The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-09-06

SSrr. 4-The examination OF this case was resumed
John II. Hicks, Of the firm of HicksS Co.. examined.
Q-Were there not reolsDstons onthe -four consigned
through you by Suydam. Sage DO! A--There ere;
they were paid by g. g. & Co; do not know Why the
come oton between our house and that OF B. g. Co.
was broken eli; am not aware that it was. Q-Are
you or your firm creditors of Suydam Sage & Co.. A.
ByMr Judah-Q.- -0f whom aid the firm of Say dam
Sage Co. consist, when you first did business with
them, Al think the same as the present; don't
think Mr. Ferdinsnd suydam, sen was then mem.
Der; I don't remember when Mr. Charles suydam went
ont of Inc brm; have not had any transaction with
Mr.. BODY foI between TIVE and three years past. O.
What Was the cause Of your ceasing TO do business
with him. A-As near as L can recoilect u was be-
canss he wanted 10 60 further than we wished he
wanted facilities than were willing to grant
Go yeu recoll.ct bill being offered TO yen by
Bo6y? A-nis bill was offered 70 us BY broker, bus
not by himself that wasa few weeks previous to the
failure Of s. s Co; Q.-pid you take that bin!
cause we did not wi.h the name Of Mr. Body con-
nected with our firm in that way. Q-For what
cause? A-Because 1t would be no advantage to
us. Q.-would you have considered it reputable
or diereputsbe to be connected with Mr. Body!
Winess-I would rather not answer that question; it
would b. disadvantage to any house to be connected
largely with Mr.. Body Q.-Was IL your for
fusine the bill ithat you thought it dsreputabes A.
1t was that we considered 1t disaavantsgeous won't
say dsrespectsble; did not wish to be connected
with Mr. Body for reasons stated before
BY defendants counsel ao:,Do you know the firm
with them they said to BE- respectable
Q.-Did not the firm Of Suydam, Sage Co, express
by you. A.-They expressed disappointment NOT
dissatisfaction Odd they not attribute them to
OF the az mot re-
made some eighteen months ago; 1t may have been
from to 900 to 10000 barrels Of -four they shipped
1t 81 O0O barrels OF flour and 900 bushels OF wheat!
Alt is possible; that the amount of wheat, I
think there might have been $4,000 barrels of -four,
but 1t Is more than 1 supposed.
By Mr. Judah.-Did they do business with you after
making the reclsmations A.-Yes. q lin whose
h. htvw I.p A III
ments were made In their own name; we have not been
offered any shipments by suydam, Sage & Co. which
defined.
Plaintiffs counsel offered to put In evidence notice
to the public from the house of Suydam, Sage Co.
relative to their failure. The notice a printed
card cut from the Journal Of Commerce of 2Sth August
last 1t objected to by the defence the ground
that 1t was not correct copy of the statement made
by suydam, Sage Ce but contained various inacu-
racies and typographical errors.
Mr. La Rogue said that they offer to furnish cor
rect copy and he requested Mr. Van Buren, to enter
his min utes that they did so.
Mr.. Van Buren, did not consider their offer part Of
the obi and he declined inserting 1t his notes
OF the examination.
The DEFENDANTS objected to go further with the ex.
animation until the Judge decided whether they
entitled to their offer being placed upon the records
The Judge was attending the Circuit Court and the
question reserved.
Mr.. Van Buren-wnl you admit that this card was
published in the Journal Of Comm,rcei
Counsel for Defence-We admit nothing We offer
to furnish a correct copy.
Mr. Van Buren-we want you to admit that you ar
1t, we are prepared to prove 1t.
Mr. La Roque-0h that will admit
Mr.. Van Buren, then wrote down the admission that
Mr. Clarke was arrested on the charge Of perjury after
Suydsm. Sage Co. had been held to bail for this in
vesgation but counsel for defence subsequently said
that Mr. Van Buren, had better prove his case; they
would admit nothing
Robert Ferguson, printer and assistant foreman In
the Office CT the Journal Of Commerce, sxamined-Pro
duces copy Of that paper dated 2sh August last the
statement signed by suydam, Sage 4 Co. pub
lished in tthe circulation Of the Journal Of Commerce
I In lieve IN ha batv for and tho.sa and
Has there been, since that statement published.
any contradiction OF correction Oft A.-Not that
am aware OF; htbere was. think should have It,
Cross-examined-Q-Who called on you to produce
that paper, and when Al don't know the gentle
mans name; he called at the office just now and
brought with him newspaper slip purporting to be
copy of that statement don't think there is any dit
ference between that and the produce, It sp-
peared to be cut from paper of the same date.
John Kitchipg examined-I reside in Brooklyn,
and am agent for two English houses, rather
house with branch London and the other in Lii
verpool; Allan Anderson of London, and Jas McIIen
ry OF Liverpoo knew the house OF suydsm saye& Co.
for good many years. have transacted business with
them Was about two years ago, which continued
through the past year 40 to the spring Of 800 ad-
side; received The shipping docume nts from suydam
Sage Co, In their name, and gave them check for
the meney, which agreed to advances I drew upon
the houses IN England to whom sent the goods; the
goods sent forward TO be sold tor the parties ship
ping; in the case Of suydam, Sage Co., they were
sent for their account and risk; have shipped for
Mr.. Body; he bryan TO ship with me, can
recolect in June am quite certain 1t was in June;
Sr., ", NV, was eooIs evov , 9, nour shppsd
know whether suy dam, Sage Co shipping! A
They net shipping through me; about that time
himself not shipping. Q-what directions aid
Mr. Body give you as TO the payment Of the advanced
consignment; when the shipping document came in, an
order always accompanied IL to pay the advance to
y, dam Sage Go at the time Mr. Sage said he was
Where was Mr. Body's Office at that time, Ave al
ways addressed him at suy dam. Sage a Co .; be-
li.Ve that that his ONCE generally transacted
business with him on change. at my own Office;
don't think had more than one letter from Mr.
from whore he dated his letters Q.-Eiave you seen
MIR Body transacting businets in the same building
with yosm, Sage Co., Al don't know what you
their counting house elias he transacted his own
business with you In the building with suydam SAGE
\ Co, Al think mot Q-DidMr Body keePa desk
at suydHm, Sage Co.'s Al suppose h. did,
always got replies notes In due course the ship
mens made ter Mr. Body were In the name Of J. Body;
the second shipments were In July. think. and were
about 600 or 900 barrels; they we're made In the
same way the one 1 have stated: the shipments
continued through the month Of July. Q.-What
vas the quantity during that month Al can't
state fxhstly. think from Is 600 10 600 barrels
What vas the advance ON these shipments respect
ing the price Of the New York markets! Ave sup.
pOs@o were advancing at least two shilings margin
on eli occasions O. How did IL compare with the
market prices at the time tie advance made, A.
The fret parcels og -four we're fuperhns Canadian
-four; advanced four and three quarter dollars n
barrtl we underttood the marfet price 20 b Eve to
eve ard an eighth per barrel What was the pecu-
mary responsibility 81 John Body az that time I
rally koew ihins of 10. Q-What was Il considered
At that time ON Change. Any reply to that ques-
ton IT, that In my uansaotions with Dir. Body did
not consider him as responsible man. but did not
think IL was necessary booked TO the gods. Q.ro
whom would you have maze the largest advance ON
the same four suydam. sage 4 Co or Body, A.-To
suycam. Ssge Go. Q.-Mbat sh pmenis we're made By
Body In the month Of August A.-Rrom 1900 20
II 90 barrels through me GLOW much Of that,
n asy was shipped attor the failure Of suydsm,
sage Coz Al should think ten thonsan nd barrels
At least ana not able b. give the mark brand; my
impression that We have copies ~ the invoices IL
they sloS the marks you have them. Q.-Nas
the arrangement with Body after the failure the
az you have described with regard o. the other ship
ments A-The shipment oi the ten thou and bar
rsls poken ~ arranged for before the failure and
completed after arranged with Mr.. Body o. have the
guarantees ~ suydam tsge Co. against reeiama.
tnps; bad their guarantee on previous parcel "
about six thousand bar,ls Q--Why was that guar
antee taken Al asked the guarantee because
had advanced what considered very liberal amount
on the previous shipments aud before went further
N - l.AA 81 H. a H. a