The New York herald., 1864-10-16
TIE EVENING EXPRESS CASE.
Case for She Derrnce-The Inside or One
of shc City Newspaper Esta ablish-


Case for she Dersnce-The Inside or One
OF shc City Newspaper EstabIIsh-
| COURT OF COMMON PLEAS.
| pefore Judge Daily.
| Ocf l5-Nephsa T. Clark James and Erasias
Brooss-The triai OF this resumed this
| ing Thomas B. Ketell deposed that he the
mercia editor OF HUNTS Kcrchart' Magd,sae The
plaintiff Tor the last twenty years; the time Mr.
Clark lett the Express had q versation with him
relative to paragraph in the Erpres said You have
been making money. see; no said, "Yes have been
making money" Q. What amount namedS A. There
was no amount named but he admitted tho truth the
paragraph.
| MT Cram-l object TO any admissions, aud TO
have the last answer stricken out
Judge Daiy-You must disregard all impressions. and
relate the conversation only.
Examination resumed.-Mr. Clark sad he Lad left tho
Express on OF the dissatisfaction produced by his
monev articles; that would not be worth while to con.
tnue writing the articles a mere salary unless he
could control them. O. Is that all he said9 A. All that
can remember OF his language. Q What was the sub
saace OF The conversations A. There was considerable
talk about Mr.. Brooks interfering with the money arti.
| ces-that nc had been placed in a wrong position by
I'M. n,e errnce and was going 70 leave lie had not
contro ~ these money articles for tho benefit his
opefatotd = n what year was tbisY A. The
satico oectfrd ahout year and half ago; think il
i VI
bis cnnneoti,D with the Ea1r'ss the money article
reporter 4 Yes 9. is there any way in which you
can x ino amouut that he madeg A. 1t was fixed by the
paragraph N the newspaper; some mouths after ards
met Clak, and taking about the trial spoke about
thousand collars out stock operatious MIR. Clark
said It was aduted TINT he Dade money out Of stocks,
| and that his counsel was willing to admit the fact.
Cross examined State, near as YOU can recocct
all that transpted between Clark and you inter
view lie .ald hi rad lett the Erpres because OF the
dissatisfaction Ct the rookes about the manner ia which
the money articles written; he sad that salary
was object md that he would stay tho ErprtSs
unless he could have ntrcl of these articles Are
you sure he suld h,s salary object A. He said
salary or remuneration. 4 What did he say about his
articles beine altered A. fe said il would place him
wrong position III bis business. q You were the
HERALD onc~ A. Yes. y i Your articles were cor
rected and mutilaed would it plce you wrong
pcsiti a: a. might feel uncomfortable about it. but
the editor would have the right 10 alter them &. How
did you know what the defendants going to prove
A. through Mr.. Brooks. q. lave you known Mr..
Brooks longs A. About thirty years O. DO you sympa
th,ze with him poilicelys (Objected and cotton
sustaned.) q Did you buy during tho time you
were with the daily papers2 A ] bought none while
was on the tiSRALD. but bought ond sod come while
JaInes H. stebbius, stock commission broker, ties
titled that be knew Mr Clark for the last eight ten
years have had stock transact ops Win him cannot
recall to my mind any particular stock that he bought
or sold through this buying and selling of stock
tended through period of several years between 1855
and 1868 We did business for him.
Mr. Cram asked leave the evidence of
of his witnesses, who leave town. and the
/ Court granted the request
George Stephenson deposed that the acceptancss ex
hibed were his know MIR. Brooks for the last fifteen
years he ncvor called upon me in reference TO those
| ceptsnces; don't recoect Of having interview with
| Mr.. Clark.
Cross examned.-o. Are you in the habit OF meeting
am not intimate with him he is from the part OF
Maine that am; cant recollect when had an inter
view with Mr.. Brooks prior TO 1850 had partner
| named 1hurston; he left me in 1860
Redirect--was not lhurston IN Europe when the ac-
were 10 Mr. Clark by me-
Henry G. Crane deposed that no was bookkceper and
cashier 70, TT T. Dnran. have ave known MT r clark ior
times be has had some transactions with US In stocks
and bonds. In what stocks and bonds A. In stocks
of the Chicago and Rock Island Railroad and bonds II
| the Missouri and mississippi Railroad Q. lave you
your books here A. Yes Q. In June l., 1859 wha,
Chicago aud Rock Island Railroad.
| Juror-We understood Mr.. Clark TO admit that he
made money in stocks, aud do not the necessity OF
gong all this ground.
Mr McKeon--weIl / viii no. take up any further time
Jurym,n-we are getting very tired OF the case.
Mr.. McKeon-How did tnis check read that you gave
Island s'ockf It read to pay to $ 7. Clark, Of The
Erpr,s bearer, $397 Q. Did you ever sell Mr. cark
Mississippi Ralrond; the 10th Of January, 1862,
| gave hun an op'on for ten bonds Of the company
we sold him ono hundred shares or stock Of Ms
court ana Mississippi Railroad at 70 g How much did
objection wihdruwn.) A On the ton bonds made
Sl.015 buying them at b6 and selling them Al 659d. Y.
lively car only suesr. o Did you rerd tbs Er1aess
afterwards A. did not O. Did you ever know OF " ali
reporters bong paid for services options ooh
jccled to as being vague Objection susained) O. 10
you know OF aoy Of tarks services being paid for IN
you any Information what Clark did for these o.
tions t0bte ,ed to, and objection sustainedl
Judge Isiy-i tho witness knows anything Of hi. own
Cross examned.was Mr.. Bonner the money writer Of
the li.sA.n' a. A. He was g Was Mr. Norvall % o. the
Did not all these gentlemen deal in stocks with also,
A. they dd You came hero with these books at the
tnplu onfx hns Mir huPu
redirect. Mr.. Bonner's appear your
book A. Yes snow, Of the tribune, also A. Yes.
q And Sorval OF the TINES, A. Yes
| Abrah m Coheu deposed thai Lo was the law
porter OF the Hes. part Of the time when Clark was in
upon the subject of trial where tho Cum bcraud Coal
COMPANY partyt objected TO- and objection over.
rued) prepared report OF the case IN the Sn.
preme court, which handed 10 Mr.. Clark.
Mr. hckeon-we give You notice to produce this 70.
port.
Mr. ram Sir. Clark knows nothing about Il further
than that vent 20 the prntcs aud appeared IN type
;. Clark called to the stand 10 prove that be
knew the report further than that was sent
IN to the alter being corrected subsequently
| apgos ed Ia tie columns of tho fpp,ess
Examination OF Abraham = cohen resumed.--l found
that the report did not appear IN the paper and went 60
tue hzrcs Office TO inquire about II; was referred 70
Sir tlars went into Nr. Ciarks private Ohce and
my copy lying ON his desk nsked him what he meant
by interfering with my report be ssid thar James and
lrostus Brooks were interested in Cumoeraui coal m
pany stock aud thar must treat the very gngery
he also told that future mus, bring all my cor,
him whore IL related 10 rsIways or mining cnmpnnes,
and lid u md your report appear in the EIflesss
j. u did not. {. In what form d,d it appear? A. Its
cnai changed entirely.
russ examined Have you been engaged 10 the prepa
ration OF this case. A. Rave not bad TINT honor. o.
Id not YOU hero yesteYday wh your hands full Of
law hooks and connected ith this csse7 You
mi sht have; so had Mr. Brot KS.
Tnos. q. Kingsley cashier OF tho Erpres testified that
lie connected with the paper since July "a. 1861
have had charge Of tho books since that time. Look
the synopsis book aud say you have know edge
Of its mutilstoul A. have not. o. Look ut page
wen,y OF The called ledger Did you abstract
suy ieaves froia that book a. did not o. Have
n m A. o.
mad charge OF the bo ks the Er-
,p,ss 4. Yes Q. Where were they kept A The first
gnoaledga had OF their existence was finding them In
tbc OF the large safe. Erastus Brooks and
have Key TO that safe. q. When did ynu discover
alleged mutilsonsg A. While Mr.. Clark and others
ming books under order OF the Court.
q. Who discovered u frat A. Mr. Clark. Y.