The New York herald., 1864-10-15
THE EVRHING BxPREss CASE.
EzenslnstioA< OF James Drcohs he-
aGamsa-His vsrsion OF she Psrsnershap
And aeeck Operssions-GensrAlD Ola on
che aaa md. go. NJ


ana sssok Opsrssions-Gensral Dix On
che n9and. go.
COURT oY COMMON PLEAS.
Before Judge Daily.
Ocr. II Clark Brooks-The trial Of this cause vas
resumed this morning at ten O'Clock
EXAMINATION JAMES BRooKs CONTINUED
q. What amount OF salsry hadMr. Carkss A. He had
500 per year from January, 1885, to january, lSos
The payments may b found In the cash book. o What
was that salary paid fort to- ths ground
that not a shs sues 10 be tried II had already
been proved that the plaintiff partner In the
tabishment and they could not seek TO prove that
hswM . mere empoye. Objection sustained) Q. Was
there any convcrsaon between you and Mr. Clark to
what he should do for tins salaryf A There was; 10
November or December 1885, mis- salary was nxed upon;
told Mr. Clark shat Was not business man. and that
wanted TO attend 70 tho business Of the ofos
said they had such man In the HERALD, Tribune and
TIMES, and wanted him 70 take that position;
also told him that l wanted him 70 attend 70
Wall street matters; said that I would give
him q salary equal to the business mea other
papers; understanding ~ 70 how bong he
would remain IN that position. @ Was there any CON
versaton as 70 the mode OF paying hssxth Of share
OF two thrdss A. stated 70 him that wanted an en-
ceut manager n the ONCE and That was willing 70 se
him onesixth or my share Of twothrds, provided hs
to the business or the estsbshment told him thst
looked upon his interest grssuity almost and that
when the profits amounted esiosoo 80 900 be could
pay up his interest," the salary was fixed at oo and
the interest which he had in tho ypr9dts neantss
stimulus. O. From 1856 to 1858 did he claim more
than 81 500 Year, A. No. O. Did he at any time prior
to 1868 claim onesix Of an interest In the papers A.
Never my knowledge. @. Did he claim. prior 20
January so 1861 right TO- one eixth of tho whole
ppS sam a Of s w1oe Not n his suit
O. Did he ever present TO you any paper
from November. 1855. 70 January, is6S, In which he
Mr HeRson here read Statement Of the business Of
the Erre from January, lS48 70 january 1856 10 show
that James and Erastus Brooks we're the only M
terested in the establishment O. Look at this paper
marked exhibit and say II MIR. Clark presented II to
your A. Yes this first satemr hs made OF the
business from the time hs into the arm. O. Wore
exhts "a, 23 aud 20 delivered TO you by Mr. Carkf A.
3 as0s e. sssS
the tweed account G. What s the meaning q tho last
Clark had SALARY Of 500 year. and if he overdrew
his salary II charged against him.. O. Look a. ex-s
O. iooK at exhibit No 81 A. I never saw Il before II
brought iuto court ! 1t differs entirely from
sn' Sas1ss sheets ss
do tho pencil marks on tho Weed account meant A.
There question between my brother and myself es
old debts OF she copceru and my pencil marks
that Lob ected 20 the mode of computsti1n. q.
Who brought that paper to your A. Idon1 know. Q.
What occurred when paper was signed. A M Clark
said he would like 10 have larger interest IN the
that SIKH Of two thirds He wishedto have
half OBJ ectsd 10 sell ha but saidI would sell him
one sixth and upon the conversation this
agreement made.p Itod him that the paper had in
20 ana h y
the whole for twenty i've thousand doars and be agreed
TO take t. Had tho thirteen thousand three hundred
and thirty three dollars and cent been paid
up thenf A. N had NOT. and never was paid O. Look ~
acconnts Z. = and g. A. nsvs. saw thcm before Q.
the exception Of the Grst year these bills do not
with tho synopsis book. Tho book dinors from the
dollars snd t .eniy eight cents q Look .. this CASH
book and see II there are any entries there Of Mr..
Mr noKsonwe oaer this cash book IN sv,dsncs
Q. How was Mr. Clark TO pay this S2S Oo0f A. s.sd
valued the paper then at 900. and would sell him
affairs OF the Office: this n the latter part OF Eece
oer ls62 he agreed 70 give that amount said that ha
one sixth OF twohrds had Increased in valuo suce ho
purchased IT, and alter hesitation agreed that his
claim just; then figured the thing up and pur.
chasing sixth would DO my debt IS 3s4;
relative and said he would be sbio 10 ply the amount
=. a be ever pay you TINS sum 4. hs dla not nero
tiuno OF this conversaSion. " tas 4 N
Mr.. McHeon--Never mind them now a 'aea ste.fa
Mr. Cram--l want 10 zee those figures ite@ te safE
Mr.. McKcop--I decline sbo v ing them 70 you now.
Mr.. Cram-it is my right 20 SEQ VIII pre baby want
The Court decded that Mr.. Cram had tho right to
O. anime the papers. e5f 4 H 2s".cM
O. We're these figures shown to Mr.. Ciarks No;
tsken at the me which had iittIe or DO meaning in
them. O. Tho books which have been produced horo
books o. the Office, how many Of them nsve you see1
saw constanty-amost every day; also the synopsis
book, which shows the receipts and disbursements for
every month; formed my opinion OF the business from
these two books the ledger and day book DO pr
vate books; them before January or Decem.
ber last q. When did you last themf A. dou's
really recoect seeing books until saw somo.
thing in the newspapers about the books being mutated
have in your bands ever submitted by Clark to your A.
No. 9 Did you ever see any private account
VIII you look at the alleged mutilation OF
the book and say whether IL was mutilaed by your A.
II was rot done by me. Did ycu ever direct It to be
lated Grsts \. While was IN Washington; saw IL In
the ewspspers O. Did you ever direct or nsnulte that
ner 0. Look at the synopsis book Tor 1850 Did you
ever mutlate thaH A. Never, in any form whatever. O.
Nv orcasn a. AZ
hat object there could be In mutiiatng t. O. Exhibit
No. did you mutiate that or cause Il TO be doneY A.
did not Is that paper in the same condition as II
was when you received p A. should say 50. @. Wera
these papers kept in tho safer A. Yes. q Where s the
safe situated? A. On the second hoor. O. Where did you
do your business generally A. On the top noor @.
where did Mr. Clark do hts? A. On the ground floor.
q who had the keys the safep A. Mr.. Clark / sup.
pose; kept key the safe in my ne O. Mr
Clark says you supervised his manuscript how "a thar
abe money reporter was Ie, to himself pretty mach
account OF the hurry 10 the type bot IL
there was anytbng wrong, my brother and myself
rectcd IT, IL would be i'm possble for editor read all
tho manuscript OF aday paper those having charge OF
the acren departments do it, O. IND General Dix ever
complain of Ar isrks money articiess He did 70
my brother, q. What transpfredS llt fs !
Mr. Cram-We object. f.4 a6eaw .1t fNt
, Mr Nchcon-We want to show that Mr.. Clark wrote
incorrectly about company OF which General Dix was
the President h#9s6o'l8 l1a|
TIE Court ruled the question out on the ground that
what said TO Erastus Brooks nadmssble at this
stage OF the case M.tset 6e4F st8i
q Did be ever compain TO your A. think he wrote
letter 90 the editors OF the Epress upon the subject
Gen. John A. DIX deposed f0llows-Q We're you
connected ut time with the Missouri and Mississippi
RahoadY A. was, from 1882 TO tho present time ..
Do you recolec having versation with editors
or the Express in consequences n what appeared in the
money article relative to the Missouri ssppi
Railroad (Obccted TO by Mr.. Cram on the ground that
IL oot shown that the planiin present.
The Court decided that the should be modified
Mr.. McKeod--Had you conversation with Mr.. Clark
upoa the subject embraced Ia OF the money articles
Of the Espr5 IN 1867 A. article appeared In tho
Erur,0 compjalped A being uptruo and cal.