The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-02-22


given not to pay tho money Clarke then said 1t
was "us" who had given the notice; Clarke repre-.
On ssse nment and claimed represent both; wit.
ness told him that he (ClS might have given no
bad been given by Rennouii also; Clarke then said
he had assignment from both; witness looked at IT,
and saw that IL had been sgnsd in the firm name by
one hand witness Thought that the first question
asked Clarke Was when the assign msnt maize, be
fore or after the dissolstion Clarke answered unhe
sitaingly that 1t was after; witness then rcmsrked
upon its invadity; Clarke then into q long
PLANTATION, and ended by saying that the as,g
made before the dissoiution witness the ask.
him by whom it made and he replied that it was
made by Harris In the Of the firm witness asked
him if MIR Renpouil had consented to it; Clarke
replisd hat At that time he (RsnnouiD bad
rented, further tsid that party had po
TO assen the partnership ELECTS without the
| taken; witness asked him how Mr. KennouiI had
given notice not to pay the money; witness told him
sigpment, and that he would ike to sasty MIR BEN
nett that that amount was due and more particularly
receive said that u1 baa 20
to II by coming TO his (Ciarke's) Office along with Mr.
Dc Forest tor that purpose witness remarked that
he (witness) might be personally satisfied With what
Clarke lad told him tmeanng his own stat-mentD yet
as he had another party to satisfy also he wished to
ehoy that BE had acted with sufficient caution the
matter and that he lClarke) would oblige him very
| to the assis nmsnt himself. or, If Ae would rsul
aietter to Witness stating that he had nted to
the as.gDme Mt and to the payment Of the money
bring him to WITNESSES eflce, or in any other
that would satisfy witness and Mr. Beunett when he
(witnsss) came to me nton the thing hum that both
parties were agreed that the money should DO paid
Mr. Clarke. that be (witness should be- perfectly vii
ling that the money should bs paid ovsr when witness
fad that he wished to have Mr. Rennouil's signature
Clarke began to laugh; said that that could not be
dsno as Rsnnouil had gone to France wit.ess then
tod him that he must satisfy him that he had full
authority from Rennouil individual to colls et
the money otherwise he (wtness would not advise it
to be pad; witness thought that Clarke then went
away, promising to return with affidavit that he
had express authority from Rsnnoui apart and sepa-
rate from the partnership ,sigpment; witness told
him II be would make affidavit those facts he would
direct the money to be paid Clarke had lefs for the
purpose as witness prstumed OF drawing the eli.
dsvts winners next saw nim in the library below.
when he (Clarke) saio to him that he had been
looking for him with the affdsvts, whsh he hoped
would be satisfactory, and would the mcney to
be paid. THE afidavirs were here produced The
frht affidavit satssctory related to the Dor.
formsnce OF the work done at the Herald Buildings,
tory to the authority paying the money; il oor
tanned merely statement that Harris had made an
,h TO C.AIks with ,9t sa5ng anything about
him that he bad beer already Of the fact stated
in the affidavit and that what be wanted the au-
thority OF MT Rennsu he having given notice not to
pay the money to Harris, to any else; Clarke
| took back the affidavit, and said he would make
farther affidavit Of that fact Clarke then went
away, and was away some considerable time he
then returned, with addition to it. in the following
terms: And deponent further saith that he has autho
ry from Rem OF the said firm OF Harr Rem nouSl
to collect the debts and to settle the affairs toe said
partnership" witness then told him he
|
then went with him to the Herald office, and asked
the bookkeeper to pay $780, the bookkeepsr without
saying Q word counted out the money, and wit.
| ness HANDED 1t to Clarke Harris was In the of.
| flee at the time, but witness did not know where
! he had joined them witness took a receipt and
the bookkeeper took one aso witness asked Harris
sign the receipt also; in ell the egotistons on the
matter he (witness) had had NO interview whatever
| with Mir. Bennett; he had not asked Mr. Bennett q
single question upon the subject; indeed he (witnes
was not aware that Mr Bennett knew that tho money
Tau been paid; the money had been paid on his
a. ho lad ira haca
hc believed the statement Of Clarke that Rennou
had gore to France, and that he had given him full
grounds the money paid; the payment was m .de
on the Of June; the next time wtness heard of
| the matter was from Mr. Rennoui himself day or
| two after; Mr. Rennouil came to witnesses office
and s.ked him If he had paid the money due from the
Herald Office to tie firm OF Harris Repnoail the
suit Of the interview was that he took MIR to
Mr. Carkes office for tie purpose of getting expa-
nation; witness found Clarke in his Office ~ Beekmau
street. and told him that there seemed to him some
thing wrong about the rausaction but said he hal no
doubt that he lClarke could plaia it, and make IT
satsfactory to Mr. Rennouil and to witness he wit
ness) further said he thought due to Mr. Clarke
to give him On opportunity to wipe away from wit
ness) mind any bad Impression respecting the state.
little fnssse in obtaining the money witness, saw
that that was all the explanation which Clarke
rendered, be (witnes; fo,s and left Mr.. Reunoul
either come away with him, soon after; Mr. Rem
h6l;i came to I'm but he would not have ny
do with either Of them he positively declined to in
the matter witness had had do the pro-
ceedings at the police office; had been = wit ness had
taken part, except giving his evidence and being
cross questioned by Mr.. Clarke From the time that
the money paid to Clarke down to the complaint
before the pelice Office, had had no interview with
Bennett. Witness might have seen him. but lie had
not mention anything to him about law quits He
never asked him any questions respecting them He
dealt with them to the best Of his udgme MT without
consulting him In any way whatever.
The WITNESS underwent long cross examination
His Honor said that the Witness If he examined
for five years, could not be driven from the testimony
he had given on the previous day, and therefore, he
bs HoDor appealed to the counses of the
Atty of brevity The case had already occupied great
deal of the public time; he had written all the morn.
ing with great patience but finding that hey had net
advanced and that WAS the thing he had given
up writing.
MT GALBRArH was asked to give the particulars Of
what Mr. Clarke alleged to have done and said re-
.pecting bis having used little Jinssse in obtaining
The wIrsrss said he had assumed airs; had looked
big QaughterO and seemed Ito assume an attitude Of
HIS Hoson-He looked knowing and cunning
Uaughter)
The WITNESS replied In the affirmative.
Here plaintiffs counsel made SOFAS remarks in an
under tone Of voice. His Honor stopped the Witness
and told him not to answer such question, that it
was impairment and ungentlsmanly.
Plaintiffs COUNSEL ksd he protested against his
Honor being the judge of his manners.
His HoreR said he had constitutional right to be
so, when gentemanly courteey was dsregarded, and
when the grounds OF propriey and good breeding
bounds
Plaintiffs CovNsrL.--Then they must be governed
HIS HoSoR said 1t was very painful to him to indulge
in such animadversons IL not bis habit do so
Plaintiff. CoussrL said It was more painful to him.
FREpERIcK RENHouIL, examined-He raid he was .
native of France and had resided ii IL years
United States.
By the CoURr.--Hs business that of house car.
penter had been In partnership with Samuel Harris;
witness had told him that he wished to dissolve by the
fret Of May, and that he wanted to have the books
posted by book keeper; It the 10th Of April,
l848 that he had expressed his wish to Harris their
would be out on the LIST Of May Harris ssd there
need Of book keeper but witness insisted upon
having one to see how the affairs of the firm stood at
that time the work at the Herald office was but half
done when witness insisted to have the books posted
Harris consented he Harris, objected to Mr. Hawks;
the books were removed to CIsrks office before they
were posted, where 1t was agreed that witness and
Hawks should both examine them Hawks asked to see
balance Sheet Clarke said there 1t In good plain
writings Hawks looked at 1t, and asked Clarke II he
called that balance sheet; Clarke said It was and
Hawks said it was not; Clarke asked why, Hawks