The New York herald., 1871-11-25
THAT BLACK FRIDAY SUIT.
Motion to Dismiss the Com.
plaint Denied.
The Defendants Fut In Their
Testimony.
jim FISK, Ja., ON TILE STAND

Another crowd filed yesterday the Superior Court
room, before Judge McCunn, to near the continue
ton OF the suit brought against Messrs Smith, Mar
un Gould, Bates, Beden and Fisk for falling to pay
FOR gold sold to them on the Thursday OF Septem-
ber 1870 before the Black Friday al 143X Judge
McUunn, immediately on the opening OF t,rc Court,
denied ,
THE MOTION FOR NoNsUIT,
giving the following opinion:-"By section lit OF
the Code OF Procedure all persons having an nter-
est In the subject of the action and In obtain.
ing the relief demanded may be Joined
as platntin. The frst agreement be-
tween Bonner ana J. O. DAVIS & Co. and
the second one sets out in the complaint expressly
communicates. and reserves TO each OF those par
ties an interest In The claim now in cOntr oversy:
hence both J. o. Davis & Co. and Bonner are pro-
per parties to this action, and the complaint cannot
be dismissed as TO either. Moreover, the interests
OF these two parties are obviously Joint, and arS
properly united In the same action. The contract In
question providing for sale OF gold OF the value Of
fty dollars Is contract within the provisions
OF the statute OF frauds. But the Dought and
sold notes signed by the agents OF the par
ties to the contract constitute contract
in writing subscribed by the parties their agents.
ana satisfy the requirements OF the statute. The
contract therefore, to form Is valid and oblga.
falls within the statute against betting and gaming
is not now necessary to determine It sufices at
present say that the objection is obviously
untcnable as 20 warrant me in refusing TO permit
the defendants TO amend their answer by inserting
the defence OF illegallty OF the contract I shall
allow the amendment, and afterwards, where tile
question Improperly comes up In the progress OF the
trial, shall be prepared to rule distinctly on the
sufllciency OF the dcfencc.n
TESTIMONY FOR THE DEFENCE.
After the above decision Mr.. Shearman open Ell
the case for the defence. He claimed that except
as to Martin, Smith ana Bates this transaction was
a gambling transaction, the parties merely gam.
bling In gold, ana having no intention to give or
receive the gold only 10 settle differences, and thaB
the latter became impossible under the occurrences
OF the Black Friday; and this element being altered,
the whole contract was vltlated. .
Mr.. Smull one OF the defendants positively con.
tradcted the testimony Of Mr. Speyers, as far as u
MIR. Heath also denied the truth OF Mr. speyer's
testimony relating TO himself, remarking that his
partner had control OF the details, ana he knew noth-
Mr.. Osborn was next put on the stand, but mis-
testimony was nothing specially important
@. You are one OF these defendantss A. Yes SIR.
q Did you on Thursday Of the gold week authorize
on your accOuntf A. No. sir.
g Were you interested cd in any purchases either
@ Did you in Heath's back ONCE about ono
O'Clock Of that day. In the presence OF AIT: Gould
anu SpeycTS anu leutIl Skulu, Say 10 SHt!tH.3
81 oS ,ooos HS A. SsIsis0' So, sir. A.N '''' ~
Cross.examned-Q pa you nave an an nnars mserv'ew "
any place on the afternoon OF Thursdays A. had
no interview with Mr.. Speyers. :
saw him that day in Mr.. Heath's ONCE, wnen ne
came in there on the @ afternoon % 9th ol THURSDAY; s,.
was not there until afternoon.
were h you no1 me Wa h sna
in MIR. lIeaths olce was not at Mr. HeAsh's oa1ca
@ You say speyers came In. Did you have an
interview with hiny A. NO SIR.
! 1ng9 A. No, SIR, don't think was: ! am not
po.itlye.
q: what time aid you get down that mornlngp
Q. DO YOU remember whether 1t was before or
after IN, the hour Of ne @ Board "a A: . No, str ,,o.
hood OF Wall and Broad streets. A. can't remeni-
o. Can't you rem ember whether you spent the
most OF Thursday down town or nOt9 A. No, sir.
q. We're you down town on Wednesday, A.
| o. Were you engaged In purchasing gold on
Wednesdays 4. ,hlnk not; but don't remembers
| q. You were Interested in the purchase OF gold "a
| very large amount that week, were you notf A.
| q You don't rccollect whether you purchased any
| on Wednesday, A. l don't.
| Q. Tuesday, A. Don't remember.
! q. Dld you purchase anv on Tnursdayy A. iRav0
| no orders to purchase any Thursday OF any one.
q. DO you mean that You didn't purchase any on
! Thursday2 A. gave no order.
| q. Did you authorize anybody else TO give any
| orders A. No, sir.
q. Did you have any conversation with Speycrs
| on Thursday. A. No. sir.
q: Or with Mr.. Beldcn in reference TO spcyersa
! A. No, sir.
| @. Any conversation with Mr. Belden that day
about employing any body TO purchase gods A. No,
| sir.
q. Iaskcd you II you were interested IN any pur-
chases OF gold Oh Thursday, and you dldn't answer
my question:; A Yes did; SAID, mo, sur"
z. You said ~ gave no order;' what do YOU say
now TO my question: A. No. sir.
| q. You know Mr.. Speyerss A. Yes, sir.
! O. How long have you known htm9 A. Since
ABOUT the cath OF September, 1869.
q. what day OF Tie week was the Gath A.
q: Didn't you know spcyers before that time :
A. No. SIR.
q. You don't remember, thcn whether you saw
| him on Thursdayp A. said thought ne came into
| Heath's oillce; DIDN'T speak TO him or OF him.
z. Were you introduced 10 him on sFridsyS A.
| Yes, sir.
o. BY whomP A. Mr. Belden.
| q. And had never spoken to him bef0rc9 A. No,
By Mr.. FIELp-o. on Friday, at Mr.. Hcath's once,
| in the presence or Gould and Belden, did Speyers
ask you Tor margins on Thursdays transactionsY A.
q. Did ne ever ask you for any margins on Thurs.
| days transactiOns2 A. No. sir.
BY Ex-Judge EMOrr-Q. Did Mr.. Brown come In
| Sir; don't know Mr. Brown.
q. DID anybody cone In there about margtnsf A.
| NOT to me.
Q. To anybody else In your presences A. Not to
| my recollection.
Mr. quincy was next called as witness, and
| after his testimony, which was unimportant, the
| Court was adjourned TIL Monday.
PROSPECT PARK FAIR GROUNDS.