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

NtneeB went again 10 HATTIE, DeuoSc0, on
Wednesday ME- Hawkes. told witness that Clarke had
an Assignment; witXsss asked him to sxplsn what an
assign mt meant, he did explain It: witness then
vent to Mr. De Forest; witness had never he rd OF
such an Instrument IN assignment Hawkes. was the
nrst person who had told him thing about IL; Har
RE had had various opportunities Of seeing witness,
and had him, but he had not mentioned one
WORD TO him st-ut al Rssignment; witness had never
contsnttd to any assignment; had ben IN the
habit Of seeing every day Tor four weeks before
4hesn oney was paid, had HIM Two three days
before II wac paid; WAS ut Clarke's efioe with ME-
Dc forest oue no asHsnmene WAS SReksn OF wi.Asss
hud obt ctea, in tbs presence Il Mr. De Forest, TO
Clarke; had RAID that he did Lot want that CLARKE
shoso have hing to do with the Adsirs OF the rm
and witness teQu..ted Mr. De Forest TO explain that
to Cla ks Mr. De Forest told Clarke that ali ho It
nesf) wanted. To pay The creditors Clarke told
Mr De Forest that that could no. bs dons (~it.
ness) could collect tbs debts, al that converse
tim took place two or three days before the money
PAID witness had never told auy BODY that he
going France when Clarke had ected to let him
TIE books he (wtness) gave notice to Mr. Bennett
to pay; had taken witpes with him to MIR. Bsn-
ns,ts office, lie had requested Mr.. Bennett to be kind
enough not to pay witness, or Harris or Clarke,
upul The II alters were settled; witness went to Mr.
b, he felt that be about to be robbsd
Mr. bennett said he would not pay the money; wit
called again upon Mir Bennett. co ask HIM If the
he had gwen was sufficient, and whether he
would req lure Written notice. Mr. Ben nett said that
the office which had been already gwen would do;
witness had not authorized Clarke TO bring suit
sga,pss Nh. Bennett, or any body ese had never
Withdrawn The notice he had given to MIR Bennett
MOTIF pay; had never given any authority to Clarke
collect the debts Of the firm; when and Mr.
De Forest were IT Clarke office be Carke) said look at
that man, (meanipg the wltners) he was full Of
picioA against HIM (CisIke); having heard from
Of The creditors that be had received pa, Of his
claim out OF money which had been paid by the He
raid no went TO Mr Bennett who referred him TO Mr.
GaibrAith; witness went to MIR Galbrath's office; he
did not know nm not having seen him before; wit.
ness said 10 him he understood that he Lad paid the
money to Clarke and be- asked him what right he had
to pay it, Mr. Gslbrath replied that he One witness
bad tiven him that right witness replied that he
had not Mr GalbraiLh repeated that witness had
done 30, and rho ed him the assig nme MT witness
said he hsd not consented to any assignments MIR.
GsibIaiih then tod with that he (xtness) had gi
suthority to Clarke to commence a suit against
MIR, Bennett, witness ta'd he had not aud that he
would that he had not give him any such au.
thority; MIR Gabraith the said that witness and he
had better go and see Clarke; they did 60; Mr. Gal.
brah asked Clarke II witness had given HIM authority
to coll.c the tebs and settle the affairs of the brm;
Clarke said yes he bad authorized him receive the
money; witness told him he liar this the wit
sion Of his ceuStenauce showed how indignant felt
at what he cent ideIed the mendacity of CarkeI Mr.
ClS Ike then ssd TO Mr. Gabrath that he did lot care
fig; they then lett Clsrkes Office witness after wards
made complaint at the police office; from the time
that he had gwen notice 70 Mr Bennett pay the
money down to the complaint before the police ofioe
he had had commu nicaIiop whatever with Mr. Ben
nett upon the subject nv had hi the street,
but hao Dot spoken to him This wit underwent
lengthy examination, but his evidence not
shake u in any particular.
ALFHEs + BAKER was next exsmi ned In June last
he the reporter for the Herald his was
police repoiting his duty report the transsc.
ons at the police Office; had prepared report Of the
proceedings 1T the police tce btfor Justice Lothrop
and took 1t down TO The Office had written out the
port and then cent it TO the printers the reports
were sometimes supervired by MIR Hudsoh when they
were that duty was performed by that the
report in QuertIoD had not to his (witneess) know
ledge bee supervised; Mr. Bennett had had know.
lcge Of it, was an accurate report Of the proceed
ingr, 20 far as II went.
The learned counsel a. ksd this vii ness whether any
thing favorable TO the plaintiff had been omitted;
which question was objected to.
The witness raid he had feeling in the matter
either way The report had been prepared in the Or
binary way In the discharge Of his duty
C,oss eraminsd.-Wss now the reporter for tie lie.
raid
Henry HAWKES. was the next witness. He said
his occupation at present collector OF debts He
accounts Of the arm Of Harris Rsnuoui; Clarke had
refused to let him the books after he had agreed TO
doto; be had produ GEO some accounts wich did not
embrace the whole of the business the balances
up to June 1896 witness had told Clarke that 1t was
in posebe to Into the until the books had
been settled up thoroughly; Clarke said that he osud
not attend to the matter then and made another
cuse; had never hearo that MIR Renneui go ng to
France; had never heard word about Il; the 29th Of
art April was the frat time he had seen Clarke;
he knew that his general character was very bad.
Cross tramined.-Bad never been arrested; had
heard that complaint Of perjury preferred
against him by Clarke witness went forward OF his
own accord to meet It. and bad waited timc with
his ccun,e for that purpose but MIR Clarke had not
deemed 1t tit to make his appearance witness had no
III fee,ifg or ~ imOrity whatever against Clarke.
Several wit n.sses were called for the plaintiff wio
tpoke to his character
SAMUEL HARRIS was the next witness He said that
be had been of the firm of Harris Rennouil that
Rennoul had told him several times that he tended
to to after that lie twitnee went round
to Mr.. c., and told him that he afraid tnst Rem
noui had notion Of going to France, and that he
CHE vitness) would be called upon 10 pay the credi-
tori; he said that 1t with the counsel OF Rennou
that Mr. Clarke had been appointed assignee that he
had assented to the asa to Clarke and that 1t
was with his tRennouil t) authority that the money
had b. en- paid TO Clarke.
This witEe,s was under examination for near
ly three hours.
The witness giving opinions instead Of evidence,
when
be not the counsel
PlArNrrr's Cousssl said that the opposite counsel
was acting worse than he
The DEFENDANTS COUNSEL rejoined, that that was
i'm ossibe.
The plaintiffs counsel having again objected to the
course pursued by DEFENDANTS counsel in cross-ex-
apinng this winners, as TO the assignment,
The CoUET raid tn at the witness had strong bias;
that he inclined to bolster up and sustain his act
by which he had Invested his Of tho cor troll OF
all be bad earth and that THERETO 1t the pro-
Of the opposite side to examine him to show that
the was not 30 fair as he rspre'euted 1t
far to inquire II the plaintiff and the witness had
obtained money from Mr.. Bennett by having had re-
false txpedis ns. AID whether they had
cocted scheme by which Rennouis control over his
earnings had been taken awsy That went to the
vital part Of the action It, therefore, ruled that the
QuestoR wss admissible
The defendants council was proceeding with the
exc mi nation when the plsiptids cosnse made
another objeotion. which ovsrruled by the Court
The plaintiff COUNSEL then said that the defend
ants CONNIE 81 the mort impairment man that had
ned witness. 1t was more like Scrub race
So said the defendants CouSsrL was every race In
which the plaintiffs counsel vas engaged There
some animals Who never moved but in one way.
The CouRr teid 1t would make rule which It would
enforce viz that counsel, when they addressed the
Court sbould rise. Ii did not know whether the
mark Of plaintiffs counsel applied to the Court net
but 1t was nest improper. such scenes were unbs.
coming the ocossoD and the time
Gross eaominaOa resumed Plaintiffs COUNSEL again