The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-27
NEW YORK FRIDAY MORNING. OCTOBER 81, lS43.
United state. Court-In Bankruptcy.

| United states COurt-In Bankruptcy.
Der. 26-In the matter Of Latan and Redmond, hank
rptsThe opposing creditors offered in evidence their
books Of the bankrups to sustain their objections to the
discharge, when an objection by the bankrupts was
made that the books voluminous and that nothing
could be given in evidence but what specifically sub
mtted the commissioner and copied into his report Of
the evidence The commissioner having recelv the
books and marked them the counsel OF the bankrupts
brought the matter before Judge Belts where was
gued The counsel OF the creditors insisted that the ORR
gnal books the best evidence of the acts OF the
bankrupts, and that they could not be excluded That
the act Of Congress required summary hearing and
if copies were required of merchants books would
ready TO refer to the pages and accounts they reed on
all the books and papers had been called for to
the creditors TO select what they held important The
Judge then laid down rule and sent the case back TO the
commissioner where the creditors produced number oil
accounts and balances taken from the books, lists OF bills
payable and accounts current all which
he had copied ont OF the books OF Laffan Redmond al
the true dates and these the creditors insisted const
tuted compliance with the Judges rule, and put the
bankrups their guard to what part OF the books
were relied on but the commissioner rejected them all
The counsel for the creditors insisted that the original
books the only legal evidence but that the extracts
were sufficient compliance with the rule to indicate
what use was to be made of the books and the resc
ton by the commissioner, application made to Judge
Belts to the decision, and not TO send back the
case but to rule that the creditors had right to the og
nal books and under obligation to do more than
indicate to SURPRISE the parts they relied on
His Honor after considering the case, delivered yeser
day the following opinion, which Is important as settling
the views of the Court as to the manner in which the
books OF party may be used as evidence:-
Edmund LaHan aud William Redmond, cur.-A
question raised under the order OF the Court OF 10Th in
sne page 3o) whether certain exhibits giving the
result the examination OF the books OF the bankrupts
by MIR Ward bOokkeper, and sworn to by him. can be
received in evidence and if to what extent. The
first proposed the decision Of the com
missioner reectng papers evidence, but in the
of the discussion the Counsel offering
the exhibits evidence OF the contents OF the books and
insists he only produced them as indexes or data by
which reference could be had to the particu
lars sought Tor the books II is clear fem the report
of the that he did not understand the offer
in this sepsethe objection to their admissbility before
him beng they were not sworn copies or transcripts
the books but only statements derived by the witness
from Them and that objection was sustained by the com
missioner he ruling under the previous order OF the
Court the original accounts were not thus properly au
thenticated Ipercelvo no error in that decision The
rule of evidence admitting sworn copy oil document
in evidence in place of the original goes upon the
sumption that the copy exhibits exactly the contents Of
the original and no more-(2 Starke lS9 Bar AL Ev
and party be allowed TO offer what the wit.
considers the substance and effect OF the original
equivalent to transcript exact copy. The former
der Of Court had in view to regulate the method OF
putting in evidence the forty volumes OF account books
to burhen the with useless costa and cum
bersome matter and therefore directed that the special
contents required evidence should be designated by the
commissioner and if objected to, that he should pass
upon the question oits admissbity would have been
clearly within the spirit of the decision to receive qworn
copies ohe entries from book in place othe particular
tem we'll the entire account with any individual or
under any particular head of entry The party calling
for the proof need bring more than he deems mpor
taht, the other party having opportunity to correct
with it any explanatory matter to be drawn from the
same source. In instances the witness
| seems to swear to an exact copy in presenting
an exhibit In most cases. however he qualities his
timony by aging they statements giving the effect OF
the accounts truly other language to that import He
does not appear to have made clear dstinconn his
mind between copy and statement representing the
effect the original That has probably led
most the confusion and want OF perspicuity in his
evidence the subject The counsel for the creditors
offer any of the exhibits evidence the hearing,
which he claims proved to be transcripts or true
the commissioner to look into the proofs again. The
Court i'll dispose OF the point upon the evidence as II is
presented The other exhibits not so authenticated can
not be received evidence OF the contents OF the books
and to that extent the decision Oft counsel is affirmed
But think the creditors entitled to offer in evidence
statements proof sheets prepared by an expert, and
reason upon expositions Of the accounts in
the books the accounts themselves being the facts pr
| mary evidence. This is usual and very convenient
bookkeeper or expert frequently adduced to testify
to the bearog and effect OF entries and indeed courts or
juries could not be expected TO comprehend the
tile transactions of an involved and extensive character
without such aid. 1t would be received on trial in the
face of the Court and think no less admissible
animation out Court Tor the purpose OF gvsg point ana
sgni6cancy the entries offered in evidence. The exhi
bits then when not offered confessed copies Of entries
the books may BIZ sed as summaries Of those entries
and for the purpose OF demonstrating their results or
BEARINGS and the notes ofreterence OF the
witness subjoned 10 the exhibits will not prevent the
body being received the entry II sworn to be true
copy, do such explanatory observations in any way
the papers beng received balance sheets test
statements exposition Of the entries am, there
lore OF opiaon the commission decided correctly in
rejecting as evidence of the entries the books all exh
bits to be true copies OF those entries but that
axing to copy notes Of connection reference
explanation, by the witness wo.d not destroy the cha
racter Of the copy to the body OF it. am further OF
opinion hot it is competent to the creditors 10 prove by
bokkeper by OF statements proof sheets other
the effects and result Of any entries in the bankrus
bosks which the subject Of examination, and that
exhibits comprehending such preofare admissible in ev
dence But it is necessary to give effect to that species
proof that the particular or entries should be
distinctly and separately in evidence The exhibits can.
be received establishing the fact that such entries
neither be this 90 back the
commissioner upon this decision the counsel for the
ditors must judge for themselves The exhibits, except
where proved copies Of the
counts will not be by the court as proofs Of the
entities in the books: but the original books may be
erred to on the argument to verify the exhibits, unless
the entries mutarous and dispersed 10 render
the examination onerous and leading to confusion. In
such case the party must be prepared with proper tran
Motion to override decision of the Commissioners de-
| MED.
As the opinion susains the views of the creditors al
though rejects the notion the creditors will 20 to trial
the evidence OF the book and use their transcripts
| indicated by the Judge.
| A motion was submitted In the for the APP
ponment Of special assignee act for the creditors in
place of the general assignee. The motion founded
on petition on behalf of creditors to the
000 and upw ards stating that the assets Of TIE bank
upts scattered through the States Of South Carolina
and Georgia. and required much more attention than
public officer could oestow to bring the estate to clos,
| withou. great sacrifice The bankrupts offer otjec
lion, and as the only parties interested the creditors
the general assignee OF course would not be employ
against their opinion OF their interest," The
assignee named by the creditors is among the most
speCtaDe gentlemen Oh ample
ry. The papers submitted to the Court for its
| ton.
The trial the first merits Of the will take place
| i'm ediaely.
DIP Hall and B. F. Hunt of South Carolina, for credit
ors; Mr. Bonnie and Mr. Bliss Tor bsnkrupts.
Circuit Court.
Before Judge Kent.
Der 26T Thomas james Us. Nelson Beee her and Robert
Fsnton-The Court occupied the entire day IN the
summing up of the evidence both sides. The Jury
"A ned n mr.