The New York herald., 1871-11-21
THAT BLACK FRIDAY.
Jay Gould and Jim Fisk, Jr., Asked to
Clear Up a Little Gold Transaction.
Mysteries and Miserios Of Gold speculations-
How Things Are Dome on the Street. in tho
Gold Room and In the Clearing House
Further Developments Expected

Further Developments Expected
An important case referring to gold transactions
on September "A, 1860, better known as "BlacE FRI
day." came up trial yesterday before Judge
McCunn In the Superior Court the interest felt In
the case attracted q large attendance. The CON-
plainants IN the case are Isaac o. Davis. John A.
Macpherson and John Bonner and defendants
Henry A. Smith. Jay Gould, Henry Il. Martin, James
b. Bach and James Fisk, Jr. The
ALLEGATIONS IN TIE COMPLAINT
set forth that at the time mentioned the defendants
were copartners In this city as brokers ana stock
ana gold dealers under the firm name OF Smith,
Gould, Martin h Co.. that on the 2sd OF September.
1865, the plaintiffs, Davis d Macpherson, agreed
to pay and deliver to the defendants $4,000
In gold, for which the defendants agreed
to nay $35,8s7 SO in currency; that tho
plaintiffs bought the gold and rendered tho
same but the defendants wholly refused to receive
the same, or any part thereof, or to pay the cur
rency. as agreed, or any part thereof and that on
account OF said refusal they suffered pecuniaSy
loss OF 81, $50, for which sum- with interest," judg-
m mt Is demanded. The defence Ii general denial
OF the above allegations Messrs. Judge Everett.
stckney and whpple appeared for the plaintiffs and
Ncssrs. Beach and Field for The deicndants
ALBERT sPEYrR ON THE STAND.
This well known broker was called as witness.
On his direct examination he descriDed gold
vouchers. When he maze q purchase OF gold ne
bOokkeeper under general power Of attorney. He
received In exchange from the party purchasing
Is then sent TO the Clearing House. and except there
Is q balance or gold It Is not delivered otherwise
than by exchange or tickets; ne thinks he received
ticket from Davis In this TRANSACTION; 1t was ac-
cordng to the course OF business to receive such
Il was sent 70 the Clearing House he did not tender
the currency and had none furnished Dy the defend.
ants for that PURPOSE the custom ON Is In clearing
less he is a member OF the Clearing House.
Cross-exam!nei beer, been broker % ioar % or nye aye,
a memoran DUN book in which his transactions In
gold were entered; the course Of business is 20
aVI was purcha there he sS was deang under the
rules Of the Board; he could not state mo was the
whom the purchase vas made; in his memorandum
he did not personally know .wletnes the part
ners OF Davis participated N the pur-
nasc n the &c custom Of es Boa ns 0
the gold, but only settlement through the balance
sheet q the Clearing house, cannot mot, say snst =.
STOOD, or whether It was largely against him; did
not know II Davis had the gold to deliver, and don's
Contract after thee the exchange Of the Clearing Eese
q great variety Of prices; al the time OF the pur-
chase l42X was the market price; wnen ,s sne pur-
change tickets depends ON whom the gold is TO be
AN ORDER PRo ErERNrrATB
@. II man asks you to-day to buy million dol.
lars Of god do you consider that this order expires
20. O. How now long DO does the order oontiuuss A. does
q. i continues, then several days' A. There v
= o. Then It continues foreverG A. 1t continues TIL
the business Is completed.
Congressional committee, believer A. Ies, sir.
q. Did you not state then that all your purchases
account @ q Mr. beasn and that the purchases on
the next day were on account OF jay Gould and
James Fisk, il. A. may have said 80, but 1t was
O. in this printed report appears an account q
cpes Gouse n Winch as Mr. @
yS1 TO 60 G ~ % ne
nave W rs nos sucn "d thing "a; on my y msmorsnds M
Q. When you nlado these purchases On Tnursday
you You the Inc oTaeTs' 4. Some ssns tSss Day and so2s
next morning. fa
Fisk told me to buy two millions Of gold; asked
him II should buy on the street, and he said yess
GET DcusIs sIs SSs On lis sac ACCOUNT @ SetWSsS
four and i've millions OF g0ld.
q. dow much gold did you buy on Thursday A.
GOULD AS A rALKER.
Q. Did Could say anythlngs A. He nodded.
Q. Did he not speak NJ alI2 A. Not Q word; only
q. what did that mean A. Yes.
Q. Did Mr. Fisk say anytnings A. Oh, yes.
out two millions OF gold Fisk then asked Mr.. Heath
TO take million and Mr. Smith the o.hcr million.
BY Mr.. FIELD-Did not the Gold Exchange Bank
fail Fridays A. IL ceased some OF It's functions.
told to bring has books into court lie replied that
they would I'LL o car. or twO but was Informed that
would make no difference and that ne u1ust pro-
duce them. q.
TESTIMONY OF 8. MArHEwa
Mr.. 8. Mathews, sworn, testified that he was 90.
sistant cashier In the Gold Exchange Bank He
described the routine OF business at the bank.
did clear all the transactions OF Black friday;
no statement was received from hr. Speyer: he waS
not prepared to say whether the statement or Davis
Il Co. was thrown out. HIS remaining testimony
was In explanation OF the difference between the
Clearing House department and the banklng depart
menf, which were separate and distinct.
Tne testimony OF John y. Davis was also read,
showing that the sale OF s2s,ouo gold at l42k had
been made to Speycrs. af sra. s~ s-..E .tst
Mr.. sPEYERS RECALLED.
THIS gentleman having, meantime, had his books
brought into court, was again put on the stand He
testified that Beiden had told hm repeatedly that
his business associates were Fisk, Gould aud Smith
on his books to Belden Individually was made BY ME
clerk and was subsequently altered 30 as TO Incl udo
the Otner parties to the suit This correction was
no: made from any new knowledge he had gained
rs to who were the parties engaged In these gold
transactions but the moment he saw the book he
wcs spent 0verhauing the entries In his book.
William B. Westcott Secretary Of the Cold Board,
was called 10 give testimony o. 20 signatures Of
members OF the Board to the original Constitution
which was produced In Court He was also Ques.
toned at length TO the rules and customs govern
ing the Board In Its purchases and sales.
The Court here adjourned till this morning. when
fri q "A al