The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-24

Mr. Cram GU the part OF tho plaintiff said be would
10, which would servo teeexpaip matters he than read
Inc follow 10y extract
Aod ihs said deponeni furiber says that since Tho be
sEnns " tho year 1861 and 10 consequence dep0Deut
believes OF the political course OF the New York Epre,
and al It's editors, tho sad defendants the advert sng
bnsues OF said paper has very much fallen or and that
the oliow ing the actual casb receipts from adves
iu lite years 1883 1889 1860 1901 and 1862 respee
ilveiy. VIZ
IN 1868 ....................... Sos, coo
10 1870 DISQUALIFICATION. 60 600
IL 1861 OBSERVATION-DISCLOSURES. Al ,0C0
IL 1862 Observation-Disclosures. 90 goo
That William Fley the advertising clerk Of said
certain depss lon made herein on The 18Th CT
January thai 1.-The receipts OF said newspaper from
sdserts during The year 1868 about S45 ,000
$40 600 that these receipts not actual cash receipts
but merely charges made 10 the books that be could not
state hat proportion OF these charges actual cash
roips and Gcponent further that be informed and
believes more than IS 900 Of the said $I5 900 charged
1858 referred by Fey charged Corpora
iscD advert Ing mol legally authorized and which
30 collected and Tor advertisements inserted gratis with
oct orders from customer and that the actual cash
ieteirs for The said year 1858 from advertising, when
collected will exceed 1871 600 dcponeul further
Gays that he Informed and bel eves that the said year
1853 has tccu profitable and proptoGs for the
other New York, excepting the said New
York Eratss Than any previous year that the re-
cvi L. FROM advertising as web as Circulation OF the
HERALD, Times Tribune, Journal Commerce E.eHiao
Pcs and ether leading newspapers ip the civ OF New
YORK have been very much larger during the said
scar 1868 than they were during any year previous
ic 1893 aud that the receipts OF the New York Express
-
ssic year would have been greater than they
hsso actually beeu but for The dsloya political course
Tho winter Of Ss63 depoueni became satisfied that. 10
consequence OF said political course tee value OF said
1e~sapet was constantly deprec'atng and demonstrated
VIII said defendants and cnceavored 10 induce them 10
charge ise course aud conform more 10 the prevailing
popular sentiment but ~ van that, finding they had
pers,siod what depoueot deemed course runous 10
be value the paper dcpouent al divers times offered
part With bis one e.xth interest therein less
tsan is real value and also offered 10 agree 70 private
sale Of said paper thai lone Of his said oerp
ceped by tho sad Defendants en6 that be thersupon
commenced this suit and depoueut further says thai be
snSoasly desired sought trial OF the issaes
IA the acton that the SAID action reached trial
the calendar Of part Of this court before Judge
Brady The ed d November, 1868 thai depouent 90
tho opening " The that dny present both
personally and by COUNSEL With three witnesses whom
he had previously srbprned and ready and willing
40 Try sad action that be declared The being
called but that he counsel for the cefeadaps the
sd action over for the term the ground OF tendency
81 motion for the sale OF tie assets Of said newspaper
aad 1. the aseet o. the nrm OF and Brooks Co. and
that the said motion was granted Gotw MISLEADING the
srong opposition Of deponept depopebt further
bst be y Informed aud believes defendants Wish
70 try The issues said action at all and will delay the
said trial long they possibly and depopent
tbe says that the truth Of bis allegations with respect 10
tie decrease Of the advertising business and Of
alton aud receipts OF said newspaper appears by be
Docks " said and u tie defendants
cevors thereof, that deponent, by hs ATTORNEYS re
eoesicd defendants 10 permit dcponent 10 The entries
10 tbe books VI The said relating 70 The sdvers
log bsucss the circulation and receipts but that the said
request was refused by tie sac defendants through
their counsel aud ceponent further that he n ad
vsed BY and verify believes that the order Of
screoce 10 this action is cot ~ Gppealahe order, out
mercy for purpose or delaying The plaintiffs pro
osedes this action depopent further Gays that By
ssd orcef o. reference uDl the dismissal Of The appeal
from tsid order the plaintiff val saner great oss ana
vel the loss o! the purchasers referred TO 10 toe
swore before me, this a2d January, 1864.
J. GRAuD TosIEn. Notary Public.
Mr. Cram then proceeded 70 read the affdavits D.
hossrs Bobson Filey and Kingsand clerks IN the Ex.
Oh ect Of the counsel was 70 show she decreasing
tiou Of The paper owing 10 u Encouragement, and be
she circulation bad fallen from fourteen thousand or
ateen thousand down 70 thousand or eight thou
sand Mr. Cram then followed With the peadings from
hs interest 10 the Expres and IL Dstly No
that onesxib OF the interest conveyed 10
Mr. Clark. and not sixth Of two. thirds &c the de
feudasts sllege The counsel proceeded read
Of extracts from the editorial columns OF the En-
ses pager fpsss famustioos q ,he Express we're cscu
lated 70 bring dncredt on the government and the
ty sod rendered The newspsper unpopular and uDprobi
Mr smytbe 10 reply, stated that the andaviis cf bob.
soD, Fiiey and Kingssnd were purely eSpGre, and In
tha witnesses unable to testify understandiDgly
6iuoe then the witnesses have bad opportunity OF
examining the books, aud the defendants we're ready
with frssb sfdavts 70 counteract the impression pro
cuoed by the previous ones.
Mr. Cram thought the Court sboulc exclude the am
davits. TIE witnesses had been examined and Their
testimony before the Court, and be saw reason
Woy they should be allowed 70 make fresb affdav IL
sfser they bad gone back 70 the Express once 10 be
tampsred with, perhaps.
Judge Cardozo said the testimony OF the witnesses
wae exceedingly muddled, and thought some add
toual light night be thrown the subject by permit ng
~ afndavits 70 be read
Mr. smytbe then read the afdavits OF Hobsop, Kines
land and Fhey, taken 90 the 23d instant, 10 show
that when The witnesses examined by the counsel
for the plaintiff they unable 70 testify correctly and
With ful knowledge Of the facts TIE anldavits sc,
forth that the circulation OF the Eprsa IL 900
that, Notwithstanding the increased o. ink paper
cod fool tbe prods Of The establishment greater
months previous The counsel then proposed
o the defendants 10 the pesdpgs q toe plaintiff
read before Judge Hilton.
Mr.. Cram held that the Court should not permit Tie
reading Of aoy further testimony the part Of the
fepoe until ne books were produced 10 court
me Court thought would be only proper 70 bear tbe
ceendaDts fully was necessary 10 have The books
20 oourt The counsel ha0 the right 10 apply Tor order
requiring the production of TIE same
nr. HcKeop said would Do good TO prnr The books
tesre and expose the business OF the Establishment q
Mr. Cram claimed that TOE books would show that ibs
sSond sddavts made BY beesrs HoosoD, kpgslaDd and
NJ kcRsop wanted 10 know wbai The gentleman meant
Ghlns use o. such language he would not eli there
I'D lisleo V sucb language
Mr. Cram-You viii have 10 do no.
NJ kcheon-l vil not or
Jsoee ,foo1o bo1gbt there be potiOc improper
nc gfoouctpp oi the books but be wanted is under.
tocd that the books we're no, Tor ,bs ,rsnscs m sbe
SvDosters He would ourp ,bs us,,a, 80 ,ssu = 80
G&ey enc 10 The meantime lbe oouus< ~. L. ~. ~ ,0s
wokd bave an opportunity 10 exam ne ~ boLs ~ she
psesas1s OF sbe defendants. ~ ~
Wovepssnss AZ General C0rtis-rn. r~..
weather ON the Plains.
LEAvEswoHIH, Jan 10 le6x
General Csrte VIII BE- publicly welcomed here nv A.,
Loyal Lsagsss Of UoIop citizens He sdveo, be,s 70
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