The New York herald., 1864-10-13
ThE EVENING EXPRESS CASE.


CoUBT or COMMON PLEAS.
Before Judge DAILY.
FOURTH DAY.
Oor n -S Z. Clark James and Eyaa,a Rrooks -
gAs trial OF this cause resumed this morp - the
opening of the court, In the presence OF good
Of spectators.
Frederick W. Rsphard deposed that he was a clerk
In Mr. Lawtons ofce had been thero three years; 70
oognzsd paper A; copied 1t from another paper which
had been given 10 him by Mr. Lawton.
Cross ss-examined-Gave the original paper TO Mr. Law
CON whom got through with It. had the copy and
compared with the original took the paper around 10 the
1hpre" ofce suppose gave TO Mr.. Clark; think the
original was on ooscap paper; the sgnsturesiwcre not
on the paper copied from; there papers at.
sacbed to the one copied from merely sheet
ond had nothing on the back.
Mr. Cram announced that he would rost his
Cor the present. and that the
OF Mr.. Clark be concluded
Mr. McKeon-I am UNIV iling proceed with the crcss
examination OF the plaintiff without lr Brooks presence
pght with severe attack Of cholera morbus, and /
hardly think he will be hero to day.
Mr., Cram-l am anxious to hurry up this tedious
a. much as possible. The cross examination OF the
pain,n ahond 60 on and probably Mr. Brooks may be
Mr.. Mckenzie very sick indeed when last saw
him. y
Judge Day--You had better proceed NTH the exami
patton Of tha witness. Probably Mr.. Brooks will come
Cross minstlon OF g. T. Clark rosumedf read the
complaint before sworo to II. don't recollec before
Mr. McKson-I propose to read the complaint
Mr.. uam-Do you wish to put our pleadpgs in evi.
Mr.. McRson-No; propose to read q portion OF the
complaint to show that tho witness has sworn two
oueent statements as to the time certain paper was
judge Daly-Proceed with the reading Of the com.
ExamBesion resured-I went to Mr. Grams Office u
June 1868 reference to this complaint wrote several
letters TO Er. Brooks durifR that month.
Q-lf U0lc nj me Qra IN
pour poseessions A. have @ VIII you produce thems
Iwould like you to read them
MI CIAm-Don't produce those letters.
Nr Nckeon-But he mast.
Mr.. Cram-You will them at the proper moment.
xour manner u impertiaent.
Mr.. NCKeou-AmI 70 staEd here and listen to such
language without tho protection OF the Courta
Mr.. Cram-Yuur conduct towards my witness ought to
Mr. hoKsou-wei. II the Court win no. protect me
viii project myself and run the risk OF being c,mnitted
lpick'ng up heavy ruler and assuming threatening
Mr. tram.-I have seen bullying bofor. now:
want 70 I'm " II the Court will permit The examination
sf my cHent under such ihreatss
e witness tie counsel during tho whole OF
As trial. but the counsel has pursued bullying policy
Essnin ,.,os q tho wi.ress resumed james Brooks
estimated bic part q rho newspaper ss being worth
aeveF made S. 900 csme into The concern
BY the Court-What the paper worth 10 1861 il tho
was worth any thing Il would pay the interest ON
She principal q At Whist rote would you DO wiz, ng to
a
ance made think il was $50 900 Objection
ssken 70 these two questions By Mr. Cram Exceptions
II from Mr. jas- D ookss A. No have not; bu. can
sepeat the contents. and you can compare with she
Mr. crsm-Oh. no, we viii have no intellectual rears
hsra they have the letter lot them pr duce It,
tho dated pU I - sSdsesss &c q
and Erastus Brooks aud proposes TO dissolve the partner
eap on the ground that the interest OF all parties would
30 subssrved. This letter. well soy others
tween ths plaintiff and the deenduuts also read
s cnS put !. ,St sSvidssnss g wnsS did yOs visit H
must have been so after January. 1868.
Mr. MoKeon then read letter addressed to the de-
fndauts by the plaatir dated Asrch IT. IN which be
save nosies Of hts ntoation TO dissolve the pnershp
Wh.s was your original congestion with tho In.
(wSs acd a Whist time did you frat connect youraeR
Win that paperf A. went on the paper ~ 1szo was
sus louog and was engaged counting rnpers, writing
wrappers and doing everything that boy should do;
bad just attained my majority and was eullo green.
9. How iosg wero you at that work. A. Not long;
o0"n became rortor and continued 10 that capacity
0nttl lSss, when left for year or SO; then /
fft assia 20 take charge Of paper called the Golden
you went the krpres. nrs (oejected objection
you been doing any busness' A. have been engaged
s money editor and ps.i proprietor OF the Ti,ur y.
did you AZ the Expycss officer A. ihink saw no
Sns except Brooks transacted my business with
interviews With Gr. Brooks. but have had Two or
three, nrst made the proposition, then examined lne
books and ,hou pai tho money, and concluded the
Sasoess; had no ides when I came to New York how
muoh the paper was worth dont know how much
81, ,oo6 over tho 81, SEQ or not. O what converse.
ZION occurred bctweeu you and Mr. Brooks
ss ssoo. "' .h. n' ,aah the price Of 'Ss sso
papor bigh for the amount of the profits
be replied and said the books did show all tho pronts
thsi he ard his broher were u the hasit o. making
money privately. Q What became u tho original memo,
sanaum IN pencil Of Which % paper per as Is COPY A. don't
etsped by Mr.. Brooks g. Was it not in Mr. Brooks
txAoa oarva A I VIII mad a sfUuad eOuw
ofh pencil mcmo'audum would not be Likely to sst
NJ noKeon then read the affidavit Of the defendant,
ymes irosks douying that he ever iuade the convey
suce. ndi asd u the psp.r marked O. but admitting
that might have signed IL ip the hurry of business
Wnhoat bcrg Of It's cntents. O. moving that Mr.
Brooks denied that no ever signed e. and that
20 produce the original memorandum In pencil which you
say was Ia Mr.. Brooks haudwrtpgS A. did con-
sosensr 10 eonneo,,on with this business A. No. q
q the original memsrantum among tbese papers.
hs A. havs not c. What your best recolectoa 10
ccgard 70 The paper9 remember nothing OF t what
sss nsos NOT that know Of q 70 you know or
any ore having DESTROYED this parerS A. do not O.
made the COPY have not seen since 70 .Se S Ssss Of
~ eeteI O. Where y ses 0riginA Of paper Al 4: I
sSos Ssa q You Any gave Is. Brock.
% wSs yoS 0Ssa So1 s Ss S;
q Mr. BaDgs. 9. Did IL mortgage your share Of the
EspNs q one sixth or two thirds or one Skip Of
Os whole A. iuppois II morlsAsed sixth Of
&xo thirds az Ar Bangs drew Il up, and probably made
Tho came mistake that he did 10 making out the CON-
Ssysuos Q. when we're these papers Destroyed A.
eomswhsrs between Janusry, 1868, and July 10
Me same rear. y. Wero they destroyed be-
(Ors You commeneed these prccecdngr A. Yea
b what your ob,sst In getting Lawteo 70 copy the
0aper which lauEo made cuy a. The papor was some
That dsfacsd, and wanted clean oory that was my
Ssv mosvs ths mortgage was never sxeoascd because
Mr. Brooks did not gfsD me bin OF sale. U Did not
James BROOKE rsmonstrae with you against using ths
IsPsr for,stcck opsva',oos, 4. R never ara. not N
February and March, 1889 A.: Not e ny snowlsdss;;
GarcSi 4. IaId. q hid you tell NJ. Taos Katen that
row IVis ~ Esvss because NJ Brosts vo.ld not anw
ko1 10 uI (be money articles for stock obong purpcsse
y. Not that tn.w q wDlyoy swear you dd nos nSS