The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-29
THE EVENING EXPRESS CASE.

THE EVENING EXPRESS CASE.
~~~-~~~~o~---~-~~>--~-~~~
The Argument ON the Motion for . stay
or Proceedi ngs-RemarI<s OF DIessrs.
Backeon and Cram-A Decision to be
Rendered To-day, Sc.
COURT OF COMMON PLEAs-cuAMBERs.
~ Before Judge cardooo.
JAN 28-The motion for stay Of proceedings 10 the
case Of Clark vs. Brooks pending appeal from the
order OF Judge Hilton, argued to-day by Mr. McKeon
on tho part OF the Brooks Brothers, and Mr. Cram on the
part Of the plaintiff The proceedings were rather into
resting, and attracted the attention Of quite large
audience.
Mr. smyth read the sdavit OF James Brooks, denying
the allegations contained the adavit Of she plaintiff
Dsponent that Csrks interest was only opssixh
OF two hirds and onpsixth Of DC whole. asis claimed
By tho plaintiff Furths shat the allegation that the
Brothers Brooks mol business not true and
that was owing their and attention TO business
thss the psss had prospsrsd and grown 70 b what 4
was he dspooeut slse osAisd that any sdvsrassehis
had decreases il q Che political oos o. O.
paper M. Brooks csimed thas the editorials claimed
loyal editorials were papsSed in said Ds~spapsr TIA.
sns business q ne SsS paper had and n
stas ter i from The books Of the concern -
Gross receipts for July, August, September and ;.
cross receipts for The same period in 1865 %
The affidavit OF Erasus Brooks In reply TO the state
nents OF the plaintiff was then read Mr. Brooks set
paper business That be had been conducting the En-
rress since the commencement, and the plaintiff often ad
ned that the deponent had been very successu in the
OF the concern and that on one occasion the
plaintiff urged deponent buy out James Brooks inter-
es in the paper 50 that deponent and the plaintiff might
Mr. Cram the part OF the pa nti0 proposed read
additional adav Of Mr. Clark since the recent
ton during the months u May june July and August
10 ns Il.
quarter cents copy and at tina. rate the circulation Of
the paper during he said months Of Nav June July and
SSss ,SDs during s eS. months ss
during the month Of November 1888, only $500
copies daily and that in December the receipts for city
quarter ccnts Circulation Of 95s day that the total
receipts from ali sources for the first six months in 1853
were Sa os7 ard for the last sx months AL OH show
inc falling on OF "a 7ia ,ba. Il ARREARS from The said
hooks thai The Current expenditures have NOT de.
~ b ns Inc s ra " q ave
wear or d thamssIves '"' ''' s'''0
. ae =, ~ uuo s " ,n .A r ..o h uv 1u
,S nr - me ,oo rper snS MY
H.; ;"e ,hs - o. aai,ne, sso o nv ,h a h,S NJ
mat a. s1 reason why the paper Snoua Dc
This closed the evidence on ooth SIDES.
MI Mcheon men proceeasa 70 sum up .ne evidence 10
oena o. me aeiendans ana 70 .ne course Of os argu.
o. oiasu va. we " uo wolonos
~ 800. -. ~ 800, u.s. 80 ~ - "s. L,,
ane psiIl NY 1ouas u.u Nv ,sms ~ say VIM knu
ar'css snouo ,,s 3. ulv ., anu amu was
" W .hoi % ,%s u Nj ~. taan SHhuso
sh., smv sauer,,ssr h.a r,,hdrawn ~. ns,ro,so ~
no. uy au - ..S 10 -. - 40. @ =.
sI,asd ~ ~ .o,OsI sos ,ho r,si,, TIE I,I; -,
~ ~ 80 = ,,arr .-,n,. nns,ro.. Tnna @
r. = ~ ~s 80 81 49, IT,
Tho sssaucs ~ mas nsrsrs s. sons rna cnn.esn n
sesriv rSehted ~ jsr,ss ana Erss,o. RrooSs i,
,vn,,iS ~ Sasc ,ha,r r.oss ,rnsca - All 80
no s.s,nsa ,heir MI, tina na,ntiT had No an a., -;
srvno ~ d.s,rov ,ha cre6r or hs Err,s axcsrs rc
ca cns. ana a,thourh he vas ininrinv h,nse,f. and
tive TO be pratiHed. and no effort was spared TO
sacrifice the rights or the defendants The counsel
then referred 10 tho decreased circulation Of the
paper and said that nearly all the newspapers IN
the CITY had suffered 10 4 similar manner The
circulation OF was governed entirely by the
events OF the day Whenever there was any exciting
news the circulation weat up, and whss there was
dearth OF excitement is went down again. During the
past three months there had been exciting news and
as natural consequence the circulation OF the Express
az well az all other newspapers, has fallen Of. Since
Clark et she the price OF paper COAL ink
type and labor had Increased from twenty 70 thirty
cent and the reospts Of the paper had not materially
dimipjehsd, and 20 day the EztvUs was in healthier
CONDITION, financially spes.n9 slan y ever W.. lnsre
danger OF the plnntn suffering oy continuation
OF the stay Of proceedngs tor the Brooks were
sovent and az Ee properly nad given oonos
their trust.
MT; Cram Followed on oenan o. .ns psansn, sno p,e
learned on he other side had not mounted his
political hobby as formerly because thea the speaker
Moua nave oeeS snvluea ~ uS ~ ~, asss