The New York herald., 1864-10-14
THE EVENING EXPRESS CASE.

THE EVENING EXPRESS CASE.
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Mr, Clark's Gross. E:xa m n tisn Conciud-
sd-Histsry OF His st,ck Operasssns-
lie N cuses the fsso Il Brstners or spec
uiating In Isa Crosse Bon.ls- Snarp FL -
Ing Betwecn tho Cousn seI-Mr. Cram
Rests His Cas-. and ssr. Smyth Ope ms
for tho Defence ce-The Theory sr the De-
fence-JAaes Brooks ON the stand His
Version or the PsSsnershtp Dime atty
COURT OF COMMON PLEAS.
Before Badge Daily.
pAY.
ocT. 1s.-S r. Clark Jamss asd Eras,us Brockt-
The trial " this case resumed at ten O'Clock this
morning.
Crossexsnination Of 8. T Clark resumed-I can1o tell
where the books OF the ONCE were purchased; don't
know whom ! made the transfers from the old books;
cant say ~hat year bought the books in, whether 10
in 1857, bS, 80 go; tho statements which has
been mosated contained, In all proba bty, my private
account OF the first six months business Of the Krpes
will notswear that there, however; the state
nent now shown me statement for the year 1866;
delivered those papers 70 Mr. Brooks. O. What would be
tho OF muslatng the six satcmsn when the
annual statement ntAcA a. Yhsrs could be no mo
tive - far as ! see.
Mr.. AcKeon-I now propose to read the statement OF
the receipts and expenses OF the once year 1885,
for the purpose OF showing defendants interest tho
tabishmsnt. Q. Does your name appear In that docu
ment except who're have attached isias to T
A. n doespot. O. Was the statement for 1861, which
you complain having been mutiated, not that
dition when you gave II TO Mr.. BrooksS A. No; don't
believe ever gave him . piece OF paper IN inat coudi
bottom, nor can say what torn on Q. What mo.
tive would there be for tearing Off the bottom OF that
interest in the Erpres A. Does paper No Of the Weed
account agree with the synopsis book9 A Il does.
svsss .ccoaas agree With the sp synopsis or any
OF the booksf A. II does not. Q. Have you
have MT seem '' sm since, % Hs sa' best ., my
beief O. Does your name appear In any Of the
ferred from 1855 up to 1888 as anything other than
ccrk2 A. Not that know of beyond what apr ers in
the books produced there ia nothing TO define my posi-
top s..14 y. Asf
Mr.. AeKeon then put evidence letter OF the plain
TN 10 James Brooks dated February 2, 1863 notifying
him OF desire to withdraw from &he partnership be-
OF the manner In which he treated, also the
of Mr. Brooks in which he he sorry
that the plant,f was determined 10 leave The defcn
dant referred to the plaintiffs operations in stocks, and
said he would mo- allow even his brother TO speculate n
that way. q Did Mr.. Brooks ever complain to you Of
your stock oporatiousS A. Hc never did q. What time
did you assume the position OF money article reporter2
In 1857; previous TO that time they were written by
Mr. solcmsn Joseph. Q. What 10 the duty OF the money
article reporterS A. 10 procure the monsiary news In
..ue statement in regard 70 stocks3 A. Yes 8. How
long in Wall street each day2 objected to by
the counsel ~ the defence OBJECTION overruled) A.
1ssf acat down 10 M street about ten O'Clock, and
remsn cd there with the exce Of some slight Inter-
ya un.l the las! edition went 70 bss HaG you
about' t0beced to by the counsel for the desnce 2p
the ground that 1t irrelevant Objection overruIedl
habit OF buying stocks every day. Q. what ssock
were you interested in? A. I can't say, there was
4: SousS. 5000 worth o. Lacrosse farm mortasse
bonds my favorite of hte has been government
sssoos NAV That Not &c, s.n fancy
.. What else2 A. Erie was fsyore Of mne. Q. what
else2 Oh don't know speculate "a everything st
great many. Q. Did yoa employ Mr. stebbnss a. Yes
q. Did you ever buy any stock through Mr. Jeromes A.
eas 6s" mue
did you pay for ig A. paid hundred con,s tho
second and one hundred and twenty for third
O. Did you write any articles upon affairs OF this
company A. did; stated they paid dividend pro.
M Cram objected this line of evidence unless the
articles n %s' psoduosd o oSs0So .Ss
than oncsf a: Probably l cid. g Have you
So eass passs wheS Mr. s.0'B Broot: e.
is also Interested O. Have you had any operations
ss AZ N: s....sT
.inouns of .ocks you 10 the habit q carving
Oh, have often been without auy. Q When you went
down Wall street get Information for the Erpr,
article did not inquire the prices OF stocks for
you own inlormslouf A. Csrtaioy; @ Had you an
entire 10 the Stock Exchanges A. had as all the money
rosda 4. had & whs. WAS i about loSisossd to BY
Sss.pp MI. Rso.s " stock ss .Scr ' so sh.
company which would have = tendency 70 deprsss the
stocks A. don't remember. Q. Did not General Dix
sssssmsnts were inocrrscr 4. He did not. ''''
Mr. Cram-I objecs to this stye d examination They
DIX oss e 70 sa
the President OF the Missouri and Mississippi Railroad
ss. IN wSe s bo %
bonds. A, think had Had you any options" In
hvered 70 Mr. Broadhead by your direction A. ! don't
remember O. Did you take any interest In the Chicago
purchase base any Of the s,oc Yes. O. In what yssr
a. Between 1855 and lso3 Q. Did you mske proas Of
did Il was good amount 70 make Q Did you pur
chase options in Missouri and Mississippi bondsf a.
nese Ds options aous Temsmbor g. Had you uuS auy "
operations in La Crosse and Milwaukee, Pttsburg and
Toledo ILLINOIS Central or GaensS A. have had al va
rlous times interests In nearly all the stocks, especially
the IA Crosse bonds A. Yes. James and Ersstus
Brooks Ind myself we're Interested 10 the extent Of
mr. McKeon-Do I speak correctly when say you
"opcrated" in those siockss A. Yes operated Is
mder term M Than spesua!sa or gsmSisS; ministers al
Mr. AcKeon--I want TO show now By the files Of the
Erprs that the plaintiff on various occasions wrote
these stocks up and down just be wanted 70 In
thom
Judge Daly-1 think II would much valuable time
you would ask the witness general question The case
s getting along very slowly, and unless the counsel
determined 10 hurry matters IL win probably be mis-.
trial. The ends saturday, and uness the s
finished before that day all our labor win 60 for
naught.
Mr. McKeon-I regret, indeed, that the case should
occupy 90 much time. The counsel for the plaintiff
stated occasion that he could put In All his evil
dencc In nfteeu minutes JET here the nth day, and
his cage Ii not concluded
such statement The staementb 10 40 untrue a. II was
a.
uh&SnerQY& = ~, a.fsC.. .s14S
Mr. McKeon-f don't mean 10 est excited because the
gentleman has characterized the statement - untrue
The Court, s-d jury, and the bystasde will bear me
witness IL have cndsavored 70 be - Courteous 70 my
opponcnt As possible.
hr. Crsm-I did not know before thai had anything
10 do with the hyslandafa thought were n 4 court