The New York herald., 1864-10-12
THE RvEN1Sa EXPRESS CASE.

1 on tno St0mQ-Hn AessA
meny In Regard to the Mutilatfrn oi
the books-Curious Disclosures, &cs
COURT OF coMMoN PLEAS.
sxooSD
Before Judge DAILY.
Ocr. l0.-Nephen r. Clark u.s. james and Erast,a
Brooks.-rhe effort to obtain jury in this somewhat
ceieprateo cause was resumed this morning the open
ing OF tne Court Nine jurors having been empanneed
on Friday, only required three good and lawful
a. Ssate 70 complete the list The 1rst three jurors
ca having never heard anything OF the before,
sre A cepted without objection either side and thus
All d,nlcu y OF procuring jury removed. Having
ansveved 4 their names, tue jurors wore entertained
with the open ng speech Of the counsel for the p1nt
as follows go - -
Mr. Cram IN one, ing the for the plaintiff stated
that IL a crsh ~ one as might be inferred from
conduct OF the couBs on The other side in chaong
ino the irrors Inn siaIy question Involving dispute
to certain property. Prevo 70 me year 1855 the New
York Express was owned by J ues ana h Erasus srooxs
tus ono third Prior 10 the painia purchasing an in,e
rest in the concern he in the EMP ot ths ae
iendau;s 10 the month OF November, ooo' tne pintin
purchased ono sixth part OF the pre- from James
Brooks. Now Mr.. Brooks says tbat ii vaA ohesxth Or
aixth OF the whole. The Issue TO be tried is wnM her tns
interest was one sixth o. twothrds sixth 81 Tue
wnoo. When the purchase was made Mr.. James Bro
drew up the memorandum himself and gave II to Nh.
Clark who had il copied, and this copy was signed by
james Brooks From that time until January 1862 there
any other paper sgred betwecn the parties
The memorandum signed by Mr. Brooks is very brief.
Il is marked 'sC in the papers, and reads folows:
II ( ID and asrsd the % ssv or
r, s st he & On .ee iss day q January ~
70 r s a. % y hsfo M hs M as % be 70
paid Dy said CLARK the delivery q this memorandum Of
1t IS also agreed that for said carK
Dated ana signed at New York Nov 80, 1852 nooe,
IN no hacx lie ie
for the money, as follows
Nrw YORK. Nov 80 1855
asr g IN ,wo equal amounts dms I
asAs"' . SOW "e''0"Sl = ne JANE JAMES sBRooRs
This 81 500 paid, ard the balance remained to be
paid thereafter Mr. Clark entered the establishment
and became of the partners and received the salary
agreed upon Matters went in this for four years
In 1860 Mr. Clark oolshly thought that il would be
necessary TO have legal document from James Brooks,
based upon the memorandum IN question. He had paid
up al ne pufchase money ana lhought u pest 10 protect
himself by formal conveyance accordingly be went to
alawyer na,ned Bangs and handed him the memorandum
snd asked him to make out transfer from that
Instead OF trans erring one sixth Of the whoe this law
yer made transfer OF onesixth OF two thirds Why he
did cannot imagine; but we shall have him on the
stand. don't think his statement will be very clear
one but, as he Is honorable he will tell you the
truth as far as he c1n recoect, Wel, Mr. Clark took
executing it, 1t remained In his desk FOR three years
without being executed. whom they had settlement
about Tho profits and employed an accountant named
Weci TO make settlement OF affairs for the four years
saosas ~ s Z & syGa @'s hs as wsoe
There dispute a. this time about claim which
James Brooks had against the city FOR $500 which was
left the assets and aso in consequence OF some old
debts the having been pail out Of the assets
when 1t WAS supposed by r Cars inat Inc paper was
free from debt when be made the purchase Up to this
time every act ard every paper drawn up coornod nv
client the Of onesxth OF the whole of tho es-
tabisbment II IS true he had in ne possession an uu
executed transfer, whioh, by mistake conveyed to him
less than his actual share. in January, 1853, a new
pari nership entered irto and curing that month
new settlement, was made with Iarnes Brooks. and my
client credited with one.sixih OF the profits.
Up TO that moment no QUO disputed that he
the owner Of ore sixth OF Tho whole.
when the ne1 partnership formed they employed
lawyer, nsmed iawton, who received hts instruo
tons from both parties. Ny Client in an unfortunate mo-
up by Bangs executed and that Conveyance
which deprived him OF less than his scus share the ar
tioes o. coparinersnip wets ;oTncd soeu ai,er this
OF opinion betw 8aD Mr. Clark and the Messrs Brooks,
who chose to trea. him as subordinate This produced
DISSATISFACTION and correspondence took ace betwe
my client and his paacrs upon the prorrsy OF dssovng
The partnership h Clark oered to gel ont his late es'
FOR what he pad them bat they refused TO accept tho
offer, and there being ro oiher way OF setn. toe di
c1lty, he applied 10 Tho courts for redrc He came 20
my office and drew up tie complaint a; attached to
the conveyance drawn up ny Bangs here we made an
other take. One complaint showed that We caiaed one
showed that cny entitled 10 cne-sxth OF two
thirds / hnd attached the wrous paper sbonld have
attached the original nemoraudum m rsed wh ch con-
vcyed on9sx'h OF the Whole. Wei, .ir Brooks comes
with answer that he never signed any transfer
except nat marked ?, which you viii recolect was the
paper drawn up by Bangs, and which, by mistake, de-
piyed my client OF twelfth Of his interest. When
original memorandum Is shown Mr. Brooks he SAYS
lie must have signed it Willingly, that ne was IN the
habit OF signing great many papers brought % him by
Mr. Clark and must have signed II by mistake. II l. al
Insult the Intelligence Of the jury to suppose for inc
moment that decudaut could have been guilty OF
hing foolish. Wel, tue Brooks Brothers were ap.
pointcI as receivers pending the htg1ian. ard
ss,pce the middle a January last they have
conducted the business OF the establishment re-
% we'd all the asets ard paid al me expenses.
rha ,,xpr Cf
lyers that the plaintiff during his stay in the Erprss
tGice had accumulated $4,000 by stock operations,
ccrmen with the other The 10 that is.
The articles copartncrsp did not prevent the plaintiff
m entering stock operations any more than they
did James Brooks from investing real estate We can
that he lurchased m elegant house, ana II the
tianta is divide what lie made III stock operations,
defendant must give Us our snare Of the real estate
en- nierprse. Tho clunsel, in concluding sad, although
the Court allowing the receivers 10 carry on partisan
newspaper the dctrnient Que OF the partners, he
did wish 10 drag politics int the so there
was no politics the case and the jury there SIM
ply 10 try question cry between two citizens
fno counsel then offered ~ evidence the original memo
randum made by James Brooke, dated Nov. 80, ls11i
which he read in his cning.
M smytn-we OBJ o., TO the introduction o. tho paper
ou the ground that not attached to the poaaings
ard does not form one OF the Issues TO be tried
Judge laly anuounccd that hc would admit the ev
lhe counsel for the defence excepted % the ruling OF
the Corrt Exception noted)
rho articles Of copsrinershp, dated January. 1893,
giving James Brooks onehaif OF the paper, krastus
Bf1ok ooc third aud stephen I. Clark sixth were
then evidence, under the objection OF the counsel
the defence.
The PLAINTIFFS RyiDTHcY.
stephen Clark was then called TO the stand and
testified folows.-I was IN the employ OF the de-
fendauts prior to 1919, in 1855 resided at Port
laud, Me-, aud had an Interest In tue Portland
Adr s,ser discontinued my connection with that iaper
IN that year, however and wrote 10 Mr. James Brooks
with the view OF purchasing an interest IN tho ESsrs
camo 70 New York and told Gr. Brooks that would
ike TO buy interest in the paper. and he SAID
he was willing should do so, made an examn.ton Of
the books in the oce which mad not been written Up
FOR many months, and found the Affairs somewhat con-
fused much that was obliged to take the paper on
speculation He named $40 000 the value OF the paper
aud agreed TO sell sixth OF tho whole al th rate
objected to the small amount, aud wanted 10 purchase
oneour,h interest but he told that all be would
and that when he let his brother into tho concern he
would ony sell him oue.taird tod him would
like have a greater Interest than ope-sixth, and
would not remain long partner unless could pur-
chase a greater one. Mr.. Brooks then drew
up memorandum ia lenci which ! copied,