The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-01
SUPREME couRT-sPEcaAL TERM.

A0ser u.s. Polhdneus, Jackson, ana O'BTten
herlo-This is trial of feigned issues out Of the
equity eide Of the court to determine whether large
judgment Of about $1s5,oOO obtained by Polhamus
and Jackson against william Moser was obtained by
fraud, perjury and suppression Of the evidence Of
witnesses. The issues were ordered 70 be tried by
jury, but the counsel having consented to waive
jury, the trial comes on before Judge. The
plaintiff Moser, who endeav0rs to set aside this
judgment, claims that Jackson POhamus sued him
ass IN Gae IN MANI
happened in February, 1857, they owed Jackson h
Polhamus on advances on that stock, the amount OF
this Judgment. 1t Is claimed by Moser that when he
and Rea were sued jointly by fraudulent arrange
ment the plaintiff stipulated that II Rea would put in
aS m Sat hey 20 e
would make all the money out of MOser and release
Rea. Rea put IN no answer, and Judgment was o.
TO whom alone the case was referred. 1t is claimed,
on the part OF the plaintiff Moserand Rea, 1t ia also
alleged will substantate Moser-that the latter had
no connection whatever In the transaction, but that
IL was pure cOntrvance and fraud TO make Moser
jointly liable with him. Rea.
There are produced on the trial the original 'sae
notes" which show that the stock was purchased
not Jointly. but that Moser had purchased for him.
self nine hundred shares from Jackson Polhamus
OF Pacific Mail stock, upon which he paid cash
margin of $4,000 and has never had returned to
this Judgment against Moser besides. This action is
to set aside this Judgment as wholly fraudulent
Ex,Jadge Edwards pierrep. and =: w. slough:
Sanford for the defence.
1t appears from the opening address Of Mr.. Pierre
pont that MOser Is furrer and was a neighbOr OF
Rea with whom he became acquainted In 1857 and
that in February OF that year Rea introduced Eugene
Jackson to Moser, and suggested to plaintiff
venture In Pacific Mail stock saying that there
money to be made; that there pool in II, with
Leonard W. Jerome at the head; that Rea guaran-
teed MOser against all loss; that on the 18th or 10th
OF May following Moser purchased 5000 shares OF
Pacific Mail and lost very heavily 1t, about $780, 900
in ALL that Reas guarantee was vaueess; that subse-
quenty MOser, In company with Rea, called at Pol
hamus 4 JacksOn's office, and that Rea ordered
Jackson Of large amount OF stock, and that during
this interview Rea and Jackson had private
conversation, and short time afterwards POlhamus
Jackson transferred several thousand shares OF
Pacific Mail to Moser and Rea, and the stock expe-
rencing heavy fall in the market the sellers lost
about $4,000, for which suit was brought against
Moser jointly with Rea, and Judgment recovered
against him. Execution was issued, and the sherih
Levied on Mosers properly TO set ASIDE that udg
made atidavits In the case, which they cOntradIcted
entirely in subsequent afldavils, and the purpose
for and the manner in which these aifldavs were
made will be best shown by the evidence. 1t Is
claimed by some Of the counsel that there has been
perjury, and subOrnatiOn of perjury in the matter,
cot no mean order" and that somebody will in all
probability make acquaintance with the Grand Jury
before the affair is finally disposed of.
George +. BriltOn the first witness sworn, testi-
fed folows:-I reside at 81 West Thirty
street, have lived in New York forty years; for
nerly broker but am now In the mining business;
this affidavit, dated the end OF May 1865 Is made by
myself and MI: Charles Malson Ihad not then seen
and was drawn by me at the request Of Mr..
stoughton; | have never yet seen Mr.. Moser to
to by myself and Mr. Madison the on Of May iSss
was signed by me In Mr. SandiOrd's office In Broad
ways went there after four O'Clock In the afternoon;
the alidavit was being drawn when got there; no
part was read to me until IL was all completed; was
not asked what would swear to before II was pre-
pared.
The examination Of the witness was here sus.
pended, and
John X Porter was called as the next witness
and, being sworn, testified am counsellor at
law: appeared as counsel for Polhamus Jackson in
this suit, associated with MIR. Sanford, In the mo-
ton before Judge Cardozo; after was retained the
afidavits which had been prepared were handed TO
Inc and were IN my possession for examination until
the dny assigned for u hearing before the judge on
that day Mr. Sanford when he came into court men,
toned to me that he had met two Of the atiiants
whose anldavns tsd and; ana tlat daey oesred tney
davts did not state the whole OF the acts that these
two witnesses had prepared anidavits for them
selves and sworn TO them, containing what they
claimed TO be the true state Of the facts and giving
the explanation which they deemed due TO them
selves; Mr.. Sanford on reading the affdavits
said that he thought they stated all that was mate
rial: on reading them i cOncurred In his view, and
concurred with him In the opinion that II they did
not lsh the other adavits used they ought not TO
be used. lie then called my attention 10 the fact
that there was an error in the emitting OF the cause
ia the afidavits which had been handed TO me- the
motion to on, as we supposed, In very few
mlnutes said 1t was not worth while TO have that
error corrected that IL would he suficienI II he
would attach TO IL an affidavit OF his own stating the
circumstances under which they were handed TO
me: that his afidayi would be entitled in the case
and had no doubt the court would regard the error
In the title as immaterial; | suggested to him he
should add they had just been handed to him, a. an
explanation Of the fact thai he had not had the
corrected he drew that affidavit accordingly.
and IL was used upon the motion; no re-
ference was made 10 the afrdayit to the former az
ndavlts for after the notice received through Mr..
SANFORD deemed II unfair 10 the witnesses to use
them, and so advised Mr. sanford; Carroll after
wards called on me 10 have me fettirn the original
or irst sfdsvits: told him IL would not be Just 10
do So that did not think they ought TO be returned
10 niin because did not know what might be his
Ys1a ffona In nj a
IDENTIFY, according 20 his own showing, sworn to con-
Trajectory statements, and there might be occasion
TO produce these original aiidavits perhaps for his
own vindlcati0n and perhaps for other purposes he
acquiesced In my not returning tlem.
Brtton w9s here recalled and resumed as fol-
lQws:-On the afternoon OF saturday, Soth OF May,
stepped ont OF the hallway Of Mr.. Rea's ofllce
there met Mr.. Madison, talking with Mr.. Raphael;
Mr.. Madison called me one side and said he had
very unpleasant matter 10 disclose 10 me in refer
ence ~ an andavlt we had made In the case: said
Mr.. Raphael told him We had detectives and shadows
on our track day and night: that We we're threatened
with arrest for conspiracy: thar the men OPP
posed 10 us were of large. means aud had
he was informed We were likely 10 be
arrested Immediately, hut that this could be avoided
II we would go and make counter aifidavlts: was.
OF course, much excited to hear this, and Knowing
my Inability to contend against these moneyed men
] went Win Madison TO Nh Sandford's oilce
srmed Madison hat GU we could get ont y By making
counter aridavits: Raphael stated that he acting
and there signed the asidayi,s OF the acth; under.
stood I was TO be arrested by Polhainus
Jacksons for making the other affidavit:
was told that papers we're then being
prepared; that we could not anord %
contend them and their influence, and that
the signing of these ai'idavits would end the matter:
Mr. Jackson came there before the afildavits were
signed; while there Jackson HANDED piece OF paper
to Raphael. which he showed 10 Madison and
looked at Il; I, was check: think II was for t5oQ
signed by Polhamus 4 Jackson; Jackson and had
quite long conversation there: IL was before we
signed the aliidavit his principal conversation was
against Mr.. Neas character: said Rea was q great
sCoundrel and liar; Mr. Jackson stated that the
versaons stated In the first afidavits were incor-
rect, that there were such conversationsi said
thai affidavit referred 10 what we overheard In
Mr. Rea's ofce; ] said the last aindavit did
not embndy fhc facts OF the case: I said
20 so Mr.. Jackson: I said Tits before
-woTe to 1t: / swOre 10 IL under Intilnide
ton and 10 save myself from being arrested I;
thought might I've arrested that day: said amer
Mnd mt a-flLAIt thnt 70 IN