The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-07-03


Barber requesting to give up the securities to bradley
consisting Of draft and certificate Of deposit in the
Phoni1 Bank did So there WAS also letter Of credit
Ellen schenoble being duly for defence, says
the B1oadway this city thu e
Place and Broadway have lately received papers
from Mr. Barton, at oxford; there was contract be-
tween Mr. bradley and MI Barton among those pa pers
which produce received that paper, the 10th
June instant believe the body Of it Is In the hand Of
Mr. p St. John; on the back Of 1t is transfer to Mr.
Barber in the handwriting Of Mr. Bradley, and signed
by him. The following Is copy of that contract and
endorsement -
OxroRD, October 16, 1850
G. Barton thinks that he purchase out i've Of the
directors OF the Oxford Bank and that with the Of
$40 600 or $1,000 together with what proxies he
obtain five other directors, such said Barton may
select be selected at stockholders meeting Barton
may pay high Sl25 per share, necessary for the
directors stock the balance of stock to be bought il
possible at ninety cents per dollar Said Barton to be
president with salary Of $500 and also To- be paid $500
for carrying out this negotiation also he may allow
George Hobart such compensation Barton may deem
expedent for Hobart's aid in the premises Unless the
matter accomplished Barton Is be paid for his
services When Barton sscertsns where he procure
proxies purchase stock and buy out the five directors
Franklin House. New York, where the funds to be
provided by him.
George Hobart sworn and examined for the defence
says He resides In Oxford, Massachusetts,, and cot
ton manufacturer; met Converse and Barber at the
Irving House. New York when in reply to inquiry he
told them the controlling interest Of the Oxford Bank
could be purchased for $4,000, aud il they furnished
him funds to that amount and allow him TO raise money
that stock, by pledsng and repledging, and then
buying more and the object might be attained
said he would charge $4,000 for his services in
the operation when that amount was objected to, and
the matter was broken Of after some negotiations
afterwards they agreed to give him the
CURED but finally backed out, and he said he would
not take lass then than $1,000 at length ne pre-,
ut $500, but agreement was come TO at that
time Bradley afterwards deposited $4,000 in B.rtons
few hundred dollars Of So 500 which included the
avas Of the check received BY it appeared from
had shown Barber recept $4,000 and Barton said
he had given such receipt; ut the time Of this con
versaton Barber was greatly excited at rst but after
being in private with Bradley he appeared calm
again and said he had got up the securities he under
that Bradley cried that OCCASION after making
the deposit Of $6OvU with Barton and returning to New
York Bradley RENTED $4,000 in securities them
in the purchase Of the Oxford Bank; the letter pro
October 30, at the New iork Post Office
New YORK, Oct 29th 1850
DEAR sm,-Enclosed please find my draft on Samuel
Waggoner for $1,000 Mr.. Wsggoner is President of the
Northern Bank of Mississippi elected the 4th of
July last the former president James Anderson, died
the last Of May the rst part OF June have written
authority from him this amount; also, cert
hcste Of deposte Of Phenix Of for $4,000 at
five months date also two Of sl5oO each, and one OF
$1,000 at four months date, Savings Bank Of Memphis
all Of which you at liberty TO use In making the
gotiation, you can do 30 to advantage IL not please
hold them for You understand In the event Of
any inquiry about an amount put up you can now state
respectable in cash drafts cercates Of dspostes
&c, say $4,000 peed make no further remarks You
take my meaning and trust to your good faith and
judgment to manage it accordingly OF course, you know
no one but me in this transaction a% yours truly
Barber to Worcester in the latter part Of Novem
ber he said he had know what about being
done witness said he did not know Barber in the matter
all he said the amount due him for advances besides
the $1,000 in Bartons hands 81 500 when they de-
handed the money and securities back myself and Bar
proposed charge 5000 commission but 1t last
consented to take 5000 which divided between US;
that taken out OF the $1,000; Barons receipt for
that amount was transferred BY Bradley to Barber and
Barton gave the latter check for 5000 the Oxford
Bank after this Barber said he would carry the bank
mstaer through on his own account; Col Weymouth
accompanied Barber to Worcester together with lady
whom Barber introduced as Mrs Barber, but did not
name her ~ his wife.
Cross examined The conversation about my agency
In purchasing the bank and my compensation for the
same was ia presence Of T. r. 81. John
The witness shown two letters on the same sheet
dated an postmarked at New York the 18th OF
October, 1850, directed to him at North Oxford, ard
sLed by bradley and Barber l received it in due
of mail, which was due there the next morning;
at IL O'Clock. The letters as follows
FRAsxLIS Horsr, N. Y, Oct. II, 1850
GEORGE HosART, Esq, NoRTH OXFORD, Mass
memorandum contract with s. barton, ESQ, relative
the Blk oxford II you will take hold ana help Mr..
Barton carry cut this matter, you shall be literally
warded
DEAR sra; Any ching you may proper to do in the
bradley, and my self will be duly appreciated and for
which you shall be literally compensated
Yours, very respectfully, H. BARBER.
ISL shall have nothing to do with any parties In
the matter.
Twas little surprised that the securities referred to
the letter of the 18Th October transcribed In this de-
position had been to instead Of Barton he being
the with whom the contract made; my
paper snsy wer. Written upon; replied that l. too,
thought they worthless; received letters from
barber but dd not answer them because was requested
not to answer them. by Bradley
The cross examination here closed.
The following the document often referred to in
the course Of The examination known rs Schedule c.
SCHEDULE Z.
Thos. s. Drew, bill Of exchange, june -, 1850 at
o.s,h M,.ms t oi s.eb.ns: NAV n lsSl
at months after date 1000
NJ. A. Bradley, draft Oct. %, 1850, ON samuel wsg-
ner, at months. 5000
Certitca.e Of d.posite. Phouix Bank, Cincinnati,
Sept 30 1850, months after date 5000
Certincaie OF drpcene, Savings Bank at Memphis,
sept ~, 1850 at months OBSERVATION-DISCLOSURES. 1000
Certincste OF dcpos,te, Savings Bank ut Memphis
Sept ~, 1850, at months. .,,,.",,,.,...., 1900
Certificate Of deposte, Savings Bank at Memphis
Sept. ~, 1850, at months 1000
s2io0o
Oct ~ 1851. q. months. 5000
benjamin Y. weJ mouth sworn-I am . broker; 4 re
side the city Of New York, at the Merchants Hotel in
street know Miles A. bradley defendant
present; also know Robert Barber, OF st. Louis;
hrst introduced TO Mr Bradley, at Worcester Mas
In October, 1850 by MIR WhtlemOre Treasurer Of the
state Of Michigan, this sh uld think ia the early
part Of October early the sth or 5th nothing toos
place between Mr bradley and myself at that time
touching The subject u this investigations 4 next met
kr bradley at the New England House, IN New York,
in the lzter part Of october beginning % November
lsjV; met mr Barber there at the time, In com
psny with Mr. Bradley ia the Of the latter who in
trouced me 70 him. TINS was just before Mr. B left tor
Cincinnati; bradley aud Barber talking togethcr
when went in apparently about the bank purcna,e;
Barber complained vi delay and said las wished have
IL carried through soOn possible, he said he
going PennsJ LAMA anu # the contract was not fu
il,a by the time be returned 70 New York he wanted
his money back, naming ~ 49, Barber lef and after
he gone Sfsoy exhibited TO letter VI credit Ia
his isyUT signed by Tor 5000 the substance OF
letter authority to Bradley Ina ne waited
any money Tor the purohase u the bans to draw
barber for - 80; he showed smother letter Vt
Barter =, the contents Of which do nVt remember.
a copy of n letter purportng 10 be irom barber TO
Bradley dated New ork Uct 40, 1870, and Of which
cUpy forth IN the examination VI Barber "a
h,re shown and he asked whether that ~
copy Of o the letters At the time referred TO-
lie ansVtrs he cannot cay that IL - an exact
copy but be thinks that j. The sense OF II.
don't recCsct that any other paper shown me at
th.t,t ne nanI a ms