Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-05-19

The "New York, Providence and Boston Co." com.
monty known as the Stonngton Rail Road Co. stock
sold at ~ per cent the same day. The last named
i stock ia generally known a. TIA Stoninatoa stock.
On the 18th, the Stonngton sold al 46-the Boston
and Providence sold as high as "a that day. The
Joys better credit than the Stonington stock. In JAY
following, he rate Of Boston was per cent above
par, and StsningtoR was 6lA. w
OLE there any irregslarty in keeping their stock
| books by the brokers2
A-There is. Some put down the lowest price and
some the highest. The book kept by the Board is
the only correct one. There is great similarity in
the names Of the two stocks. -,
Q-(By juror.)-If person calls at ysur once
for Boston and Previdence stock, would You sell
him Stoningtonf t -.
fA-No. We should give him the stock that had
no connection with Stoningten, unless ne made use
Q-How 10 yosr sales OF Providence ana Boston
stock entered on your book? n.UI 81 tle.
A-S.oangton. .a.H aa.lst -
Witness proceeded to state that the sales Of Sto-
nngten on the 10Th were 40 per cent
Mr.. Benner sworn-Had high opinion OF the
Boston and Providence company, and advised mr..
krzbe rger to invest in II. Never heard the stock
of similar name mentioned by any other name
than that of StonIngtoR. The brokers never talk
ed of Stonington; the memorandum could mpdrt
no other meaning than that of the Boston and Pro-
whence company, which was worth now 90. Mr..
Eftzberger was stranger to witnessJ should not
have advised HIM TO buy Stonington stock
VIVA. Stebbins testified that Mr.. Bonner called
upon him in April 1887, and enquired the price of
Boston and Providence; showed him raemoran-
dunn, on which was written, near as he could
think, Boston and Providence; sum was carried
out; and he thinks that the price OF 80 was set
down. Stonington was never known by any other
name. 81.
The prosecutions here rested for the present
For the defence-Charles Clark sworn-AIT. Foot
enquired what conversation took place between Mr..
Erfuh ovnn and rnaC
District attorney objected 10 the testimony unless
Mr. Allen was present.
Mr. Foot then told the witness, Clark, to stand
aside, and recalled Ertzberger to the stand.
Ertxberger testified that when he went back to
Mr.. Allen, he, witness, asked him what prospest
there was for the money; that he had resources in
Charleston, and he would avail himself of them;
upon which Mr. Allen said that the draft perfect
" good, and that it would be good Mr.. Allen ne.
yer referred him to any person whatever, to make
enquiries respecting tho value of the stock.
Mr.. Clark recalled TO testify. Was in Mr.. Aliens
Office when Erzberger came in he synpathzed
with Mr.. Erszberger for his case; told him he had no
doubt the concern was good;, told him 10 send his
draft back the stock book laid upon the counters Mr.
Alien and Mr.. Ertzbergcr went TO the book did not
hear what they said having heard Of the proposition,
witness told Mr.. E. that he was very sorry that he
had acceded 10 this proposition and that ne might
better have sent the draft back TO Charleston Fritz
berger said he satisfied and Mr.. Allen went out
10 get the certificate of the conpanys Office, and the
bank with il; Ertzberger took up the certificate,
and held it before his eyes if reading it made his
bow and retired.
Elijah CLARK, swern-Is clerk to Mr. Aliens was
in the office Of Mr. Allen when Mr.. Erzberger came
in; it was after 10 clock, 26th Of April; Erzberger
had protested draft and asked what was to be done
with il; Clark said he had better send it to Charles
ton; that the house there had notfailed and would
be paid Mr.. f. wished it to be settled here. About
that time, Mr. Allen came la and was informed Of what
had been said. Mr.. Allen and Mr. Errzbergsr went
into the back room; they took the stock book in with
them; they stad there fifteen minutes; when they
came back heard Mr. Allen say that he had Is shares,
and no more Of the Stoningten stock, which ne had
offered TO Mr.. Ertzberger; was sure he made of
the term Stonngton. Mr. Allen pointed ont various
sales in the book of Stonngton stock sorne al 40 and
50; said il was low then, but it would get up again
ssoR; if il sold that day it would not bring over
40 but had brought &c. and might bring that again
in a short time; The Stoningon stock was put down
upon that book by the name OF Providence and
Boston stock" Mr.. Allen referred Ertxberger to Mr..
Bernon and Hoyt for information in regard 10 the
stock; witness suggested to Mr. Allen that he had bet
ter refer him To Mr. Crary, the President of the Stc
plngton Co; to which Mr.. Allen replied, 0 yes, put
down Mr. Crary shame; which witness did, and gave,
il Mr.. Ertzberger he put down on piece of paper;
j. 8. Crazy President, and Stoningon and Providence
did not put any thing on the paper but the name OF
J. 8. Crazy, President and thinks he put on the
name Of the Stenington Company; did not put on
the paper any amount or price. .m
Henry f. Davis, testified that there 10 q case now
pending in the Court Of Common Pleas for the
the counsel Of Mr.. Ertzberger that if they could
produce the memorandum referred 10 as containing
an agreement for stock Of the Boston g. Providence
Co. he would pay the money and stop the suit
Jesse Hoyt (called by the prosecuter,) fesli6ed-
Was employed by Mr.. Ertzberqer 10 commence pro-
ceedngs against Mr.. Allen for the collection of draft
Mr. Allen proposed 10 give his note at 6 months for
the balance between 81, 200 and the amount of the
stock he had received and TO hold the latter ar cola
eral security for the payment Of the note This wit
ness advised Mr.. Erzberger to accede to- which the
latter refused to do After that witness filed bill in
chancery. In the mean time Mr. E., having applied
for redress the Police Office Mr.. Allen subseq uent-
ly refused to have any further negotiations about il;
| and both parties rcsorted 10 their legal rights
| Randall Smith swsrn-is acquainted with Mr..
Ertzberger he is what is called sportsman that
s, he bets his money; pays when he loses, and ex-
poets TO receive when he wins, every other honor
| able man would.
Q. (by Foote)-De you consider him gam
| ber7
| Al don't know what yau mean by gambler.
al mean man who plays cards and keeps a
1 faro table for a living. ras@
Al think he lives in that way but have never
aught said against his integrity or veracity.
@. by Monll-Do you consider man who spec
! uates in stocks gambler
4 Ayes, one Of the worst kind.
| The testimony here closed on both Sides and the
cause was summed up with great skill
The caurt delivered full and impartial charge,
and the jury retired 10 deliberateupon q verdict