Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-06-22

N h JAMIE uOhDON BENNETT -
| DEAR SIR:--Can you inform one Of your ccns'an!
readers when the IL cared club boat is coming OUT
that is talked about 30 much BY everybody. She's
10 be called the Novelty, believe BY answering
this through the columns Of your paper you VIII
We cannot. If any one else can and will we shall
feel obliged to them TO do SO.
CouRr OF GENERAL SESSIONS June 2l.-Case Of
Smith & To,on, continued.-Theedore D. Parkerre-
for three or four years; they received goods OF his
chiefly coffee, and sold them Tor him, IN June, 1880,
they rendered him an account, making hlm IN ther
debt s37 600. On the first of August 1884, they rem
dered balance against him OF Wy fVo. Inc accouh.
of the sales Of the Admiral and Lysla were sent TO
witness at Boston, and Immediately upon their re,
ceipt witness enclosed them in envelope, directed
to Mr. Gssler; the reason he did 80 was because ne
thought he had nothing to do with the cargo ana
was much surprised TO find they had sent the &C,
count Of sales TO him. witness became embarrassed
about the 25th of March that year. and made an as
sQnment; there was no other security gwen by Ihos.
Wilson Il Co. than by the letter OF credit when ex-
pressed that the coffee was to come here consigned 10
| them.
The slip in Court, containing the memoranda of the
Wilhemlna- Dorothea, and Admiral and Lysla, was
brought into the counting room of Mr.. Gesler by
John S. Smith, Jr., for what purpose witness cannot
tell, but he presumed to make enquiries respecting
their cargoes on the 18th of March, 1897, Messrs.
Smith q Town told witness that the coffee that was
put in their hands by Mr. Gosler the cargo Of the Ad-
mra and Lysa, was in their store at that time, with
the exception of 20 bags, which they had sold; he sta
ted to them that Mr.. Goser was uncomfortable about
the Coffee and wished TO know whether il was IN the
sore witness said that he had no apprehensons that
it not all in the stere but that Mr. Goser wished
TO be satisfied of the facts this led the declaration
of Smith d Town that it was all there except 20
bags witness never gave Smith q Town any authe-
rity to sell or part with that coffee.
The defendants counsel offered to prove by this
he IF q nm tho brlo Admin MI.
the witness, however, stated that only three of the
drafts, exhibited in Court, amounting TO S90OO had
any relation to that transactions the others related to
business Of an entirely diaerent nature.
Quincy Smith, sworn. On the 9th orS6th of April,
Gosler called at ths store of Smith Town. and in
quired for the principals of the firm. Witness went
with him TO the counting house of Smith q TOWN.
Mr. Gosler remarked to them that he had heard Of
| the failure of Smith q Town. He asked respecting
the coffee they had of him, and observed, suppose
they are al sold or nearly Sc" Mr. Smith stated
there was balance which he would deliver to MIR.
Gesler on account of private Indebtedness between
Mr.. Goser and the firm of Smith q Town, and that
he considered the property the property Of Theodore
| d. Parker. Smith then spoke of the authority to
sell; Mr.. Goslsr admitted distinctly in presence of
witness that they had authority to SELL but that they
were obliged 10 account 10 the house of I. Wilson q
Co. for the proceeds Soon after he left the counting
house. Mr.. Smith observed that Mr.. Parker was
heavily indebted TO the firm; aad that he had passed
the coffee TO in consequence OF this ndebt
i
fee the property of Theodore ID. Parker. Witness
is brother Of one of the defendants, and lawyer by
profession. Mr. Gosler. at the interview spoken of
asked for the account OF sales OF the coffee, how 1t
had been disposed Of and what had become of II; 10
which Mr. Smith replied that he was advised by
| counsel not TO inform him.
John c. Town. sworn.-Is a brother of one of the
defendants, and has been clerk for the house of Smith
Town four or five years; the firm OF Smith d
Town agreed TO receive the cargoes OF the Admiral
and Lysia on precisely the same terms they had
previous cagees; the freight on the cargo of the Ly
STA was paid by defendants; L. M. Holman sold the
damaged coffee; the coffee by these vessels
Piled and given to brokers in the usual ways the trans
action went into the books precisely in the way
that other sales had been entered in the month of
January 1897 Mr. Gosler came to the store Of defen
dants and after some conversation other subjects
| he strongly and strenuousy urged the sale Of this
| coffee; the words were" Sell sell-it is my wish
yon should solthe coffee market instead of getting
better will get worse-there cannot be better time
| 10 SELL" Mr.. Town, who was the only partner pre-
sent at the time, concurred in the suggestion OF Mr.
Gosler, and remarked that II was proper time TO
| SELL Mr.. Town remarked that Mr.. Parker preferred
that the cargo Of the Lysla should be pushed of in
preference to the other, il the Lysa's) Of in
| ferior quality; Mr.. Gosler sad-"By no means-sell
the cargees-its my desire; there was no further
conversation that time; the defendants continued
TO make payments down TO the lst of April; when
Mr.. Gosler clerk Fellows, called about the coffee,
what had become Of il; Mr. Smith replied that part
oft was sold and some was IN store; he could not
| tell how much, the accounts had not been written
up; NJ that time the balance Of the coffee had not been
turned QUIT Mr.. Smith told Mr.. Fellows at the time
the balance of the cstfee turned out-"Tell Mr..
| Gosler that we hand this coffee TO him on his
| individual account M we do not know the firm oil
Thomas Wilson q Co. in this transactions" witness
then read from the invoice and sales book the entry
Of sale OF part Of the Lysias cargo amounting TO
s370324 il was sent to Antwerp in the brig Oscar;
| the entry does not state 10 whom the lot was sold;
the aggregate amount OF sales OF the Lysia's cargo
was s2l, 1882; the nett proceeds were $50 Al
/ the freight and charges make the balance.
The District Attorney would not say any thing by
| way Of summing up.
! The Recorder charged against Smith d Town.
The Jury acquitted them.
| PoLIcE, June 2l.-Mdkipg The most Of orpor.
fuaity-Last night, a little before IL o'clock, Mr.
Denis Bena an Irish gentleman, having INDUCED
himself with glass or two too much, stepped into