The New York herald., 1864-10-12
SOME SOME length that would b Apopr ~ sss o.us y

| admi. snch ar,~Sn "ou'u % imWopw f0S ne Cvufs
Mr. Cram followed the Other aide, and Insisted th.
Judge Daily said no would not decide ths question than
Des would adjourn the Court until eleven O'Clock the foI
IOWA. "0'"ins ~hsn h would sIte his decision
rHrRp DAT.
ocr HAs the opening Of the court this morning the
argument, interrupted by the previous days adjourn.
mens was concluded by Mr.. smyth Judge DAILY decided
that the question admissible and told the counsel "a
proceed with the examination Of the plainiif "
Mr. CRAM WIN repeat the question put to you yes
terday- hen did you discover
the bill Of sale and che original memorandum On the
2sth of july at Portland, Me- O. What called your at.
tention to ~ A. The report OF the proceedings on the
application for receiver; my interest was then stated
TO be but one sixth Of two-thrds Of the establish.
ment that led discover the error % was there
more than one copy OF the original
C2 A. made copy for Mr.. Brooks and gave II to him.
O. The articles OF coparnership and paper were exc.
cued on the same day yon sayon what day was its A.
January 80 1868 Mr. James Brooks Erastus Brooks and
sssnsoury s,. Were U present. "a Of the purchase
z. Look at this paper Exhibiting No 81 and see what
A. II s The statement, OF the business Of the oace
as hnai settlement OF my purchase OF one sixth OF tho
Ezpres made copy OF and gave to James Rrooks
Mr.. Cram-We offer this saiemen. in evldeuce.
Mt Mokeon-We object, because 1t does not bind
Judge Day-I will admit the paper and noto your eS.s
cepton. q When did you give this statement to Mr.
Brooks? A. AT the time the partnership formed,
January 30, 1853. q Did Mr. James Brooks make
statement Of our accoput and settlement no fault was
FOUND thea, nor since. 2. What did he DO with the
paper A. 1t audited by Mr.. Stansbury the
cashier, and his initials put upon It, What became Of
tne paper No 6f A. II was also audited by NJ Stans-
with the EXCEPTION az Is s made rs
Brooks at the bottom. z. What Is this paper (exhbit
,ng No. 9N A. II statement Of the business of
Er.ress from January to July ls63,he last
made by me. @ Was this memorandum tho paper
when you hlnded 10 to Mr.. Brooks A. II was not.
9, Was anything sad when you delivered il to Ar:
BrooksY A. Nothing than said 1t WAS statement,
Of the business for tho previous six months. O. Did
James Erastus Brooks say anything A. Not that
know OF. O. In whose handwriting are the entries in the
day book of tho Express up TO Jolly 1883 A. IN nine
Q u whose after that A. presume in the handwriting
Of Mr.. Aingsland
Mr.. Grant, propose to read the entries pnqe 10,
which show that the plaintiff credited with oneglxh
OF the PROFITS Of the whole concern and not oneslyh Of
two.thlrds OF il also propose show that page 2. in
the ledger which these entries posted has been
torn out. (thc ledger produced and exhibited TO the
Mr. smyth-We suppose that it was torn out by Mr.
Mr. Cram--I thank you for the statement 1t is not
probable one, however
Examination OF the witness resumed-1his mark the
day book is TO show what page OF the ledger the
entry is posted. i denotes that It may be found on
paga 81 If the ledger, but that page appears to
be absent. Q. ono Of the gentlemen the
did you ao ss "srav NOT when @
you leave the ErprsssY A. Ia July, 1868. O. Was that
page "a in the leser torn out when you were there
II not o. Except seeing these books under order OF
the Court, have you had anything TO do with them since
you left? A. ! have not. Q. In lhe receipt ard dis
bursemen book nd portion of OF the pages torn
out; that torn out when you left the Express A.
1t was not. G. What is torn on A. The amount OF
year 1860. O. Had You anything 10 do with the muta-
lion Of that book A. ! had not. . Do You know who
writing note, dated January 2O 1888, for s4852 %,
firm q. should am en,ry Of that note have been
moie in the lsgers A. 1t should Was ~ =.
given 10 James Brooks by the lrm--any transfer given
him the 81 S52 23 Yes that appears as part OF
The counsel for the plaintiff here rested The examine
ton or the witness and the Court took recess Tor fifteen
cross ExAxfsaros OF TIE PLAINTIFF
By sr. McKeon-Part OF tho books were Kept entirely
sdgers and the day kept by me- the bill book
Is Mr. Stansburys writing; neither James nor Erasts
Books ever sept any Of inc BOOKS 20 my no ne
dated November I, 1883, was sworn to by me. Q. On
page eleven folio re- You state .na ncner
present at the reading OF this ntdavir A. tnink was
a. You state that the hrst time YOU discovered the as
c,epancy between the orr g,nai memorandum marked y
and the transfer marked a, yon we're at PORTLAND A.
Yes O. You state in this AFFIDAVIT at pase nine. iotc
eeven, that you learned II on realing tne answer .!
James Brooks; whish Is corracw hrst discovered Il
ct Portland Maine, the a9ih o. July g How Is that
you TO having discovered n the ath OF August,
thcn9 A. do rot know, there must be some mistake,
FOR vas in Portland at the time; papers and were
signed on the seth OF January 1853.
Mr. McKeon then rut in evidence note written by the
plaintiff February 10 1885, oerrg to sell out to Eras-
lus groeks his est the Errsss for sia 633 o.
Examination resupied--I had written to Mr.. James
Brooks before that che further examination OF this
witness was postponed until the following day
Francis VI. Bangs deposed that hs knew the painf!h
and the defendants In this suit recolected the plaintiff
calling him somewhere between August, 1888 ana
Nay, 1850: don't remember having more thai one IN.
terview with him. he produced as cortantng tho
terms arrangement by hiGh he purchased an in
in the Express he sad the paper had been IN exist
for some time, ana he wanted me y draw out
paper carrying this transfer tho paper he gave me
was blue: drew the paper according to Nr. Cerks
Gesirc, and presume delivered II to him.
Cross eaama ed cannot say whether i maco any
charge not cannot fix the date OF the
any closer; consider myself careful man,
but have made some mistakes; 1t Is my habit when
draw up paper client read It for him and ssk
him that is what he means; dom know whether the
departed from in this instance or not nave no
recollection OF delivering the paper even
Mr. Mckeon-Took At these papers, and e, aud say
whether gulze them not "a u do not. QRead
them and then say whether you ever remember reading
them belorc2 Al have recollection OF making our
auch paper that or A. thnk, as far rs my recol.
lection goes, that Mr. Clark took paper & away with
him. aId made the draft from what he told
me lie wanted than any thing clesc. Odd you ever
see these papers bcfofe2 Afes
Mr. Mrkeon-TLeee paners ore leases of the EyT-ess
building the year 1851, 10 which Mr.. Ciatks name
does appear; tnc building was leased IN tue u,me
OF James and Erasius Brooss.
tyrus L9wi tcposed that ne was lawyer the artt-
cles eoiartucrsbp shown me are IN the handwriting
OF clerk made the draft OF IL ia the nIst
place Mr. Clark eBgaged me 10 do the Work no gave ne
something penc and sfid tho articles wre 10
be drafted that and subsequently drafted what
considered be the pager; there was an aitera
tion or addition TO 10 made in the parers; had them
corrected and eugrossed and then sent copies al tho
partners. -,
Cross examined-At tho tine of preparing the articles
OF curar ncrship had actual knowledge Of any other
pa1cr except tnat marked Is had "A er1orandum IN
per Gil before when drew these articles the
memorandum is In the handwriting OF Mr. Clark
AMER taking some further testimony the Court al
iourned until eleven O'Clock the fcloaing morning.
Cisy Intelligence.