The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-05-04
A Card.


Having been arrested Thursday evening last the
affidavit Of James T. Rodgers, Of the firm OF Siamm and
Rogers and Jno. g. George on the charge Of obtaining
certain coal contract under false pretences &c. &c.,
and incorrect and distorted statements OF those charges
having appeared in the city newspapers Calculated II.
ure my character man of business nnd rectitude,
think proper to make the following brief statements Of
facts -
full hearing was had before the Recorder the com.
panans appearing with their COUNSEL on the next day
after my arrest and the evidence presented, was
discharged from arrest. and the complaint dismissed
ampton Bank Of Pennsy to sell for them
mission several cagoes of Lehgh GOAL which business
have transacted, believe to their satisfaction.
From the connection with the Bank learnt that it in.
tended to forward large amount Of coal to this market
during the present which coal they were to
ceve from the Lehigh Company for balance OF monies
due by that Company to the Bank.
The substance Of the contract between the Lehigh
Company and the Bank that the former would sell
the Bank 80 900 tons of COAL delivered at Mauch Chunk
during the shipping season of ls4s the BANKS paying
delivered and also passing their credit the
books Of the Bank the amount Of 81 per ton and also the
tolls on the Lehgh Canal To get the COAL then to thi:
city would require advance OF 81 40 each ton of
COAL for the cash to be paid the Lehgh Company and
for the tolls and freight
dent made negotiation with Slamm and Rogers Of No.
Wall street, and John g. George, by which the Bank
that they would snip the coal to Their parties ties
the freight and tolls Bristol and allowing Rogers and
George commission to be afterwards fixed upon for sell
ing the coa-Rogers and George agreeing to hand over
the proceeds Of sales to the Bank until September ls
giving their scceptances to the Bank for $50 OOo falling
due in various sums in March, April May, june July and
August.
On the ID of March last made contract with slamm
& Rogers to sell this coal on commission o. it arrived
and on an assignment Of the coal contract and deposit
of $4,000 OF the bills of the bank which they guarsn.
teed should be at par on the LIST day OF May procure
had reason to think otherwise, as had not seen the
contract that it absolute and unconditional
gagemen from the Lehigh Co.. to deliver 10000 tons of
coal at Bristol and New York. without any qualification
payments whatever.
and no false assumptions Of wealth. They knew my stu
alton, and business exactly They knew that it
was to others must look to carry out the contract they
had entered into with me.
On finding that the had made with Rogers on
the ID March, could not be executed by them entered
into another contract with Slamm Rogers and John G.
George on the 10Th April by which they agreed to
ceve ooOe; and the geement for the deposit of
rites by them was omitted.
The period for the execution of this contract expired
on the 18th April but was verbally kept alive by con-
sent OF parties from day to day. until the goth of April
when ! called upon Mr. George with my parties, who
assured them willing to deliver the goods
money forthwith if suitable security were furnished for
the delivery Of the coal Between the executionIof the
second contract and the 26th of April my
satisfaction that the bank had failed and made an assign
men and was probably in state of irretrevable embar
rassment.
also ascertained from authentic that there
several unsatsfed judgments and notes against
James T Rogers, which made it undesirable to place
large amount of goods money absolutely in his posses
sion without some other security than this conditional
Lehgh contract as creditors bills had been filed against
him, upon which nothing could be obtained.
Under these facts, informed Messrs Rogers George
that the goods las the fac had teen purchased but
that from the failure of the bank who had agreed pay
the 81 ton to the Lehgh Company and the tolls and
should give collateral security that the coal should
be paid for and forwarded this city, that the greater
part OF the had agreed to procure should be de-
posted in bank here to be drawn upon to the costs
and expenses Of forw arding the coal to this market
also offered MIR. Rogers Co. ifthey would take the
goods and for themor any loss that might be incur
red from their purchase would cancel my agreement
with them and surrender the contract Of the Lehgh Co.
lelwith me by the terms Of my contract with them
The fact Of the purchase OF the goods and my full chilli
ty to comply with contract provided cou be made
safe for to have delivered the goods money be
fully subsanated by the evidence OF those merchants
who had sold the goods and by several others prvy to
my whole negotiations.
The allegation that obtained possession improperly Of
the Lehigh contract is dsproved by the full receipt
gave Rogers and George.
The papers were neither nterlined mutated in
any way by me-.
On my refusal to surrender the Lehgh contract to
red they refusing being unable to give the security
demanded instituted criminal proceedings against
which terminated in my honorable discharge by the Re-
corder.
On the foregoing statement which is strictly true, and
which can corroborae by unimpeachabe afh 'avits
rectude which have been ruthiessy assailed. The
suffering caused to myself and my rienas by these
founded charges spread they have in distorted
and exaggerated shape before this community can he
fully appreciated by all The object Of assalants
doubtedly compel to surrender the contract in
declared they had from other parties since my contract
was entered into. EDWARD F. HOWARD.
0z- CRUELTY TO ANIMALs-A dav or tuo since