The New York herald., 1864-10-14


favor Of tbc oompsoys A. icsnt say. WIN yon gay
you Ssd nop A. No. ] WON'T. Q. Did yco write that
the Joseph administrator. o When did he leaves
A. l can't say. the cash books would NOT en-
e for @ ns s q
CSeusatirn g 10 August H. 1852, there s hattering
notice Of che Erie and Illinois Centralcd you write
thar suppose did think 10 wins about that time
| advised Mr. Brooks 10 bay. Qaugh,er.) The at,en.
tion q the witness then called 10 dozen instarces
IN which Erie, Michigan southern, liros Central and
other stocks pulsd and he asked what amount
o. these stocks DO owned at the time the n tees were
written The witness invai aby replied that he did mol
know how much he Interested.
Mr. hcKeoD-I believe am through With toe witness
isled2 A. Gm--as sure as am o. my own existence.
q When did you became connected with the T,lbsnsg
Al A. In September, 1853: was employed 70 wrso for for
paper. Q When did you first come TO me about this
case you said you came 10 january, 1864 Is that cor
ruary 1884 Grst earusd Of the Brooks intention 10
dispute claim sixth Of the whps Of she ss,sb
Me. Q. When was II that yoa bought these Ia Crosss
bondsf A. NJ the early part Of my connecton boash.
think tnors was any wrong eommls,ed. by you ,heaa
Question ruled out by tho Court O. when told ar.
ad ssys He said nosSns Always sps oa % him about
my Investments. Q. You made secret OF u, then? A.
No SIR 2. nid either o. the Brookses ever mako any
objection 10 your operating In stocks2 A. No. q. Was
there' with your knowlecse, any false state
YOU you Of writing falsely or Improperly aOos. money
matters? A. They did not. q Your articles were
RrooksesS A Yes BY juror. Q. Who advanced the
money for the purchase q the La Crosse bondsY A.
Did you consult the oOksss before buying he Sonds
A. Yes, and they were bought at my suggestion.
Mr. Cram hero announced that he rested the case for
IHE CASE FOR THE DETENcE.
Mr.. smyth opened the case for the defence iu very
abe:manner, aud called Mr.. Brooks 10 the stand.
James Brooks deposed that he OF the defend
ants in this case was connected with the Rrpress
70 1855 no is my partner now in 1885 the properly Of
the Erprss was divided between Erastus aud myself
plaintiffs first connection With the Express occurred
10 lS40; he was the OF friend OF mine Ia Maine,
ao nod Of mr. s
1856 upon the subject Of his purchasing share In the E
pr 81 remember that be cane to me in November. 1855,
and asked 10 sell him certain the paper
put the books AZ his disposal and submitted TO him
proposition that would sell him sixth OF interest
another proposition was to sell him sixth OF the
WHOLE ressrvng myself all the assets and obligations
will Of the paper presses, type 4r the third pr oposi
tion to sell him sixth Of my interest OF two
Clark oos ss's time 'ns q pssnsdy 5 or
these propositions, and took them 10 Portland
with him; about the 1st OF January he came
back, when we had some further conversation
upon those proposons he said that although ne wished
have sixth Of the whole be did not IKE TO incur 50
nssyy ss &c USss9l . declined Y &
said he had paid me all the spare money had when he
gave me tbe acceptance, and would have money 10
he finally consented to accept pr.oosion No 81 r,.--
him memorandum in each = ,he nronosit,ons vhsr ns
wen. 20 s, ana him he might take his choice
made canno N Of paper these memoranda ans were
=. Mr.. r.SconeEook .. paper and say II you used
ia your po soa eaow
when you seued that paperf A. do not; never nave
sny Of R, tnSv
It got theref A No; was very much in the
e sns aR s @ M c
randumss A. do not know; don't remember TO have
seen them since, but have recollection OF seeing
Q. When did you zee that memorandum lasts A. some
whsrc between 1857 and $780, 1t was about the time that
paper SINGER A. have not; il went into Mr.. Clsrk's
possession and have not seen It since.
Mr. McKeon-We give you notice Mr. Cram TO produce
Mr.. Cram-You may give notice until the "crack OF
we :vs ing sy srn 10
A. agreed TO tell M Clark sixth Of ny twothirds
ns ID did e .ay
no WIS: about Ss S my S he
up refused 70 sign Il o. give hlm bill OF sale; said
~oad s wns. ss paid :, Ss he balance q o. the des. then
contract spoke isser Objection sussiusdl O Did
psdi A. Mr. Clark psid g. 500 down. and the balance
was 10 be paid out Of hs profits Of the one sixth Of
.nsre y. w cOn0srn, ne n.e 20 o.ner wsy paying
gave him . salary Of 81, 500 year, but he spent
that in living, suppose. 9 How WAS Il that you
gave BIN salary A. He was bat an en-
poye. Q. D:d be ever draw oheckn A. Never.
Mr.. cram-I objsot 70 this question. II makes no dif
ference whether hr. CarK drew checks NOT He was
partner and al wewaat TO know the quansum of his
interest. ME
Mr. McKeon-It does not follow that because James
Brooks sold the plaintiff share Of his interest that
should neesssarily become q partner Erastus was in
no way bound by this arrangement Of his brother
James,
Nr. Cram--n 10 a well settled principle OF Law that
where partner sells out part OF his interest
stranger that the old partnership dissolved and
formed
The Court reminded the counsel that the hour for ad
journng had arrived, and thus pus stop TO the argu
ment.