The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-14
rurRD DAY.

argued on the part Of the defendant that no TIVE
parties can claim damages for trespass, on the ale
riom authorities to sustain his argument, together
with the opinion Of Justice Spencer, who had held
that parties must have had actual possession to have
acclaim for damages In the course Of his address to
the court he said he would prove by witnesses that
the plaintiffs had brought this action by the au-
thority Of Edwin Lord & Co., who had an interest
in its prosecution.
NJ. g Pennington replied on the part Of the plain
tiff, and during the legal argument the Chief JUS
tice directed that the jury would be relieved from
further attendance until Monday morning.
Mr. Davies asked permission Of the Court to read
an eHMac. from mn Gaa no c9nS W oGse
argued from the above authority, That gone
raj owner of property cannot claim trespass for dam
ages, whore there is an outstanding possession on
another" Not argued by plaintiff.
First witness, Thomas Bacon, examined by Mr..
Davies Papers shown to witness. Q.-What pa
pers are these? Anime, sir; private memsranda,
in my handwriting. Testimony from papers OPP
evidence Friday The Court ruled them shas the
papers be given to witness to refresh his memory,
but rot to be allowed as evidence) Mr. Davies
Q-WhAt amount of property Of Lord 4 Co; was in
to. Q-Had Lord & Co insurance on the whole Of
the property in their store, and to what amount
Opposed by plaintiffs counsel. MIR. Davies rose to
explain that he wanted to show by witness that
Lord & Co had insurance on all the property in
their store at the time of the FIRE, both what was
their own and what was in their hands as fac
tors for others, to the amount Of 100000, and
that they received policies to the amount OF
SAT ,l55 from the insurance Offices, and that these
assurances were incorporated by the State of New
York.
To Mr. Davies-Cannot say what amount was in
cured; the insurance was large, but cenuot say in
figures cauno. say if it exceeded 81 600 could tell
by the books Of the house Mr. Davies explained
to the court that claim was made by Lord s. Co.,
for IS 9S6 49, and they thc counsel for defendants)
propose to show that this was the whole amount do
stYoy ed by tho FIRE in 1885
Mr.. Bacon examined by Mr. Cuttng-TIas no per-
feet recollection OF the amount insured the amount
destroy ed amounted in credit value to TAI OF,
and in cash value to $6l, 72S so. QIWhy doesyour
memoranda "a paper shown to witness.) This Is
my handwriting don't know when it was made
out there is no other paper. Q.Was this paper
it not made out at time you sought indemnity
from Lord & Co? No; the writing is mine
cannot say when l saw it last before this trial
$67 All was the amount of property belonging
to the American Print Works, credit value; never
recclect to have seen that paper before the trial;
cannot tell the amount destroyed without looking
at the paper; $7 All was the property of the Anne
rican Print Works; cannot tell what the sum
perry Of Lord 8 Co. was $ls,466, you spoke fIom
this paper. A. Yes: could not tell without refer
ence that that WINS the amount. A paper handed
to witness). The whole of this writing is mine,
did you make out the paper with $l3 466 81 on it!
A 9th February, 1888; can't say if both papers
were made out at the same time; $l3 .466 80 com
posed the property of Lord s Go $4,000 was
consigned by the American Print Works; has no
doubt ,but Lord & Co werc under advances for
that sum; can't say what sum was advanced; can't
say whether it was 81 900 or $4,000; cannot tell
where Mr.. Lord now is; hopes ho is alive; don't
know where the books of the house are; don't
know in whose handwriting tho pencil marks
are; the words "verdict for damages at the fire
$4,000, are in my handwriting: | wrote it because
it was obtained, suppose; presumes the books are
in the possession OF Mr. Lord, but knows not where
he they are; the books last in the Of No.
So Exchange places has knowledge what adj
vances were made to the American Print Works;
does OF know whether the amount Of Il Lord s.
Co.'s advances with the Amerioa Print Works .s
settled or not
The Court adjourned till O'Clock PM
EVENING SESSION
The Court sat at , o'clock p. NJ.
Mr.. Davies presented the papers referred to in tho
examination of the witness TO the Chief Justice,
for his initials, in order to be hereafter identified.
Witness examination continued by MIR Cutting
David N. Lord was President of the American Print
Works ut the time of the fire. II. Lord & Co were
stockholders in the American Print Works to the
amoent Of So. 600 5, 900, and interested in he
affairs Of the at the time of the fire to that
amount; James X. Mills, Of Boston. N. Bird, Of
New jersey. David N Lord, and ourselves, were
the others; did not say that Edwin Lord s Co were
interested one half. and Mr. Van WAGNER the other;
had nothing to do with the getting up Of this trial.
does not know whether Nj. Lord had not.
(Memorandum handed to witness).-A portion Of
this writing is Mr.. Lords; figures the top, and
certain names, are in his handwriting cannot say
that the amount of insurance was $50, 900, but it
approxmated to the value Of the stock: the VIII ,le
amount OF the value OF the stock was Sl4O, 900 or
$l50,000; the amount saved was about $4,000 or
$5d 600: the American Print Works stock amounted
to some SOL 0O0; does not know what collected
from the underwater. Question repeated-Doos
mt no I'M ura MANIAC in lvan
To Mr.. Van Wagner Has no objection to exc
cute q release to the American Print Works.
Collected to by the counsel for the defendant.
Overruled by the Court Executed aud delivered
to release the American Print Works from all claims
and all benefits arising from the prosecution Of this
trial.
To Mr. Van wagenor.--Knows there had been
time of the fire; cannot ate what amount without
reference TO papers
Mr.. Whitehead addressed the Court, in opposition
to receiving the release into Court.
The Chief Justice overrued the objection.
The Chief Justice proposed to allow the bill of
ceptiors.
Mr.. Van Wagner drew up second release. which
he read. and handed to witness for signature.
Mr. Whitehead, for defendant, again excepted.
Overrued by the court.
Witness cross examined by Mr. Van Wagner
Can state from other sources than those two papers,
what the amount of property belonging to the Anne
rcan Print Works in No. 81 was at the time of the
fire. The two papers marked A. and c. are in my
hand writing; the credit value Of tho property
in store was $6S,50l, out Of that was saved
$315i So leaving property destroyed to the amount
of $6t,77 arrives Mt these figures by comparing
the books; was salesman Of the firm made
estimate Of goods saved; it is accurate that esti
mate is on the paper marked G.
To MIR. CuttiDg-No assets were left for the be-
neft of creditors they transferred assets for
that purpose stock was transferred by MIR. Lord,
believes does not know that it for the benefit Of
creditors; my impression is that the stock trans
feIred; saw paper marked A., but it must be some
years ago; took it from the original invoice books
and inventories; does not know where tho original
inventory is made it out after the fire us
possible made out for tue purpose of insti-
tuting claims against the underwriters ; put down
all destroyed that was not found after the fire;
the amount Of their own goods in store at the time
of the fire, $50 600, saved $36 900 1877 900
the amount of the American Print Works goods was
$4,000; saved less than $1,000; our loss amounted