The New York herald., 1864-10-15
%, a. never knew tho sAct
Inc court YocoG1 fOr nftaon uniuuss~


co. f:s yss, s:S sSIss % ss could no stated
Tho Court here took recssy for nfsssa minutes.
po.. s.uuh..,ou q 1 p S,coss Ssss ~pa y, e,., %
gs.s.r 4on 5od !. Nd We ..asn. Coy ksS and
~ fSs ssss: DSs DID ,oa Sssss Suy SS 1Ss:
are you sure you dkdf A. am. Q. who did yea buy
9. Did you pay ior i6sm' A did 9. in what v.yi 4:
In 1oosy sed sdversksg NOT fcr sersicss ssndsxsd
x:,son Mo- p G YOU g, any stock No. only Sy con-
and myself had about $4,000 Q. Had You the privi
ess Of buying some stock in this roads A. bad
ana c.iS In 'iSSs0s iSss nss DO distinctly wSs. SiS
you say to him when he wanted 70 buy A is.sses.i
o. the N5sss, ssd sols him .oaid ssl him oss SIXTH
Of the paper at shs rate o for the whole gy
u sSos . 70 81 S
assets; Or that would sell him sixth o twothrs
&C. .a sa a e ' voas lax. & As s as
;sss. s..s is.sryissi 4 soas ssiaf ~ sss.s "
NJ asss ssia x sis p. -: NE ssaf:ss such
Aasaly ssstlsd upons A. put ihoss shres propo.
y ss more na than ooos sSs' 'D' o
did; g was tins in penoin A. ! think was,
auces for $2,50Os A. i can't say some asime
about January = when the oeosraes was competed.
%s9 'n;s S: n,,s ;ssD sssS % The S's = ~
the form any Of those receipts! do noG u
TOO many years ago 70 rememses. g. % yco know
that you got Mr. Sssphspson's acceptancess A. don't
know. have .o iuprsss.ion ths. saw Nj: stsphsDsoe
SossvorsSs' J. wsli would rather r be would have @
4. He had gOod salary for Whist hs dsd and was 70
50 considered all ths propositions srauites simu.
4 's bas sa' Were .hsTs say osner signed
this ua 3. q Ss
9 Look :. this paper sic).. and ssy &C yoa
having signed yours
i Isl but have 10 recollection Of having sigued. @
Could you have signed u In November, 1850 A. could
not, Judging from parenthssis there. @ Wel did
sign ]. In December January All must have been
having signed IL 1t havc boon IMPOSED upon me
Mr Cram-I object to the I.t part Of your answer
u rs deduction Of the witness which s highly Inn
O. when Mr. Clark returned from Portland what did he
sition No. 1, had not money enough he accepted
Proposition No g. which gave him one sixth Of = fwo-
Q. Atter he accepted the proposi Ion did you stda
paper oonnoc,ioa Win The in question:
after ho accepted propositions No. s, A. think not o.
when did he come the paper under this propostIon'
the difference In the two prices you asked paper
$50, 900 and $120 0oof A. The value Of assets o.
when Mr. Clark came into u 10 1862 A. could say
Mr. Clark could tell you all about IL entrusted every.
he California; S n%
@ Did you Of did you mott A You know - well IS do
that aid not 9. Yes bat want you % say 60 A. I
dsbs dss the concern was valued Il how did you
arrive al that oonclusOns A. Mr. CLARK and M Slams.
that amount @. on what did the debt oensIss a.
Advertising and subscription besides those Illinois bonds
sri i think !, could
have owed moro than that the so 900 assets were over
M ss os
or u writing, bestdse what yoa hays refeFvsd tor a.
Sssiss. 70 manager q the pspsr what 'r more
", w,s ma sgrs'd :, spoS a A. rs utterly impossible
told a him that his ss,Ary os Ssco pear ": very
nigh q Did eithos Of the proportions any
ns 1S'Ts s.,,y :" was meSon.d ~
for one year and no logger @ Yon said y vas arrsnssd
tha. cak was % pay the balance out Of the pron Of
could not say O. Was this agreement wrtings A. Yes;
was embraced 10 paper a; the paper upon which we
what was il lkes A. fns substance Of il vas that
.nirds interest in the Express for sssss 49, giving him
his OF the this papers
he came back. q You said there Nv was . paper which
provided for the OF the balance out Of the profits
back from por.land' a. Think il was. o who signed
thstsA.I did, and gave to Clark. Q. Did you ever
did O. Not when be thought Clark had TOO much ssIsry
A. Ne; never submitted the papers 70 him. Q. You
never told him that Clark had an interest 10 the Epro
A. did not. @ Did Erastus know that be hads A.
don't know. Q. When you drew the articles Of
par.ne,.hp. IN lsss. ala you mot tell your brother
avoided It. did not wish him to know IL. thought
mad concealed H. Do you mean 10 say that you had
concealed the fact from yorr brother A. can't say
never had q word with him upon the subject. O was
your brothers. interest and that OF yourself the same
one third and twothrds OF the paper. O. You said
tnere question about your respective interests In
recoiect about that difference is that one or other Of
US overdrew our share OF the pronta That Is all. O.
o @
ticular sme. remember about that time that Clark
made made M ?. 81 rr 4, The was
q the o.soes due h!m' NO. 'ss','s's9a ssve NOT.
two.third intercsts A.. believe IL did, O. What oc.
curredY A. He wanted 70 give chattei mortgage for
lie: but deferred the matter, telling him that il he
would trust me would trust him. Q wha. occurred
would like to be admitted 40 . partner and vented
greater interest than cnesxth oftwo thirds told him
reluctant to admit him . partner from nv pre-
vious sad experience bg told him would sell him
additional interest for $4,000 and asked him Sl2 900
rise n the value OF the paper, and talking mat.
ter over consented 70 reduce IL TO 000 He accepted
thought he owed me sbou, 81 600; but Subsequently
found out that 1t Was "a 600 or IS o0 O Have You the
account by which Clark appeared 70 el DOOR A.
have not @ Have you tho account BY which he Ia
made 20 owe you four or i've thousand dolsrsY A /
have. O. Who made 70 out A. Mr. Kingsley, the cashs
ier Of tho E11res. q. Recently2 A. Yes. Q. For the
purpose OF this suil2 A. Yes. O. Look over this ac.
coun, and show me where the discrepancy
referred 10 in your direct examination A. On can't
sm no hand at figures; DO not keep the accounts Of
my own house even II would take me half an hour,
hour TO nsure the thing up @ Please read the ac
count and sudeavor point the discrepancy. rhe
witness did desired but failed TO detect the error
said be would rather have bis cashier examined upon
that point. O. This conversation about stocks occurred
10 January or February, 1888; did you say anything
him on the subject previousy' A: did; told him
he must not use the papor for stock jobbng
purposes and that he not or traffic Ia Stocks
o. Was Efastus present when you had this conversaton
A. am not aware thai ne was. O Did you com.
plain TO Erastus about Cark's dealing In stocksY A.
did, In tho month OF February 1853 Q. In what part
OF February A. In the middle Of the month @ What