Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-06-20


for the time being Tor safe keeping and for no other
purpose. No other person besides witness was au-
thorzed to dispose Of the property All that the wit
ness received of the 1000 bags of coffee, left in charge
of Smith Il Town, was 700. The TOO bags were
brought TO winess' store in March following In Feb
ruary witness called at Smith q Towns store and
told them he contemplated shipping the coffee-they
made no objection to IT bat SAID they thoughthe mar
ket here was likely TO improve witness became un-
easy about the defendants in March, and he called
upon them. Mr.. Theodore d. Parker being in town
at that time from Boston, and interested ia the cof
fee procured the storage receipts from Smith " Town
and gave them TO witness. The receipts were OBJ
tanned previous to the time witness became uneasy.
Messrs. >. O. L. called upen witness tor the purpose
of borrowing money TO their payments. AT this
time they assured witness that the property was all
in their store; they continued this assurance down
TO the middle Of March. Mr. Smith gave this assu-
rance on the time he particularly referred to, and that
Mr.. Town, other occasions, had also said that it
was all safely stored
Cross Ex-The names of the partners of the firm
of Thomas Wilson e. Co. are Gabriel Shaw, Melville
Wilson ard Fletcher Wilson. Thomas Wilson, by
whose name the firm is still known, died about three
years ago. The goods were owned by Theodore ID.
Parker; those in the Lysia, coming in his own
sci, no freight was charged. Witness is perfectly
sure that his Instructions to Smith & Town uponre-
ceving the coffee was that they were to receive up
on storage and not as factors or agents.
The Court here suggested whether under this state
of fact, the indictment could be sastained.l
Mr.. Hall SAID if the defendants shielded them
selves under the cover of warehousemen, the trans
action egregous fraud, to say the least of 1t.
Mr.. Graham.-We are prepared TO battle oat this
indictment, hand to hand tits therefore useless to
apply i'll names.
The Court directed the witness to proceed.
Odd you ever tell the defendants not to sell
without orders7
Al told them not TO sell without my orders.
do not think ever gave this direction before TO them.
Odd you ever know that any of this coffee had
been sold
Al never had the least idea OF it. except small
quantity of damaged coffee
Q.-Do you mean to say that Thomas Wilson e.
Co. owned the property in the Admiral and Lysla
Al mean to say that Wilson q Go had a lien
upon it until the amount Of the drafts they had paid
should be refunded.
Witness also proved that it was the usual mode OF
the compliments to take liens upon shipments made
under similar circumstances. He had he said, lien
pledge upon al the coffee, and yet would not al
low it to be sold. They (defendants) must pay the
whole amount claimed before witness would have
consented TO their selling it. No property or money
was given to witness by defendants after their failure
Charles w. Fellows, sworn.-Was clerk to Mr..
Gosln in 1886 and 7. Had conversation with Mr.
Smith, Of the defendants, on the 4h of April, on
the subject of the coffee spoken of.
Mr. David Graham, sen. objected to the proceeding
of the witness. He commended that after the strong
nmation of the court il was improper for the public
prosecutor to bring in suspicious and scandals and
surmises, with view, not of Influencing the verdict
Of the Jury for that could net be given against his eli
ent if the suggestion of the court was regarded The
whole object Of the testimony of this witness was TO
cast injurious imputation upon the character Of
The defendants out of doors through the PRESS IT could
nave effect on the jury, as it was not relevant to
the matter at issue.
Mr.. Whiting stated, that unless the prosecution
Showed more than they had now, they could not
bring the defendants within the statute.
The witness was then withdrawn.
Theodore ID. Parker, sworn.-ls the person alluded
% in the foregoing testimony; is the owner Of the
brig Admiral. Witness was here in January, 1876
proved letter and papers enclosed in hand writing of
Smith q Town. The coffee was in the store of de-
endants when witness came in town; witness called
lpon Mr. Town in January, and stated to him that
Mr.. Gosln was little uncomfortable abeut the cef-
lee, and wished storage receipt for II. Mr. Town
said "very we'll" and promised TO send il to him in
lay or two Does not know from any conversation
with defendants, upon what conditions the coffee was
deposited with them; witness owned the property as
10 the profit or loss upon il.
The farther examination of witnesses was interrupt
ID by the argument Of counsel.
Mr.. Graham for the defendants argued that the
'th section Of the statute under which this Indictment
lad been found, only made factors and agents liable
whereas supported in proof that the defendants
n this case merely acted storage warehouse men,
ind were only liable, Unable AT all, to an indictment
lnder the 9th section.
Mr.. Hall conteaded that the parties complained of
lced IN the capacity Of factors agents; and that If
FOODS had been entrusted to their care and they had
oid them previous to receiving orders to dc %, and
had converted the proceeds to their own private use
Is he expected prove, they within the pale of
he statute ~ a[
The District Attorney said he did not think the in
1ictment could be sustained. The associate prese-
cutor, however, expressed different views--and the
case was adjourned till this morning.
New CoyFEE RocM.--Ncghbour Patterson has
come cut in great style with splendid little Coffee
Room the corner OF Nassau aud Ann streets, in the