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


readers when the IL cared club boat is coming out
that Is talked about 30 much BY everybody. She 10
to BE- called the Novelty, 1 believe. BY answering
this through the columns of your paper you will
oblige your friend, JOHN L..
We cannot. If any one else can and will we shall
feel obliged to them to do so.
Couar OF GENERAL SESSIONS, June 2l.-Case Of
Smith & Toaon, continued.-Theedore ID. Parker re-
called-Had an account current with the defendants
for three four years; they received goods OF ms,
chiefly coffee and sold them for him, in June, 1885,
4 they rendered him an account making HIM IN their
dered balance against him Of sss, roe The account
of the sales Of the Admiral and Lysla We're sent 10
witness at Boston, and Immediately upon their re-,
cept, witness enclosed them envelope, directed
to Mr.. Geser; the reason he did 80 was because ne
thought he had nothing to do with the cargo, and
was much surprised TO find they had seat the &C,
count Of sales to him. witness became embarrassed
about the 18th of March that year, and made an as
sgnment; there no other security gwen by mos.
Wilson Il Co. than by the letter Of credit, which ex-
pressed that the coffee was to come here consigned to
them.
The slip in Court, containing the memoranda of the
Wlhelmlna- Dorothea, and Admiral and Lysa, was
brought into the counting room of Mr.. Gosler by
John S. Smith, Jr. for what purpose witness cannot
tell but he presumed TO make enquiries respecting
their cargCes on the 18th Of March 1887 Messrs.
put in their hands by Mr. Goser, the cargo Of the Ad
mira and Lysa, in their store at that time, with
the exception Of 20 bags, which they had sold; ne sta
ted to them that Mr. Goser was uncomfortable about
the coffee and wished 10 know whether it was in the
store; witness said that he had no apprehenslons that
was not all in the stere but that Mr.. Gosler wished
to be satisfied of the facts this led to the declaration
of Smith d Town that It was all there except ~
bags; witness never gave Smith g. Town any authe-
| rity to sell or part with that coffee.
| The defendants counsel offered to prove by this
witness the payment of $4,000 on the brig Admiral;
the witness, however stated that only three of the
drafts, exhibited in Court, amounting TO $1,000 had
any relation to that transaction; the others related to
business of an entirely different nature.
Quincy Smith, sworn. On the 9th orX6th of April,
Gosler called at the 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 coffee they had of him. and observed, suppose
they are al! sold, or nearly ss." Mr.. Smith stated
there was balance which he would deliver to Mr..
Gesler on account of private Indebtedness between
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 to account TO the house of T. Wilson Il
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 his account in consequence of this ndebt
edness. Smith told Gosler that he had sold the cof-
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 il
had been disposed of and what had become of il; to
which Mr.. Smith replied that he was advised by
counsel not 10 inform him. e
John C. Town, sworn.-Is brother Of one of the
defendants and has been clerk for the house Of Smith
q Town four or five years; the firm of Smith a.
Town agreed to receive the cargoes Of the Admiral
| and Lysa on precisely the same terms as they had
previous cargees; the freight the cargo of the Ly
STA was paid by defendants; L. M. Hoffman sold the
"A he hvt
pied and given to brokers in the usual way; the trans
action went iato the books precisely in the way
that other sales had been entered; in the month Of
January, 1897 Mr. Goser came to the store Of defen
dants, and after some conversation other Subjects
he strongly and strenuously urged the sale of this
coffee; the words were" Sell, sell-it is my wish
yon should sollhe coffee market instead of getting
better will get worse-there cannot be better time
10 SELF Mr. Town, who was the only partner pre-
sent At the time concurred in the suggestion of Mr..
Gosler, and remarked that il was proper tims to
that the cargo Of the Lysia should be pushed of in
preference to the other, al it (the LyMas) was Of in
ferior quality; Mr.. Gosler said-"B no means-se
the cargees-its my desires" there was no further
TO make payments down to the lst of April; when
Mr.. Goslcrs 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
ups At that time the balance ofthe coffee had not been
turned OUT Mr.. Smith told Mr.. Fellows AT the time
the balance of the cstfee was turned out-"Tel Mr..
Gosler that we hand this coffee over to him on his
individual account AZ we do not know the firm OF
Thomas Wilson g. 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
&370324; il was sent to Antwerp in the brig Oscar;
the entry does not state TO whom the lot sold;
the aggregate amount of sales Of Lysia's cargo
was S2l, 29662; the nett proceeds were $40 76l A;
the freight and charges make the balance.
The Dssnc, Attorney would not say any thing by