New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-13


Auction Mart, No. ls3 Grsvier street near
sCamnde,et. household furniture, etc.
Local Intelligence
.coSrtSu. a ION or Z. THE sMHAs-ExLEr
C,sg.-Witnesscs in this suit. appeared be-
fore Recorder Houghton yesterday. when
the following additional testimony was
taken
W. w. sCharleton testified that he had
been in the employ Of Elnlcya Mahan &
Co; was engaged by the Messrs. Emley;
was employed there during the latter part OF
September or October; previous to his en-
gagement he applied TO Mr., Mahan for the
position of b0Ok-keeper; witness Presulncs
his application was rejected by Mr.. Ma
han. as some one else had been selected;
Messrs. Finley assigned witness TO the posi-.
ton of cashier; received and paid out all
1noney that came into, the ,r house;
also acted as receiving and shipping clerk;
received SIS, OOO from Mr.. Mahan; received
nothing in the shape OF money for Messrs.
Emlcy; during the term Of the partnership
the Emleys gave me money and told me to
credit them with 1t; witness kept a petty
casll book. that now in court; the first entry
in NV book to tho credit of the Mcssrs.
Emley was ON the frAt Of October. 1869,
that money was actually on hand, some nine
hundred dollars, land the firm Of Emley,
Mahan & Co. enjoyed the benefit Of it;
during tue month Of October, witness re-
ceived and credited the Enleys with what
they told him, -, l94 in eash; the items
are IN BOOK OF Cmsey 49,; tnat en ny
was made last Oclonefi sne cns!y " 0n itS
cpposlie agescnasglnS Im1ev = w. WI
I'D o., was nsao Ut tne ea !as .. ~,
witness does nos Know OF VIVA. ite -. .ne
sHtso' tOok AtIrvu I. ~ Iasn 49, y. - E.',i',s!
20. ana cnteroa ~ On tos oocEs " .au ~
Manan q Co.; kept tee oooks OF , eM.ey y ~
up TO tine thirtletn q OctoOer' 4ceE va w ~
Qaad ior keeping INC noCSs ~ 1'Isscs 49,
amer the dlssolutso1 OF tno nIni teo .I.M =.
FINLEY 4 20: was diss0ived AZ Eng l LING .na'
the nrm OF Enley, Manan ~ ov III
menced; received NJ pay IOr AcePus tuo
books OF Emley 9 70; tne ooVss - - s'I E:
4 20. were kept n tne same once ~ EN-! Em
ley, Mahan q 90; the goOas wfIS receN gu
by Emiey. Mansn % 70, anu snPi. ...
and SOLD % sucn; nccosuhS 20 my
cash book II produces oaence Oh tWehty-
'aaX dollars: fhe nrst entry witness IN, ni;"e II.
this cash book was January TO- io'o hept
another cash bOOk; Doth are now IN court
rgbr ~
all the receipts that witness put in the cash
book belonged unfortunately to tmiex q
20, anu W nM I.o ~" """ Fm,cvs to
make the entry creditiug the firm
with the sum OF SO, 90; it is witness,
impression that 1t was the cash MT MA yam
aeon Sontemher n 1855. Is. according to
my impression, the 6rst payment made by
Mr.. Mahan of SSOoO cash; one OF the Emiey .
instructed me 70 MAKE AK tnat ens; sl th ~
entrv If Si5 "a II on naces two and three
of journal A, by instruction of one of the
eook soriesponung WIN ~ cue r o entries JT Of
cash received by him; have made no altera-
tons in the books. from my
rec9iection; me casn oSok uoes nv. So" ~"
no, au ~ that A trars.ct;ons of the firm
were entered in other books than
those now in court the money ina, that
t.ey afew o a;a Ne~ NV. r0 o.s tI p w;tness'
hands: presume the debts alluded to as
being paid or exchanged in New York were
the debts o. Emley, Manan = 70 , m.mess
Ia, ~ .ntr;as svsue made in Mr. Emiey's
I'll af "'''' " $50 '''-~'
Ar penn;mar practical book-keeper
tas,;t;ed t,,.t Inc had before the dissolution
seen taken to the store and instructed tc
.e1,m;ue the .ccounts. Mr.. Finley made NJ
objection, Mr.. Penniman's examination re
aulted in h;s stating that the books showed
balance of s62l0 60 remaining. i' .si
Judye Atocha nroduced two receipts from
MIR. Emlev to Mr.. Mahan for certain SUM
of money The books 40 far as shown, fai
to give Mr.. Mahan credit for thes,
amounts. .,., 80. s,.. - .,... .-. /
Mr.. Hrauphn conteuded that the charge.
as made. breach of trust and embezzleinent
were peculiarly proper, and the accused
should be prosecuted criminally. ~ y,
The defense did not offer any witnesses.
ATTORNEYS on both sides argued the cas-
at some length, after which Recorde
Houchton. having reviewed the testimony
considered that there was no cause 70
criminal proceeding, and dismissed tn
case. He rendered the attorneys the writ
ten evidence. '' 81 =" ~. - '..' .'.' ~
ihhtE oSIAk .h'L,E |, ~ :. 49, III, !.
SATURDAY 'aa "vnn all,' 49, -. :. =;
NO. ls' icnoupe'oulas street, ea' ~ -
cnau gong 70 s'0op o'o. ou. .' ~, s'r ~.
"nen hi' SENSES "'io en- 49, 80 - =;
IL