The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-21

~, O-i1OSfS n.
The plaintiff the publisher Of the Sun newspaper and
discounts notes for fradesmen for bonus The defendant
is Industrious hard orkng man. who obsins his sub
sisence by refining precious metals and collecting from
the shops OF the workers in gold and silver what usual
~ called "swespnss.that is the filings smithing dust
swept carefully by and being smelted down. the PARTICLES
Of the precious metal become separated from the dross
IKE OF the IN h. s
period amounted to per annum and he had
acquired comfortable subsistence until he fell into
the hands of certain persons who by the aid Of not
scrupulous lawyers reduced him to beggary, and
obliged him his business until it barely
supports him. In the prosecution Of his business he
fortunately became acquainted with the plaintiff in the
character of money lender and the 5th ul, this
having made affidavit "that he believed the defendent
was renewing his property out Of the jurisdiction Of the
tent defraud his creditors" he at the time being ineb
ed to him the said plaintiff in the Of about $1,000. for
tain % Of Exchange ON Es in to
he consigned sold said sweepngs and these bs Beach
having asceraned were good and would be met at mau
bills would have reached their destination, Beach obtain
ed. by confession Of judgment on the bond
curity for such bills of exchange which have not been
returned dshonored had the defendant doubt but
The plaintiff relied principally upon the evidence of
man named Edward c. Corwin who it appears mas also
been dabbler in the brokerage Office Of the "sun -
This Corwin had been sort OF go-between, and the
amount Of his testimony that he had endorsed the bills
Of exchange drawn by Warwick and SOLD to Beach-that
w
that he in the regular habit of shipping the stuff to
Sheffield England. The bills sold the last Of Sep
@ S1 o.
nonpaymcntbut he did say that Beach had told
him that he each) had heard that they dshonored
He further testified that three weeks ago hewas in the
shop Of Warwick, where he five barrels Of sweep
ngs and told that they to be shipped to Eng
land order that should the bills have dishonored
Beach had said they might be sold and applied to meet
the protest-but he did not say that the sweepngs"
to be given to Beach. From the testimony Of the same
wi tins mi mt hat ased
lands in Connecticut, from Warwick and paid part Of
the consideration money down. but the bargain not being
subsge TX throw Sp the
and get the advance reundedbut in vain Warwick had
business and having parted with the land at great sacr
ce he was unwilling to go into the shaving shop again.
and raise at loss the money advanced This was the
secret OF the present prosecution Warwick being poor
and not ovcrsocked with whathe world calls bu
sncss habits the plaintiff thought that by pouucing
him through warrant out of the Superior Court he
would terrfy the poor radesman and bring him humbly
to his feet on any terms or If he could not bend him. he
his credit that although the land trade might not be res
cnded ne would at least have the satisfaction of knowing
that he had made the trade loss to his unfortunate Gre
ditor
The counsel for Beach mainly relied the fact that
the judgment was.a valid one-that Warwick showed
pcry which had been shipped by the Wellington tho
10th ns after the service Of the warrant OF the court
parole agreement between Beach and warwick that the
barrels Of sweeEngs shipped BY the Wellington were to
be delivered to Beach.
The Counsel replied that there neither verbal
written agreement, but ii understood Mr. Beach was
kind and having lent his money he depended the
honesty Of the borrower to do the thing that right
The defence thought to shield themselves behind the pop
uar prejudice which existed against Mr. Beach. but he
could tell the people apd the Judge that his employer
honest and much better than many who traduced
his fair character The counsel launching into very
extended panegyrc Of his clients noble qualities and the
Of the popular prejudice against him but Judge Van
derpoe stayed the eloquent gentleman He said he would
not be occupied by such matter and that he only knew
Beach man who had sworn to affidavit charging
another with intent to defaud his creditors He
he Judge did not that the counsel had adduced any
testimony to imreach the intentions Of the defendant
handng the Sllw ell ac to the counsel he begged him
the warrant had been obtained, and not be launching
asray into foreign waters )This plussed the
sell who said he would leave the in the hands Of the
Judge
The Judge replied that he did that the defendant
had departed from the usual routine Of his business He
had been accustomed for years ship the sweepngs to
England, aud he had nndoubted right to do He
0he Judge could not anything like fraud the part
of the defendant but he would retain the papers OF both
counsel and having read them over, he would lay the
before his colleagues ut their next meeting and then
discuss the entire matter and give decision Tuesday
next at which time the defendant notified to attend
not being required to enter into bond for his appearance
as is usual.
The for the defence was very ably conducted by
Edward Clark Esq. w. c. Maggie appeared counsel
for the plaintiff