The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-26
nsxs place 10 show, By reading a document or two,

next place 10 show, by reading a document or two
The meaning Of which cannot be mistaken, th.'
these our antagonists this day 10 this court
and it is on behalf OF these msn-on whom one OF
yeur boBors had OCCASION 10 make some obssrva'
tions-t is on their behalf that it is alleged that
M. Days covenant the fruits'and beneht OF Wh'ca
they have deprived him If, is still binding on MIN
These three mon, or three conecrns-the Newark
Company, the 0n6crdoulS Company, and sonebDiy
elss--bree persons who have hoped 20 hnd favor Ia
this court, perhaps generally personally iespsetaoe
beyoBd all doubt practised the groasest aud shah
Lowest fraud upon nlain and clear agreement that
ever established in court OF justice, and it is
10 that very FRAUD aud the results and consequences
OF t. that Mr. DAYS position from that ;iue il TO DO
ascribed In tho first plaee, sub nit that the YER
diet ON tho second nds this matter of fact: and
in the next place, the evidence SHOWS it. Take
Ford & Go for instance We have made referoace
TO witness by the name of Rgby, in the ioarth yo-
lumo of Defendants Evidence, page 259. which
your honoys wi fad puis il at rect for Ford s. Co.
What says that witness Hs says he was with th q
company from August, 1876, 20 March 1917, He
proves that he heard OF the agreement that along
me fall OF that year they would terminate their
labors that about the time when he first heard Of
that agreement, there was a great and sudden ia
crease of their force great Increase IN the hours ii
their labor, groat increase in the quantity Of the
shirred corrugated goods got ready to be mn 10
into snspenders; that orders I'll ut out
90 TO work with all fhcir forces, because 5hey mast
get done manufacturing by such q time that thoy
said they had got leave to shir what * they I'd
on hand, aud that was true, within certain limits;
but on that permission they proceeded to buy ia
large quantities OF new stock, and before the begin
ming of the year, twenty-five thirty thousand wards
Of new and raw material We're finished by them;
that they began to work exs IRA all at one: always
TIL midnight, often all night. Christmas returned,
and the daylight dawn Of the new yeur fell on thetr
Rnbaptzcd labors On the testimony Of this wit
ness, they worked secretly, and the maahinery
was in constant toll That is the testimony Of Rgby
concerning the performances Of Ford & Co., and it
Is supported by other witnesses class the evidence
80 as To include the witnesses who speak of the opc
ratisns of the Newark company. We cnllet seven
Witnesses asO--reierred to, by name and page upon
the book OF records-fye of whom in the eul
p|aymept Of this very company during tho years 0
lo-s6 aud 1917, who know and swear to their secgc
as well aS their more open operations. DE of iii
seven Witnesses though not in their employ, buyn,
OF them from time TO tme, aud knowias cxa;tiy
The goods they made; and anoiher of them occa sion
ally selling them the material The result is,
that each one of ali these witnesses knew OF these
Transactions unpleasant TO every body and creditabe
- nobody These witnesses prove that the persons
entered into agreement 10 surrender their tieense5
and labors on the 3ist of December, 1876 Good
nSsnredly, but perhaps impradently, Mr. Day ~
willing that shey should gock up the stock they had
then hand, that they should work it an as thew
bad been accustomed 10 do their work, 50 that the
manufacture of.suspendeTS might 90 on glIrs ptSsH
with the manufacture of the fabric, expecting to
Ind, not that they should enlarge their operations,
after working up their raw material and saving it
himself on the first OF January, 1917, entering,
eneunberea, unen, barrassed, and unimpeded, upon
business field which nc had paid valuable consi
deratiOn for over aud over again. They mllo that
agreement with him. or they made it with Good
year for him, and the instant they had done il, t5oy
proceeded, as | have seated, to change the whole
course OF their employment, to double the force of
their hands, to psotract their days labors through
tie whole of the night, to add largely to their
stock Of raw MATERIAL 80 That on the first of january
instead of their suspenders being even with their
r,,A sf.aF, nnIln tIn4-h hal
IN accumulation Of materials on hand from which
suspendcrs were made and sold for ten months after
wards Indeed, they had an accumulation Of matte
rails, by which, as of them Dragged TO the wit.
nesses they could supply every man and boy in the
United States, with u pair OF sIspenders 1t would
be only to dcclaim to press the attention Of the
Court further to 50 obvious Il fraud. IL is enough
TO say that it is their which renders the want OF
or G0odycar's vlnt of means Goodyear's tmility,
or Goodyear's bad flith, might have Withdrawn
from protection; but if it had been no more
than want of protection, Mr.. Day might have
taken care of himself bat those three heccu-
lean corporations, old ia the business, . is,5e
capital invested, numerous interests, great
skill in the business, and capaeity to come
into competition, and, above all. Tan element on
which have said not word but which is cs
tablished by every one Of the wtacsaes,) working
with such fraudulent rafaiity that they Gll,a IN,
market not only with nuuicrogs'y accumulated
supply, but with supply Inferior IN Quality that
il made their suspcnders and themselves rdicu SSs
everywhere. They ofactnaly drove him rom MS
business as if they had burned down his factories
and driven him from tho State. Nov, these Ii
the plaintiffs in this case, and this ex-
traordnary spectacle is presented hat the Court is
called to-day to force an eatoppel against Mr Day
ON the application Of these worry parties by whose
conduct he is expelled from the business secured 70
him, and compelled to adopt another. How do |
prove that b. no doubtful parole testimony.
prove it by tho hand and seal of the parties them
selves, as will BE by turning to the second yo-
I'M pf n ,.iDti "a call
attention of the Court to j. for the purpose Of show
ing that ii is not with Charles Good ear, but these
very licensees, with whom Mr.. Day is conducting
The Court (enleavoring to find tho r1fcrcaco)-
! see ON the page Indicated something about India
rubber chivalry.
Mr. Choate-I think that carnot be the page
from the subject matter. read FROM this docuaent
TO the end that these gentlemen lnoy be- regularly
introduced to the Court.
Mr.. Judson--What deposition 10 you read from
Mr.. Choatc--l do not read from any such low
thing as deposition. | read from = contract.
This, then, is exhibit G. and Is an indetire made
in 1913, after they had sent him to FRESH acds ana
pastures new for other Business II he could get -.
Now let us sec who they a-c, and That they are
about TASK your attention 10 the next i-Gc ~ ant
then agnin. if your houorS Will look TIT fsc f8cpn
volume OF defendant prnfing. pages 80 aad2,i.
They are to pay tariff, au .tecn per cent Of u -
TO be retained and applied 10 make stock Of Ior
the prosecution OF these suits end tA;s find and
this stock these suits Carried on. taEeit. te53
parties will gain very Lutte ~ such motions IS this,
10 enforce an cstoppel Ike this against b.each
they have themselves made oi every covenant fne3
had entered into with the GC;cdant. ! acl aware
there has been an attempt % show iAat Ar IVY
gave his consent to what seems To us papap!c ali
sineypiafncd fraud, and II mas ben aalu tlsN Mt.
BISHOP rroveG IT, and that Mr.. Bishop is little cor
roboYatcd by Mr. Reeves and ~ Mr.. 0nocuSu@,
one of the lceusrs Themselves. The affirmation 81
these witnesses to nothing; Il rests ~ last
upon B,shop, and his testimony i utterly worth
lass l hmi n r. X