. Irvine asked to see the warrant, to which Bissonette at once demurred. Davidson also objected. While he was perusing it Mr. Davidson objected, amid some excitement, to the delay. Mr. Irvine said he had not got through reading, and that the High Constable was an insolent fellow.
Finally the warrant was returned, and High Constable Gale said he would go with his prisoner to Police Magistrate Chauvean as he had been instructed. No sooner had the prisoner left the courthouse than Bissonette made the arrest. Mr. Eno was taken before the police magistrate, who ruled that he should be retained in the custody of the Quebec High Constable till morning, and that in the meantime the police magistrate of Montreal should be advised. Mr. Eno's counsel will resist his return to Montreal, as he feels he will obtain justice in Quebec better than in Montreal. Deputy Marshall Holmes asked Mr. Eno if, in order to save any further proceedings here, he would voluntarily return, when Mr. Eno replied: "No, I don't think I shall return."
The Telegraph again has an article strongly condemning the arrest.
How Mr. Eno Was Arrested.
The following is Mr. Eno's own story of his arrest and detention:
CAN MR. ENO BE EXTRADITED?
Comment On Father Ducey's Conduct -- Hope Of A Satisfactory Explanation.
There seems to be much uncertainty in the minds of the authorities regarding the possibility of extraditing John C. Eno from Canada. President Trowbridge, of the Second National Bank said to a Tribune reporter yesterday that he knew nothing of the matter and must refer him to the bank's lawyers, Butler, Stillman & Hubbard. One of that firm said:
Mr. Hubbard is now Quebec looking after the bank's interests. We have not heard from him yet, and until we do I do not know what action we shall take. I cannot say whether the bank will proceed against him on the charge of forgery. That will depend altogether upon what course is taken by the Canadian authorities.
Robert Pinkerton said that he had no warrant in his possession, as had been stated, and he preferred not to say anything as to the legal aspect of the question. He had not receive any tidings from his correspondent, Fahey, in Quebec. All news so far had come by telegraph and he was waiting for a written report to learn the details of the capture. Mr. Pinkerton added that Father Ducey had been seen by one of his men employed to watch him in this city as late as last Tuesday.
District-Attorney Olney visited Mr. Foster at the United States District-Attorney's office yesterday to see whether there was any evidence of Eno's having committed forgery in the hands of the Government officials. He also visited Bank Examiner Scriba and the directors of the bank. Should any such evidence be obtained it will be laid before the Grand Jury within a day or two.
There was considerable comment upon the connection of Father Ducey with Mr. Eno's flight. Few priests have a larger circle of acquaintances and personal friends in New York than the pastor of St. Leo's Church, and to most of them the news telegraphed from Quebec caused a shock. It was expected by many that Father Ducey would arrive in this city before mid-day yesterday, and that upon his arrival a complete explanation would probably be afforded. The day passed on, however, without either Father Ducey or explanation. Vicar-General Quinn, who was seen at his house in Madison-ave., said:
Father Thomas McCluskey, one of Father Ducey's assistants, said:
An old friend of the Father's, who has known him for many years, spoke of his absence thus:
As to whether upon his return Father Ducey can be proceeded against for aiding in Eno's escape seems doubtful. Assistant United States District-Attorney Foster said yesterday, that according to the Revised Statutes it was an offense to obstruct the service of a warrant, but all decisions seemed to prove that the obstruction must be a violent one to come within the meaning of the law.
No one resembling Father Ducey in the slightest entered the parochial housed in East Twenty-Ninth-st. last evening. Father Tole and Father McCloskey passed in and out in the ordinary course of their calling. About 10 o'clock Charles Wood, Mr. Eno's brother-in-law called for a few minutes. In answer to a Tribune reporter he said that nothing of importance had been received from Quebec.
"Do you know if Father Ducey is in town?" was asked.
"No, sir; I do not know whether he is or not," was the reply.
Father Ducey, a month ago, hired the house No. 18 East Twenty-ninth-st. from Elbidge T. Gerry. The house adjoins the pastoral residence, and the social priest has had the house thoroughly renovated. Painters and paper-hangers were busy a work there until the departure of Father Ducey last week, when they to went away. One of the parlors was to be fitted up as a billiard room. The second floor is let to John Bryan, a member of St. Leo's Church, and a warm friend Father Ducey.
New York Tribune, June 3, 1884, p. 1
Of course Eno was liberated yesterday. Of course this result was foreseen by the District Attorney who issued the warrant for his capture and by the Marshal who was intrusted with its service. Of course it was evident beforehand that Eno would not come back of his own accord to undergo arrest when he had just ran away to escape arrest. Of course all proceedings that have been had since it was discovered that he was not secreted in the piano or the kitchen stove of his own house have all been a farcically solemn method of locking the stable door after the fugitive horse.
The New York Times, June 3, 1884 p. 4
JOHN C. ENO REMANDED.
NO EVIDENCE YET PRODUCED.
Proceedings Before The Magistrate -- The Prisoner Declined To Return.
[By Telegraph To The Tribute.]
Quebec, June 3. -- Police Magistrate Chauvean at opening of court this morning found himself in the presence of a strong gathering of the bar and spectators. Mr. Pelletier stated that he was present to represent the Crown, called upon Mr. Davidson, Q. C., who represented the Second National Bank, to state what proceedings it was proposed to take against John C. Eno. Mr. Davidson replied that the counsel had yesterday declared he was prepared to conduct any investigation that was ordered, and the responsibility so assumed was one which he (Mr. Davidson) did not propose to have shifted to his shoulders, more especially as his own legal opinions were in direct opposition to the examination being held here. He was ignorant of the causes which had led to the enforced transference of the prisoner from the High Constable of Montreal to a local officer and also of the scope and extent of the inquiry which it was proposed to hold. Under the circumstances it was not for him to make any declaration as to what proceedings should be adopted. Mr. Pelletier then asked for a remand until tomorrow.
Mr. Irvin, for the defense, objected and moved Mr. Eno's discharge. Mr. Davidson said the prisoner was enjoying the luxury of apartments at a hotel, and an adjournment was not likely to cause him much personal suffering. The police magistrate said he considered he had the right to institute an investigation here, but was not prepared to stay whether he would ultimately decide the case or send it to Montreal. He granted a remand.
Last night Advocate Curran started for Montreal in behalf of Mr. Eno, to examine Fahey's affidavit upon which the warrant was issued under which Mr. Eno was detained. The police magistrate declined let him see it, on which Mr. Curran communicated with the associate council here, and received instructions to make application before the Queen's Bench now sitting there. In an interview with the Deputy United States Marshal today, Mr. Eno again declined return voluntarily to New York.
The Telegraph this evening says: "It seems clear that the warrant never contemplated the rest of Mr. Eno at all, for his name nowhere appears in it, it being, on the contrary, for the rest of Hinckley, Bowton, Marshal and others unknown. The offense charged is that of bringing stolen money into Canada, but no guilty knowledge all the prisoner's part is alleged. Further, no particular part of Canada is specified, and as jurisdiction of magistrate is limited to the Province of Quebec, it was essential to show that the particular point of Canada was within this province. It is whispered that there was no intention whatever are going to Montreal, but that the prisoner would have been quietly landed at Sorel or some other port and whisked off to the United States. A correspondent of some papers says: 'What I want to know is what ought to be done to Bissonette and Fahey for having arrested illegally Eno on a British vessel in Canadian waters all for the purpose of [illegible]?' They did it for an American firm of policemen, while Destoyer [?], who granted the warrant, acted without much attention or care. Father Ducey is well-known to the people of the cove, and we are at a loss to know if he was insulted by having his trunk searched."
TALK IN NEW YORK ABOUT ENO AND DUCEY.
Return Of Amos F. Eno -- The Bank Taking Action To Recover The Lost Money.
Amos F. Eno returned yesterday from Quebec, where he had been to visit his brother. He refused say anything about his brother's affairs except that he found him in excellent health. From another member of the family the following particulars were obtained: "John C. Eno left New York on Thursday week and arrived in Montreal on Friday. There he remained a week instead of proceeding to Quebec and thence to England, as he might easily have done. He made no attempt at disguising himself and even wore the same suit of clothes he left this city in. He was arrested on the boat under the supposition that he was Hinckley, but when on being searched a pocket-book bearing in large silver letters the name 'John C. Eno' was found, the detective it once let him go, afterward, however, telegraphed to New York and obtaining the authority from Superintendent Walling to rearrest him. The charge of being in possession of stolen money, however, did not hold good, and it is believed by all his friends he will not the extradited."
Father Ducey was not at his rectory when a Tribune reporter called yesterday, but Father Tole, one of the assistant priests, was seen. He said: "I am positive the Father Ducey is not in the city. We've received this morning a dispatch from Montreal from him upon parochial business. As to when we expect him to return you will excuse me from venturing an opinion." Father Tole further said did it had been proved impossible for Father Ducey to have left New York with John C. Eno. The latter undoubtedly left the city on Thursday week, while Father Ducey had been seen by his assistant priests until the Monday afternoon following Eno's flight.
For the last few days it has been suspected by those interested in the affairs of the Second National Bank that steps would shortly be taken to recover from various brokers a portion at any rate of the bank's money used by John C. Eno in his speculations in Wall Street. Yesterday it was learned the papers had been prepared in suits by the bank against Dyett & Co. and Goffe & Randle to recover the money. The lawyers acting for the bank are Butler, Stillman & Hubbard. A member of the firm said: "A summons has been served upon Messrs. Dyett and Goffe & Randall, but of the exact nature of the complaint I cannot inform you. It was probably a hint of this suit which gave rise to the rumor that further arrests in the case were expected. As far as I know no efforts are being made or will be made to arrest anyone but John C. Eno. The whole matter, however, is in the hands of Mr. Hubbard, who drew up all the papers, and until his return from Quebec I shall not be fully acquainted with the details of the case." It was said that suit against Dyett & Co. is brought to recovery, approaching $2,000,000. Many of the checks are said to have been signed "John C. Eno, president." The suite against Goffe & Randall is for a smaller amount.
Bank Examiner Scriba, two or three brokers who acted for John C. Eno, and a cashier of the Second National Bank were summoned into the District-Attorney's office yesterday. The books of the bank were examined and facts were obtained which, it is said, may be presented to the Grand Jury. If any indictment could be found, Assistant District-Attorney Allen said, it would probably be for forgery in the third degree. There is no probability that Mr. Eno could be extradited on any such charge, as the treaty is construed in Great Burden in accordance with a decision of Justice Cockbrun and the associate judges in May, 1865; they held that offense charged must be such as would bring it within the definition of the offense in the English court. In that case Charles Windsor, a clerk of the Mercantile Bank, had made false entries in the bank books to conceal an embezzlement, but as the making the false entries did not come within the English definition of forgery, Windsor was not extradited.
New York Tribune, June 4, 1884, p. 1
The proceedings against Eno yesterday showed in superfluous detail that no case can be made out against him for the commission of an extraditable offense. It is quite possible, though it does not seem absolutely certain, that he could be convicted of a low degree of forgery if he had not run away; but it is much more evident that he cannot be brought back. Part of the testimony yesterday was devoted to showing that Eno had omitted in some cases to make the entries which he would have made if he had been an honest and accurate book-keeper. But even the New York statute does not go the length of saying that a man shall be held to have committed forgery on the strength not only of what he writes but of what he does not write.
The New York Times, June 22, 1884 p. 4
In commenting upon Eno's case, the Evening Post points out that an offense, in order to be extraditable, must be the offense understood by the name given to it in the treaty in both of the countries which are parties to the treaty and not in one only. There is no doubt that the offense charged against Eno is not forgery in England, and that an indictment against him for forgery would not lie in England. The Post, however, seems to assume the Eno has committed what may be described as "American forgery," and that is not the case either. He is only committed New York forgery. Many American decisions go the length of the English doctrine, quoted by the Post, that "telling a lie does not become a forgery because it is reduced to writing." In Massachusetts it has been held "that the mere false statement or implication of effect, not having reference to the person by whom the instrument is executed, will not constitute a crime." The cookery of accounts to cover in an embezzlement is forgery by the statute of New York only, and, of course, it is even more preposterous to maintain the extradition treaty must be construed by the statute of one State than if such a construction were general in this country
The New York Times, June 12,1884, p. 4
The decision of Judge Caron, of Quebec, in the Eno case is a surprise to no one who has watched the proceedings or become familiar with the law governing the matter. The recent precedent made by Judge Brown in the Tully case would have been conclusive had there been no others on which the decision could rest. The substance of Judge Caron's judgment was that, while he could not concern himself with what the laws of New York made forgery, and must consider the law as defined by English and American authorities and applicable to the treaty provisions, he was unable to find in the evidence presented sufficient proof of the guilt of Eno, even under the law of New York. Mr. Eno, therefore, regain his liberty, with the proud consciousness that it is due to the neglected his Government and that of Great Britain to provide for the mutual surrender of such offenders as he. We trust that his lawyers enjoyed the "champagne lunch" which he provided for them, and felt at home in the society of a man of his distinguished and well-known virtue.
The New York Times, July 14,1884, p. 4
ANOTHER RUMOR ABOUT JOHN C. ENO.
Again It Is Said That He Will Shortly Return Here.
The report again got into print yesterday that John C. Eno, the former president of the Second National Bank, who speculated with and lost nearly $4,000,000 of its funds, was to return to this city soon. The rumor was said to be based on information from Montreal, and also from local sources. Eno was able to flee to Canada on account of the carelessness of the detectives who had been set to watch his house. His father, Amos R. Eno, and other directors of the bank made good the amount stolen.
Eno's friends have anticipated his coming by efforts to make his path here as little unpleasant as possible. District Attorney Nicoll said yesterday that no living person had spoken to him about what course he would pursue with regard to Eno should he return to this city. Mr. Nicoll knew nothing of any intention of Eno to come back to New York. If the fugitive did return, Mr. Nicoll said, he would prosecute him if the evidence in the case warranted the hope of a conviction.
Eno, being a fugitive from the State, cannot plead the statute of limitations.
New York Tribune, New York, NY, Feb. 1, 1893, p. 1
AMOS R. ENO'S LIFE ENDED
His Great Sacrifices.
... In 1881 John Chester Eno, son of Mr. Eno, was made President of the Second National Bank. The result was a most tragic chapter in the history of Amos R. Eno's life. In May, 1884, it was discovered that the funds of the bank had been used by its President to supply the means for private speculation, and that the institution could no longer meet its obligations. A run on the bank followed at once. Through the intense mental suffering which naturally followed news so heartbreaking to a man of Mr. Eno's high sense of honor, one thought never lost its hold on him -- the bank must not fail. At the time a panic was imminent, and money was extremely hard to get. Nevertheless the doors of the bank were never closed, every depositor was paid in full, although to do it, cost Mr. Eno between three and four million dollars. The credit of the institution was saved at a time when its loss might have been final blow of the wavering commercial stability of the city. Mr. Eno never recovered from the shock of these events and of those which followed as their natural consequence. ...
The New York Times, Feb. 22, 1898, p. 1
JOHN C. ENO'S BAIL
A Motion for Dismissal in the Old Bank Case.
A motion was made before Judge Newburger, in part I of the Court of General Sessions, yesterday, to dismiss the bail of John C. Eno, ex-president of the Second National Bank, who defaulted for $3,000,000 of the bank' money and fled to Canada.
Twelve indictments were found against Eno on June 11, 1884. He came back from Canada on Feb. 1, 1893, after his father had made good the loss to the bank. Eno was admitted to bail in $10,000. Benjamin Knower of 113 Duane Street and J. Hicks Bloodgood of 6 West Fortieth Street furnished the bond.
The application for dismissal of the bail was made by Deputy Assistant District Attorney Schwartzkopf on the grounds that the defendant has displayed no desire to evade the jurisdiction of the court since his admission to bail. Mr. Schwartzkopf presented a letter from the officials of the Second National Bank, in which they stated they would be satisfied with such disposition of the case as the Court might see fit to make.
Judge Newburger talk the matter under advisement.
The New York Times, June 23,1899, p. 14
As President of Second National Bank in 1884 He Appropriated $4,000,000 of its Funds
Sought Refuge in Canada
Fought Extradition for Nine Years and Then Returned -- Indictment Quashed -- Father Saved Bank
John Chester Eno, formerly president of the Second National Bank in this city, and the son of Amos R. Eno, who was known as "the merchant prince," died after short illness at his home, . . .
. . . John C. Eno gained notoriety in 1884 when it was discovered that he had appropriated to his own uses nearly $4,000,000 of the funds of the Second National Bank. A few years previously his father, who said to have been worth $20,000,000, made him President of the bank though he was then in his early thirties. In the Spring of 1884 the younger Eno suffered heavy losses in the stock market and used the bank's money to cover himself. When the news of his defalcations came out he fled to Canada and successfully fought extradition there.
United States Senator Elihu Root was the Federal District Attorney at the time. Father Ducey of St. Leo's Roman Catholic Church went with Eno to Canada.
Amos R. Eno saved the Second National Bank by depositing in it $3,500,000 worth of securities and $1,000,000 in cash. Its survived a run of the day and a half, but Eno's defalcation, coming as it did all the heels of the failures of Grant & Wad and the Marine Bank, helped to create a panic in Wall Street.
John C. Eno lived in Canada for nine years after his flight and engaged successfully in business. He returned to New York in 1893 stocksurrendered to the Federal authorities. He was admitted to $20,000 bail upon which he remained at liberty until the indictment against him was quashed. Nothing resulted from several other indictments against him in the State Courts.
Amos R. Eno died in 1908 [sic], and his son inherited a large part of his fortune. John C. Eno had not been active in business, however, since his return to America . . .
The New York Times, March 1, 1914, p. 16
J.C. ENO LEFT ONLY DEBTS.
Administrator Asks for Transfer Tax Exemption.
John C. Eno, son of Amos R. Eno, who died on Feb. 28, 1914, left debts which far exceeded his assets, according to an affidavit filed yesterday in the Surrogate's Court by William Leon Graves, the administrator, on an application to have the estate declared exempt from a transfer tax.
In his affidavit Mr. Graves said that Mr. Eno left a lot of worthless mining tock, collectible claims totaling $12,000, and debts exceeding $60.000. William Nelson Cromwell has a judgment against the estate for $57,765, and Walter Phelps Dodge has a claim for $7,700. The assets of the estate are approximately $8,500.
Eno, who was the former President of the Second National Bank, misappropriated $4,000,000 of the funds of the institution in 1884 and fled to Canada. His father deposited $3,500,000 in securities and $1,000,000 in cast to save the bank. The son remained in Canada for nine years, came back, and the indictment against him was quashed.
The New York Times, June 9, 1916, p. 13
ENO, John Chester: financier, was born in New York city, January 22, 1848, son of Amos Richards and Lucy Jane (Phelps) Eno and a descendant of James Eno, a Huguenot, who came from London, England, in 1646 and settled at Windsor, Conn., where he married Mary Bidwell. From them the line is through their son James and Abigail Bissell; David and Mary Gillette; Captain Jonathan and Mary Hart; and Salmon and Polly Richards, grandparents of John Chester Eno. His father was a New York merchant, financier and philanthropist. Eno prepared for College at Phillips Academy, Andover, and was graduated A.B. at Yale in 1869. In his senior year his classmates voted him the wooden spoon as the most popular member of his class. After graduation he spent several years of the banking house Morton, Bliss & Co. in New York, and in 1873-74 traveled abroad. He was elected president of the Second National Bank of New York in 1879, but resigned in May 1880 [sic] and went to Quebec, Canada, where he became interested in the building and financing of Canadian railways. He was instrumental in completing the constructions of the Quebec and Lake St. John and Canadian Northern railways between Quebec and Montreal and succeeded in attracting American capital to Quebec. In 1893 he returned to New York and during the later years of his life spent much of his time abroad. A delightful raconteur, he was a man of rare personal charm and broad culture. He was married in New York city, Nov. 23, 1875, to Harriet Andrews, daughter Charles H. Christmas, of Brooklyn, N.Y., and had three daughters: Florence Christmas, wife of William Leon Graves; Mary Pinchot, wife of Hokan Bjornstrom Steffanson, and Antoinette Wood Eno. He died in New York city, Feb. 28, 1914.
Volume 23, page 416