New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-03


them from time to time, and knowing exactIy Ine
goods they inside and other of them occasionally
~ ling them the material. The result -, thhC
en-, one of all these witnesses knew o these trans
actions unJ sasant to everybody and credltahle 10
nobody. These witnesses prove that these persons
entered into an agreement 10 surrender their IL
censes and abors on the 3lst OF December. 1916.
Good naiuredly but perhaps imprudcntly, Mr.
Usv WIS willing that they should work up the
stock they had then on hand, that they s1ould
work il up, as they had been accustomed 10 do
th,lr work So that the manufacture OF su~p'nders
miyht 20 on par, pnSSu with the maniicture ol
the fabrics expecting Ia hnd, not tha' they shphld
enlarge their operations, after working up tneif
raw material and saving It from waste, nut tnat ne
should in good ialt1, hnd hlulsti Oh 'no ~ VI
I,,uo,y lSl7 entering, unlncupbeied unemoar-
rossed md unimpeded. upon business held which
he had maid valuable consideration tor over ana
noain. They made that agreement with nun OF
IT. made II with GOODYEAR for hun, ana thc IN
slant they had done It, they proceeded, ~ nave
stated To change the whole course OF thou ehi-
ulo, ment to double the force OF thelr hauus' 70
nrotract their days labOrs through the ""''o VI
The pioht To ndd largely to their Stock o m" ma
teraI so that on the ist OF January, instead OF
tbsir sus,enders being even with their STOCK, ana
a marian of II sold OUT they had an accumulation
ol materials on fund from "hlcn sufpehueIs "eIe
made and sold tor ten months aiterwnfd' ilueeu'
they had an accumulation ot materials, Oy "lliCn,
a. o. # lem Dragged to the witness, thry coulu
suppl, every man and boy IN the lmted states
with mir of suspendeTs it ~suld DE Only ID
dtclsIm 10 press the attention oil me court
6,,ther 10 so obvious fraud. Ii - enough ID say
thar II Is Their act whch renders the want OF pro-
lection 30 fatal 70 us. Goodyear ncOmp -tehce'"r
GuodNcaT's want Of means Goodyear tull'n''S,
or Good, ears bad faith, might have "ithdfa"h
from us protection; but It lC had Oeoh no uoio
ff.tp
tnLen care of himself: but these three her ulean
corroritions. old in the business, large capital
nvt sted numerous interests great skill IN the Oasl-
ness and capacity to come INTO competition ana,
nb,,t ALL tan element on which have SAID not one
word but which IS established by every one 81 the
Witnessed working with such iraudueht IdPihIty
that the, filled the market not only with nlller-
ousy accumulated supply, but with a supply, so
inferior m auat, that IL made thrlr suspehlcfs
and themselves ridiculous every where. iheV AS
etIectunll, dove him from his business as II Jhey
he'd burned down his factories aud driven nm rom
the Stale. Now these licenses are the pluntillS
in this case and this extraordinary spectacle Is
presented that the Court is called to-day 20 force
AN ertOpprl against Mr.. DAY on the Application at
these very parties by whose conduct he IS expelled
ht m TIE business secured To nun, anu couJelied
to adopt another. How do prove That ~ no
doubtful pbIOle testimony. move II by the mana
al seul OF tn parties themselves. as Will be seen
b.
i 2, page It's aud call the attention. oi the Courc
TO I, the purpose OF showing that II Is not with
{ hnIles Cinod, ear. but these very licenses, with
whom Mr. DAY is conducting this litigation.
The C0CkT endenyoling to find the relerence)-
| e, on the page indicated something about India
kuhbt chiyhlry.
Mr. CBoArE-l think that cannot be the page
from the subject matter. read from this dOcu-
menr to the end that these gentlemen may be
regularly mi Oduced 70 the Court.
Mr. JCDSc What deposition DO you read nom
Mr. CHoATE-l do not read from any such tow
thing as a deposition. | read Nom contract
THIS, then. is exhibit G, aud is an ndcntue made
in 1913, after they Iad Sent INN TO " Iresh heids
and pastures new for other business h could
get Il. Now. let MS see who they are, and what
they are about. | ask YOUR attention 10 the ne Nt
pre. 100 ana then again, If your hOn0rs wa look
at the second volume of defendants pnntmg,
pages III and PSI. They are to pay tariii, and
fifteen per cent of 1t il to be retained aud rppued
f. nuke Il stOc< OF for the prose cutlOa OF these
suits. and on this fund and this stock these SUITS
are curried on. | take it, these puticS VIII gam
yer, little by such mo ions as tins, to enforce an
! fstuppe like this against Il breach they have
! themselves made Of every covenant they hal en-
! tered INTO with the defendant am aware there
( has been all attempt TO show that Mr.. Day gave
! hi, con.tut to what seems to as a pulp1Oie aud
J unexplained fraud, and IT has been SAID that Hr
BshOp proves it and that Mr.. Bishop cor
r.bOrni ed hy Mr.. Reeves aud by Mr.. OndeIdonk
one of he iicens ees themselves. The aiirmatiOn Oi
these witnesses amounts tu nothing: itTests at "st
upsn Bishup, and his testimony Is utterly worth
ess, submit to the CONT IA reference to me at-
tuul ret. Now il your donors will look At Diet nd
anti te timoBy, irh Ola page All, It will be iound
| ihat even Oh his own story Of the matteI-i1Ild III
that respect n, is entirely cOntradcted BY my
nond, Mr.. Van Wnkle-but upon has story, the
contract at that time and place, between the
-. le.a
| be- surrendereosOn the Sd of Dec mber; that Day
desired in the hIsi instance that they should stop
totally and at once, but they stipulated tor an op-
! portuuit, to manufacture some time after
| mantle SLY upon collation. 0i the testimony oil
| Mr. Bishop, that they might hive chance W.T. l.
| out severe loss TO themselves, 10 work up theh
sluck on hand, end tuu- break the force OF sud,
| den change IN the business in which they had
| been So long epgnged. But II your hUnOrs take II
as III additional agreement gwen by Mr. Day, Lhat
they should go on TO manufacture until the LIST OF
! January | ask your hOnors, as chancellorS-Hnd
cont know nut may ask you TO forget YOUR chdr.
sctrrs ~ chanC ellurs and ark your hOnOrs "a just
men-ii there is any pretence that Mr. Day OIL
that they INTENDED taklng II, that they were u
60 on and manufacture only upon the manner ant
mon the system according 10 wnlch they nae
been conducting their business betOre;' ant
whether IT does not suppose that Mr.. Day mas De
come utterly incapable 81 conducting his affairs
and fair candloure for guardianship IN an asy
lum. rather lhaD for the saIcasms OF the learned
council on the other SIDE, II he could have
dreamed, or il he could have gwen anybody Al
opportunity 10 imagine or suppose he hd'
dreoineh Of giving them an authority TO deser
then old modes of employment, TO double en-
nun Ter of the hours of their labor, 10 double TN
number of their purchases Of the raw material
rapidly flooding the market during the residue 0
then term and 20 10 conduct their business us u
turn It into an instrumehtality Of competition, o
to make it operate ayear III advance, OF until l
had totally destroyed all the goods he had cove
nsuts tor. | am afraid am lap5Ing too far mt
tie habits. Of counsel in addressing a Jury, II
cUntinu ~ this line of remark but must ~.
that winch they had been accustomed TO do Mf
Day was willing enough that they should con
tInue TO DO. That force they had been accus
toned to emplOy-that rnte OF purchases the,
bad been accustomed To mske-that manner o
nauiLg LII The manniactnres and saIes " ti'