New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-29

o. You gave the checks. having connection with this
business upon which the claim was made against the
city A. Yes as representing the purchase money to
o. perceive they are all between December the
time when you first went 70 Washington, and June
1862 when you say this contract was NADER A. fes
O. VIVA. concern did they have with the business
a. do not suppose they had any concern except TO
get the value Of the amount We pad M Msrston for
the premises we purchased.
Q. What connection had you with Msrston for the
period between December and Jun"' A. had con
Q. In which W. opdyke was Interested Yes sir;
n was to make 10 Ooc carbines nj 81 50.
O. What contract with the Government was there
A. Brooks had contract with the Government for the
bike number Of aims.
o. Then you and Opdykc were interested in the
nepufactnre Of Gibbs csrbEes for the Government
from December. ls6l' A. Yes siii We we're not manu-
O. And Is not thu 1900 oarbines the same 10 600
esrbnes In respect which this claim against the city
was usedi A. The csrbines actually manufactured
we're under subsequent contract; the rst order was
annulled bv the Government as understood.
O. Were not $50 delivered under this first contract
delivered and paid fers this was money for money
scanned to Aarstou which WAS secured Oh q cbatte
mortgage on his machinery.
Q. Was IL not continuous business, as far as your
business with Marson concerned until the burning
up, from Dec Is, leol A. No Sir.
q. Why do these checks before June como into the
account against the city, A. To Indicate the amount
OF the purchase nom Mr. Marston; for these checks
Mr. Opdyke held Marstons notes and the surrender OF
these formed our part OF the consideration OF the Pur
chase.
q And what he paid MarsoD for tie purchase enters
into the claim against the eiy A. In arriving at The
value Of what the things were worth.
q Take next check A. june ID, 1912 for Sl2 30 70
Harston; this and the checks following were on the
same advances footing end In the stream OF
business until We bought olt Marston, IN December
ls62; there difference In the conSider ration OF ad
sances prior to June; MI Marston wanted further adj
sances; s the advances for the manufacture Of
these guns BY MarstOn the difference after June con-
ated in tie reduced price which Msrs0n agreed 10
make the gun in consideration OF The increased advance
Mr. Proofs had an order OF Dec H. 1861. which was
subsequently aunued; do MT know low long il lasted
in April, Loo. Mr. Brooks asked 10 have the time
tended. which was denied. end then The contract of
June made that took the place Of the other far
advances sud hsrs,on were concerned. and our
Interests
o. Was the contract OF Dee 10 1881. tie one in re.
spect TO which you went 20 Washington a. No.
went ~ examine the title Of the patent Ia respect to
contract FOR - 900 gus in Dec, lso there was con-
tract BY Brooks from Government 10 manufacture
l00O0 Gibbss earbines; subsequently Nj Opdyle ard
became interested in that eonreet toere was no diff
respect to. except the number Of guns
q. Did any money pass between rcu o. Opdyke and
liarson, on the transactions OF sa!c' A. Nothing but
tbis representative Of money.
Q. Nothing but the eItiusni-tnem Of Msrstons
debts either aceru!ng 70 Opdyks or some ono else A.
And Iots q McNeiYs OF :sW9 AID az additional
q. Why did you buy NslstOn out a. The fact tbs
eur capitalist. Nj Opdyke had advanced money
than be intended aud no refused to sdyac, any more
vas the only security re had FOR his adYancesi under
stood Mr.. Marston was worth $500.
u. Was any proposition made nv Mr.. OHdyks 10 sell
snt TO Mr.. Msrst0ni A II Tss pTOpOsed; heard he
proposed TO sell out owing 20 le llLarGOu' nature Of
NE business and his being entirely unsoluanted with
a. ct loss OF 5000 20 $1,000; he did offer 20 sell
cut 70 that loss II WAS h speaking Of the general
condition Of The business be said THIS 10 ne; the ne8o
6stion ended In his buying Naision out.
q. What was the book subsequently discovered, re.
severed from the fire. and which yoa Say yon have
never seeuf a. IL vAs book which 10 IN tbs hands OF
The book keeper not discovered unit. AFTER made ont
shs claim srainss the city; it Wa lss at M. Opdykes
Office do not know by whom; never heard the book
described suit brought against the city before
tAe 20 days expired.
Q. Yon say that you mads "a statement 10 Mr. Blunt
~ to the priueFc on which the claim vas made M;
charging The csfhne price AID ieduc,as what il wOild
cost 70 finish. DO you find anything Of that In she
printed testimony A. do not There my be words
there is nothing: IL was when was examined as wit.
ness explained that TO Mr. Blunt.
Q. Look NJ your frat deposition Tho ms finished
and In disrest stages OF 6D,sh. ehersed az the
prices that they cost The Company make In that
condition taking Into consideration the fact that this
the first lot Of nads nv con ting the eatir
cost Of manufacture" Did you say that ~ Mr. Hunt
a said that substantially don't reccllect the Ian.
Guage.
q. In your second deposition You ssy, "rhe whole
enount which psd Mr.. Marion for the articles
enlmed IN the schedule amounting t0 S67 go 81 was
314T 36-which In o., 3H o. more than the amount
fiaim Explain how you paid o. 900 more for thosc
ysmst In the 6rst place must say that that II not
record OF what SAID, aud 10 can't explain II, II Is
49, t,seStast ysid 5000 ncss nai The suopnt