The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-29
THE PETROLEUM CASE.
soNrINUATION OF THE TESTIMONY.
AN AMUSING SCENE IN COURT.
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ALL ABOUT "GOING bN.n
II IL II II ~ A l. 4
&C., &c., &C.
AN AMUSING SCENE IN COURT.


and ludicroas during the proceedings The first
witness
F. C. DAVIS, RECALLED.
ExamisedQ Have you copies of your account with the
defendant Mann? A. don't know that this is a correct
copy it lisa Oh drart-contans portions Of the account
anyway Witness produced the copy referred to.l
cannot say 1t is a copy OF the whole account De-
tween us; served Mann in all; commenced, l tmnK,
on the lst Of November, and ended at the date
of our settlcEsent, think the LIST of May the
settlement was made the LIST of May, but was not
concluded till May cannot tell the whole amount of
money ! received from Mann during that time wit
ness consulted the rough copy OF accounts ana repeo
think about thousand three hundred dollars IN cash
@ What ON account of 2lst day of January, when
YOU commenced with Mann under salary A. think
commenced with him in November; left the army,
think in the middle of September; was engaged at
intervals from November in closing up my army &C
counts @ When did you enter upon specGc9 A. Con
s,dcred myself under his employ from the 1st of No
vember; received o from him stating this agree
ment but was 10 have some time to settle my other
accounts; il was understood that my salary should be
going from November. Q. Did you not, prior to De
rembcr 20, when the understanding of agreement be
entered upon, effect sale OF 1000 worth
of accoutrements? A. cannot say that did so
myself but with others did, and it was understood be
that my commission would not depend upon sales
effected only by myself q Did you not receive 900
from Mann commission the sale Of these 1000 sets
of accoutrements compensation for your services at
that time A. | received 81 800 both commission and
salary no definite amount was paid me Tor com
mission independent of salary; did not receive
at any time 81 coo for commission but received from
him Of money that were to oe charged against me
tor commission ana salary when went on WIN Mann
only to be paid when he got paid his accounts but some
times he paid me some moneys which thought mad
ov srpad my salary and something on the COMMISSION
due on the sale of the nccotYements, and put these
the payment Of the double accounts before the
LIST of January according 10 s paper he paid me 500
will not swear that is all but to the b,st Of my know
ledge it is 5000 Q What percentage were you to have
for the five thousand sets the sale OF whchyo ehectedY
thousand ssts that effected before the LIST OF Jan
nary for all subsequent orders obtained by me was to
receive twenty-five cents Tor every set WI after tMe-
iy thousand effected for the cavalry, when
Mann thought they would become altogether used;
i've thousand sets ordered after the first Eve
thousand BY your aid or assstapceY A. used my Efforts
IN getting all the orders for the cavalry accouremehts
all the time lett; don't know the date OF the contract
for the second five thousand never saw the contract
and don't know the date when was obtained had no
understanding with Mann that should not nave me
priv Of a commission upon sales sixty dzs after the
LIST OF January Q You cannot swear that you had any
claim for commission the sale OF the second live thou
sand seis2 Objected TO- A. believe that have claim
Tor commission that SALE but cannot say that ever
received it O. Did you other sums from Mann
than those you speak off A. did; but they are all
credited here on this paper @ Did you receive other
salary? A. All the money ! paid by him was for
commission, salary and expenses.
Mr.. Stewart wish could Lame the officers of the
army who have been swindied in this matter
Mr.. Banks-Narne them. It's all clap trap.
Mr. Stewart-Oh, you don't care
Eeccived.
O. Did you not get a 1000 stock which TO be
given TO military officer for his services in getting
ordersS A. No. Mann, at the starting of the company,
wished me TO all my influence TO get in the officers
and to me to state 10 an officer that he would give
him s., 600 stock for 81, 600
@ Was not the understanding that the other 81, 900
for his services the company A. told the officer
Mann would give him 81 600 share for 900 If be
got other officers in with him. may have told Mann that
this officer had influence in the cavalry service agreed
with Mann that should represent this matter SO as to
get the officer into the oil company told Mann he would
be good officer advance his interest in the company
DIFFICULTY ABOUT "GoNG oN"-A THREE
HANDED LEGAL JoUsT.
Mr. Stewart having concluded the cross. examination
of the witness Mr. Banks having few questions to put
10 him on the redirect but not being prepared with some
iourncd On this the following legal joust occurcd:-
Mr. Banks-Are you through, Judge tstewartr
Mr. Banks-I am glad OF 1t; let us adjourn.
Mr.. stewart-No, sir; what should We adjourn forY
Mr.. Banks-For an adjournment, OF course; have
not now some necessary papers which IT Is importantf
should have to Ego on"
Mr. stewart-oh. Ego on" with you
Mr. Banks-I will not go on, sir; you did not go on
with yourself when we pressed you. You talked of |
and witnesses ready "go on sir you would not.
heard for your not doing so but will that
you had good %s one SSw let US adjourn
Mr. Banks-wcli, go on" then, and let us know |
any you didn't !" 60 on beiore' 1augsterl
Mr. Banks-And now you pirate about little delay |
when am not ready u "go on" Why wcrn't you |
morning.
Mr. siewart--It wasn't to 60 on ill two.
Mr. Banks-0ne o'clock, sir, and you we're not hero |
ill twenty three minutes after two.
Mr.. stcwarI-Halfpas one, then, III say am sure
for hal. past one.
Mr.. Banks say one, sir.
Mr. Stewart say half. past one, SAT-
ENTER JUSTICE DODGE.
Justice Dodge-Now, then gentlemen, arc you ready |
Mr. Banks-No, sir.
Justice Dodge-which is IT, gentlemen feady or not |
readyf
Mr. Stewar-There's your witness
Mr. Banks am ready to go on, with him. but
any questions to ask himf
Mr. banks-Yes, sir, but
Justice Dodge-Ncver mind the "buts," Mr.. Banks, |
but just ego onn with him
Mr. Banks-My papers in the case are all at home sir.
Mr.. stewart-Oh, this Is all farce sir, all farce |
say. Now Ego on with your witnesses, he's yours.
Mr.. Banks-I tell you Ican 60 on without my papers;
you can keep on with him yourself II you like
Mr. Stewart-You have mt paper worth straw, sir
not one Now, then, ego on, please. (I.aughter)
Justice Dodge TO Mr.. stewarl-Have you got through
with hlmY
Mr. stewart-Yes sir.
Justice Dodge-Now then, Mr. Banks once more !
say 'go on with him now, and nnish him on
ar. Banks-Judge It's wrong 10 force me TO Ego on"
Mr. stewart-You have had time enough TO get all
Mr.. Banks-TbIs is most unfair
Mr. stewart-what is that you say, srf
Mr. Banks-I am not addressing you, srf
Mr. Stewart-"Go on tbon, sir
mr Banks-Come; let Us take recess for i've minutes
now
Justice Dodgc-oh. yes; for Ave minutes.
MIR Banks-And while you gentlemen are down stairs
Will quietly look over my papers and see what nave
got Qaughierl
Justice Dodgc-Lct me understand tho whole thing; IL
you don't Ego on again to-day you say that you VIII be
ready 10 Ego on tomorrow morning; you can 'go on"
al hall past eight " you like gentlemen VIII you have
your witnesses ready " ego on" 10 the morning, MI
Bankp2
Mr.. Banks--Yes SIR will be ready to ego ON with
Mr.. Goodrich
Justice Dodse-Now, are you sure he'll be hcrcf
Mr. Banks--Oh, ycs, sir.
Justice Dudge-How long will A take YOU 70 ret
through with your Witnessed
Mr.. Banks will finish II MP with Mr. Davis In
very few minutes, and after that won't take long
10 get through with Goodrich.