The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-31

ponen. has procured apence b sntsred for the
sSaess and o. sse SAID Ewsrd Ksscha for tAs
reson that interests ~ the creditors OF said ketchum
Son Company as ,s eA, a maze sssd
because attachment Was issued In The raid action
tho 10Th 10Th day Of August las. against the said
Edy ard b. Kotchum which attachment ~ claimed 70 be-
lien upon property which the said assigneos claim 70
be entitled TO- and doponent further says that although
day Of August last complaint has been there
on; that The time 70 serve complaint has been ex
10 consent 10 any further extension
DepoDen further says that there only two Of said
actions, namely, Nos and 10, In which would be In
power OF deponent 70 examine the said Edward b.
Ketchum preliminary 70 the trial. but that said
lions pending in tho Supreme Court and
issue " all the defendants therein; that said
tons Nos J. and H. issue has been joined hsrfn, ana
the same have been placed upon the calendar for trial,
but have not been reached that 10 said acsi,n No
am, Son Co and their assgnsss bnt that tbs SD
has not yet been placed upon the calendar; thai ss has
not been Joined In sd action No A. but thai the aid
Edward y. Ketchum has been under examin lton
S,'nsss on the part Of me plaintiff VIM q
the Goth instant so far as depcnent
is concerned that, however, said action re-
be, according the best information deponent OBJ
tain, confined almost exclusively to the plaintiff therein
and to saio Inward b. Ketchum; that in said actions
Nos and 8, issue has not yet been joined as TO all
the defendants; that since about the middle Of Novem
Dor depoDent has been occupied during all the time
which himself and the opposing counsel Mr. Larocque,
could the purpose taking the deposition Of
the said Edward b. Ketchum in said action No 4; that
deponent has ascertaned from conversations with the
said Edward B. Ketchum what the said Edward b.
Ketchum testify 10 in each and every OF the said
actions except said action No H. and that deponent
verify believes from his acquaintance with said action
and the matters involved therein, the said Edward
b. Ketchum Is material aud necessary Wit
for the said assgnees and the said Kotchum,
Son a. Co. in each and every Of the actions
above enumerated and that without the beneht OF the
test mony Of the said Edward B. Ketchum the said
sgnees and the said Ketchun, Son Co. cannot safely
proceed to the trial OF either OF the said actions;
but tina. deponcnt considers the said Edward Ketchnm
more indspensaby and peculiarly necessary as wit
for the said assgnees and for his late corartnes in
tho actions above mentioned, and enumerated respcc
benefit OF the testimony OF the said Edward b. Ketcum
the said s3sgnees and the said Ketchnm Son 4 Co.
incur serious and peculiar risk OF losing the following
sums, namey:One hundred thousand dollars, involved
in said action No. thirteen thousand dollars involved
in said action No 2; TWO hundred and nrty thousand
dollars, such proportion thereof the estate OF
Charles Graham Co. may be able 10 pay, involved in
said action No. 3; sixty thousand dollars, involved in
said actions Nos. and Din all four hundred and TWEEN
ty-three thousand dolars-besides the moderate
risk which the sad estate OF the said assignees will in
thousand dollars involved in said actions Nos D. Z s. O.
10 and H. and the serious risk which they viii incur OF
having the demand Involved 10 said action No II
established lien upon much hundred thou
sand dollars worth Of the property involved in said other
actions
Deponert further SAYS thst be is informed by persons
in no way connected with employed by said firm Of
Ketchum Son Il Co., any member thereof OF claim
made againi said irm by such persons but yet in
litigation, amounting TO about four hundred and fifty
thousand doars, which claim is founded upon matters
which, fk as dsponent learn, after careful in
curry, uo4 within the knowledge of any member OF
said firm except the said Edward B. Ketchum, and de-
ponent knows that the said assneas have claim which
deponsn believes TO be well founded but which IL not
acquescod in by the parties against whom the same IL
made, Tor the further OF fcrtythree thousand do
lars, N reference TO which aeponent believes the said
Edward r. ketchum 70 be an indispensable witness for
the said asSgnees.
DeponeDt further says that the examination which
hAs already taken place aforesaid In said action No. l.
the said Edward B. Kotchum tnstaed under oath in
substance that the amount Of assets already lost 70
said Ketckum Co by Of operations Of said
Edward B. ketehum prior to August l. 1885,
upward Of two millions or dollars; that The amount Of
outstanding stock contracts in which be, the said Ed
ward B. ketchum, waS concerned on August "a. 1885,,
was upwards OF fourteen millions Of DOLLAR; that de-
poncnf does not know WHARF to obtain the necessary
formation upon which 10 advise the said assgnces
corning many alleged rights and liabilities OF The
in their haneatthouf constant resort TO the said Ed
ward Rstsaam fos lntormatisn as occasion arisss
diligently aud in good faith 10 get ali pending litigation
into such position as 10 enable depcnent either 10
take the evidence Of tho said Edward H. Ketcbum ~
the earliest possible moment after the service Of
plsint when Il cond be legally taksn, 70 dispense
altogether with the necessity cf relying upon his evil
dence
Deponen further says that naming the tigstsaps IN
which the d estate now involved b. has only refer
red tp IN which he regards the evidence OF the said
Edward y. Ketchum AZ material; that other suite
pending for aud ssahs The saia estate in which depo
nenL does isgsr The evidence Of the raid Edward H.
''''- : ''' '''''''' ' Ex. BANGS
No,srI rublic New York city.
RxMA.xs or xn. BANGS.
Mr. Sanss ss.a:-n the Court pleAse, DO no, know
thai il necessary 10 state anything In The way OF a.gp
mont enlargement 10 add ~ the face Of this afen nj
OF facts. The aspiration which mako upon the found
alton nj TITS s.davi Il for such suspension Of iudg
may be reasonable in view OF the necessities Of
the estais which represent. In making tss sppiiua
ton do net resasi ayssf as seeking Tor anything
which can Be -onstr,c IL The light Of favor . the
prisoner. II ins fepsrt which raw 81 VIVA, happened
upon previous occaon in this court ID 20 DC relied upon
has been ayowed * the purpose Of the Court no; 70
deduct tho fnaisentsncc which may be- imposed
upon the prisoner any lmo which no map spend In
tervening between his plea Of guilty and the time When
Judgment may pr3nonnced and in Wow Of that fact
II scs NJ for the prisoner, aud controlled solely
ny wishing 70 promote HIS interests MS convenience
to ut in reference TO his future welfare, should
glove IL - be my duty 10 bring 30 termina-
ton early 3oeziblc tho period Of his pre-.
lIminsry mPr.sonnfnt 1t !, With the grcstsst
reluctance and only under che pressure the OF
overwhelming necessity and duty that Interfere 10 be-
half of clients III the proceedings Of this court at ALL
do JUSTICE and the question il what does justice Que
II appears by the StaoineD Of facts which has been read
thai the prisoner has already boon tho author Of very
serious pccnnary losses 20 those who were connected
with him in bueneas, and the very vrony which the
court viii finally punah b,a oirin procuring those
losses TO his ions Fog the court now deprive
him OF opportunity of making rcIarotiou and for
couri 10 expose his connections for want &c his
testimony at,sse from all quarters made by ~hc
know his transactions willie do know them,
would be- II 20 mo, mersy 10 cousurpsfs and
proiong the wrong and 70 bring 10 . ansl ard vtry
r2FInfn2tsOh NbiOa
proposes punish and which justice requires should be
punished That IL all l have say.
Districs Attorney Hall-E ths Court please, I have
often spoken In ths court upon like applications and
IL IL rot necessary for me 70 repcst them 50 extssso.
Mr. Bangs gnterr1pt.nsl--fhis affidavit Y BANDED 60
me by Mr.. Phelps, relating 10 matter or which have
no knowledge. II ,snds o. f0lcws:---
ArorHRs AFFIDAVIT.
Yae Pscpte Dr., Ssrinf sserrd r. ksieh.S.--Tbe
petition Of Win. waiss Paslps shows " ,is honorable
courthat your petitioner now H. aud, since the month
Of May st has becn Of eours sci iof Kecnnm, Son Co
in civil action pending IN the Superior Court
81 the city Of New YORK. wherein John H. Taylor OF 81
Louis, No, 10 paing that the action Is brought 70
$4,000 which the pisinun alleges IN be- the
Damage he has suffered ny Of the alleged dere.c
ton Of duty Of the said Kotchu cr Co., whom he had
employed A. his agents hrokes for the purchase and
c Of gold snd other sccurtles that In this series OF
prrchaSsy and slea all orders gwen by the plaintiff
IFS sysrts 20 the sad Edward b. Kctohum, and 70 no
ohsr member Of the Gr that all the transactions 81
tho said Taylor With Kotchuu, .on h Co, running
h. NJ