The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-20
rhs EysHfns Rspress Case.
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Pororo Judge Cardozo.
adse Cardoso dsnvered his opinion yesterday 10 the
ssossoo c6p,empt case, leaving optional with the VII
ssss either go jail the questions pns 70
BY the counsel for Mr. Clark relative 10 The croua
OF the kzpgess Mr.. Clark, VIII he remembered, s
ssHaooe ose out hts share the newspaper because Of
shc decreasing circulation and general management Of
"a concern and the establishment eha DO
- pp auction The Brooke Brothers object 70 such
Asourse q proceeding and are trying 70 s.3se on the
application Tor sale much the diegust OF Mr. Clark
mo aony OF Mr. Hobson tho circulation point was
rather interesting. II ran as follows
Esssi.0 Express once the tickets for the papers,
puvcbasers buy their tickets from me, and then take
the'r ose 70 the delivery clerk who gives them iher
q wbs, is the daily Circulation Of the paper' A.
ssn hardly say for hCcostss very much Win every
q what has been is average circulation for the past
10 counsel Cor Mr. Brooks objected 70 the question
Council for the plaintiff appealed 70 the Court snas ns
Ssesten was pertinent aud should 90 20 s"r nns
Nehed 70 show that the kxpres was gong 20
70 the manner IN which The paper was condac.sa
since The hrst gun fired al Fort Sumter ss Circulation
haA been o,reaeag ana IL was decreasing Naiy incy
Aas reAa 10 lhougat show these facts without ssy
sSasrspssoh from the COUNCIL % The othsr $40.
yu1ee tardozo held that tho examinaaiOu w. poFoiy
etasx enc that the piainsis bad right 70 con-
N~ctlk as they chose Every oppprtuniv would DO CIV
q pgocoedsncs had 10 be granted. :.
he oxamipasIon Of the witness IVES then resumed O.
o What has been the average circulation Of the Er.
press for week pastS A. have not made an average
Il was a quiet week il would not average more than
10000 the past week being quiet one the circulation
has probably been o under 10000 don't remember bow
mind alittie confused ,but don't think we printed
.ess than 9, GOO copies any day last week.
n II.y uCu mt unit = mi ma
s statement Of the circulation from July 70 October In
causive IN 1862 and from July 70 October, 1885, show
eand copes during this period In 1851, ~ compared with
The period in 1892 a. cannot positively say that
ss that the Express was falling of m circulation
common with other journals.
O. havc not spoken Of Its circulation having fallen
% In lS6Ss A. Not thai remember.
z. What the circulation Of tho paper In tne early
part Ct 1897 A. cannot say without looking a. my
q Fave yoa not printed in the early part Of lseI %
many az thirty tise Thousand copies daily A. cannot
d What the average circulation IN the earyspart
lNnw There was preai excitement then about tDe
rots ad the circulation greater than al other times
q. give ,our best recollection OF the circulation 10
January, IsesS A. II might be fourteen thonsand-may
he Mtesn thousand; commit nothing Of that kind 70
@emory i may have been higher than fifteen thousand
during that month.
G. What VAS the average circulation ia Juno, 1852 A.
Il Was oassde rab'e on account OF the riots
@ Was IL greater % June than 4 was In January A.
Q Was the average circulation in June greater than
any oT The IN nhs which preceded m A. think u was.
. when the circulation begin 70 decfea9e a.
when the excitement Of the riots subsided.
Counsel ior tho plaDtf-You do not answer my queR-
tI0Bs Cant you the date which the circulation
decreasea A. No, not the exact date but
probably ~ Two weeks after the riots il came down 70
o What 10 the circulation OF the Weekly E5prcssp
Council for the deencels there such newspaper in
eaBteDce2
counsel fer Mr. Clark am sorry 10 say there are so
few persoDs who DO know there is such p6webaper
am sorry on account Of my Client who owns one sixth
u the
Winess-Tbs Weekly il not under my charge
Q. Can you tell what WINS the circulation Of the
A. canDot
state as nearly you The average circulation Of
thousand or more think you might say from ten 70
twelve thousand
q Id the average circulation 10 december exceed pine
thousand copiesf "A Yes, think 80 considerably.
.. INA Il exceed ton thousaudS 4. think il would
average more than mat am not positive though.
= What vas the average circulation lest fAlh A.
when as yop make your last report Of the crcsa
Dd you make any report on Saturday Of the crcuia
toD on Friday A. did.
O. 20 you re6cliect that il was over eight tbcusand'
WIN you examine your books spd teetify tomorrow
~ matters Of which seem 10 have recollection
present. A. l Will II Mr.. Brooks permits
1he counsel for the plaintiff announced that he was
shrpugh with the witness for the present. Another Of
no clerks then called 70 the stand, but could tell
nothing without looking at books SO the case was ad
eoOTned until eleven O'Clock this morning. for the
purpose OF allowing the Witnesses chance refresh
lher memories The books OF the concern viii probably
be produced Court and the question Of circulation
e,dod beyond a donbt.
For the plaintiff Henry Cram; for the defence John
NOkeoD.