The Sun.
London, England, 1862-08-30 00:00:00

ALLEGED CONSPIRACY AND FRAUD

BY hiAIVaIIESTER MERCHANTS,

GRNTNDT AND OTHERS V. BEARENS AND OTHERS.
LIVERPOOL, THURSDAY.
On the conclusion of Mr. Sergeant Shee's speech
the following witnesses were examined :
Mr. Louis Behrens was then examined by Mr.
Pope. He said—l am a member of the firm of
Jacob Behrens and Co., and a brother of the three
defendants. We have been in business about 29

years, in Bradford and in Manchester, as commis-
sion agents and merchants to different parts of the
world. We have transactions to the amount of

£400,000 a year ; and in grey goods about half
that sum. I have been concerned for 22 years in
the Manchester department. I know the firm of

Messrs. Dalton. Before December, 1860, I had
done business with them in printed goods. I first

purchased grey goods from them on the 6th Decem-
ber, 1860. The quantity was 1000 pieces, 34-in.
14 by 16, at 8s ; 500 pieces of the same width, 14
by 14, at 78. 6d. ; and 800 pieces, 26-in. 14 by 13,
at 7s. 3d. My second contract was entered into
on the 13th December, 1860, for 300 pieces 34-in.

14 by 14, at 7s. 6d. ; 2000 pieces 34-in. 14 by 16,
at Bs. ; 3000 pieces 34-in. 17 by 12, at 7s. ; and 700
pieces 36-in. 16 by 16, at 10s. A third contract in
January was entered into by my brother Rudolph.
The next contract was made by me, Feb. 5, for
2000 pieces 26-in. 58 yards, 14 by 13, at 7s. ; 2000
pieces 36-in. 16 by 16, 50 yards, at 9s. 6d. ; and
1000 pieces 26-in. 14 by 14, 58 yards, at 7s. 3d.
The last contract I made with Messrs. Dalton was
entered into on the sth March, 1861, for 1 000

pieces 36-in. 14 by 15, 50 yds., at Is. 3d.; and 1,000
30-in. 16 by 16, 50 yds., at Bs. 9d. These four con-
tracts comprise the whole of the transactions which
I had myself with the Daltons in grey cloth. That
is exclusive of the one with Rudolph. On 6th Dec.

Mr. Heap came to our warehouse, and told me that
he had some goods to dispose of. I went to his

place, and he showed me some printed goods,
which were not in my department, and I passed
them over. My brother Edward managed the

print department. Mr. Heap asked me to buy some
grey goods. I asked him his reason for selling the
grey goods. He told me that he had such a large
lot of printed goods in stock which he could not

dispose of that he was desirous of selling his grey
goods. I know that the print trade was unusually
depressed at that time, and I went down in the cellar
with him to look at the grey goods. I know that
printers of respectability and credit sell their grey
goods occasionally. Messrs. Dalton are persons who
buy cloth and engage printers to print for them at
so much per piece, furnishing them with patterns
and sometimes the rollers. I requested him to send
me samples of the cloth which he showed me at the
time. He did so; and I then purchased the goods
comprised in the first contract. Part of them I saw
on the premises when I purchased them. He told
me that he had goods on contract. He did not
particularly mention what the goods were. He
did not produce a memorandum book in which con-
tracts were entered. He never gave me the names
of the persons, and the prices for which he had con-
tracted for these goods. I dare say he may have
asked me 3d. a piece more than I gave. The con-
tract on the 13th of December was made exactly
on the same as prices I paid on the 6th of Decem-
ber. I produced a memorandum book the entry in
which was made at the time I made the contract.
It is the same book which was scrutinised in
London by Mr. Boyill. Refreshing my memory by
this book, I recollect that he asked for the 14 by
12, the price of 7s. 6d., and afterwards reduced the
price to 7s. 3d. He asked 10s. for 16 by 16, which
I agreed to give him. The figures of 7s. 6d, and
10s. in the book were written by Mr. Heap. That
is the only memorandum book I ever had before me
in which any penciling was going on. I was never
told by Mr. Heap that any of the goods belonged
to Messrs iVharmby and Co., nor the price he paid
for them. I never mentioned to him the name from
whom he might get 34-in., 14 by 14. I never men-
tioned the name of Grundy, Kay, and Co., of the
particular sort of goods he might get from them.
He never showed me Grundy, Key, and Co.'s invoice.
His Lordship—When you mentioned particular
kinds of goods, did you say Grundy, Kay, and Co.
had got them ?
Witness—Decidedly not. I left England on Jan.
12, 1861, and returned on Feb. 22, and I had not
made any bargain about the goods afterwards en-
tered in the contract on Jan. 17. I was not present
at any interview between Heap end my brother
Edward. My brother Edward never said in Heap's
presence that he had been asking as to his solvency.
I never said it was no business of his, and that I
should buy in the best and cheapest market. I
said nothing at all to that effect. At such an inter-
view as this Heap gave me no paper as to any con-
tracts he had made. I do not remember anything
particular that took place about the contract of Feb.
5. On March 5 I did not know whose goods I was
purchasing. I did not recognise them as James
Kay and Co.'s goods. He did not tell me the price
he had given. I did not say he had paid too much.
I was a good customer to James Kay and Co. at the
time. I was continually making purchases from
them,
on and
Feb inquiring the prices of goods. I was
there I saw Mr. M'Cartney. I was in
the habit of looking at the various samples which
.28 ;
wereparticular
don the counter. I did not single out any
isample ; but I might have picked out one
l
or two. MY attention was particularly attracted
by 26-in. 14
I by
Messrs, y
13, which he offered me at 6s. 9d.,
and which
bought a few weeks before, at
Is. from Aes
IDalton. This attracted my atten-
26is
tion, and I asked M`Cartney to send me a sample
piece, which he afterwards did. So depressed was
the market that the goods went down from week to
I saw the 36 in. at Messrs. Dalton's
decidedlyl eek When
did not know them to bo the same as
I had seen at James Kay and Co.'s. I was conti-
nually buying the same cloth, with a pick less, with
34 in. from James Kay and Co. The 36 -in. cloth
was not all adapted to my purposes. The 36-in.
was fit for printing, and I wanted cloth for bleach-
ing. I never at any time knew where Mr. Heap
got his cloth, or what prices he paid, nor were
they paid for by my instructions. Since 1847,
from my experience, the Manchester market was
never so depressed as from December, 1860, to
March, 1861. Discounts were very high, and there
were failures in the trade. About the 11th of De-
cember a gicat many Greek houses failed; the
China, India, and American markets were par-
ticularly depressed. Goods and:yarns, and printing
.at
cloths more particularly were depressed. That
continued continued through the month of December. pis"