The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-05-25
SUPERIOR COuRT-TRlAL TeRM-pART | /.
How Jim Fisk, Jr.'s, Inn oceEce was Imposed
Upon.

How Jim Fisk, Jr.'s, Inn ocer &c was Imposed
Upon.
Before Judge Jones.
James Fisk, III, Us. Gorh0nt G,dy.--Tnis case,
which has been before the courts al nGusedm, end
In Its vibrations before the federal and State courts
arording very lively representation OF an animated
game OF batledoor and shuttlecock, up in this
court for reventi-ation. In the beginning Of the
aIair-tlat is. the litigous beglnning-the present
defendaa., as will be remembered, was the plain
tifY and sought to recover $4,000 claimed to
be due him by Fisk the result or transactions
lofnt account IN cotton. lie acknowledges that
speedily swampcd In the whirlpool Of the specua-
tons IN cotton which were expected TO pay them
ADVANCE more, ne advanced from his own pocket,
with a further loss OF 1000 chargeable, Us he
claims, TO Fisk, who by agreement was TO pocket
twO-thirds OF the profits or, II the balance the
other way, make good two.thirds OF the losses.
While thus SUIT Is stll pending FISK brings
He AYERS In his andavit that he gave Gray $4,000
TO deposit IN trust company as o margin TO buy
deposit but appropriated 10 has own use: that the
alleged purchases and sales OF cotton are fictitious;
that he has asked for the particulars and voucners
but they were never given that Gray would not
allow him to examine his books ana accounts; that
IN short the latter pocketed the $4,000 and that
was the END OF IL, which money he FISK says lie is
entitled to receive back and thus Institutes tho
present proceedings. AS the case stands the
tutes the complaint the present action. The case
came up yesterday. Several Witnesses were called,
their testimony having reference mainly to tele-
grams connected with the alleged purchases and
sales OF cotton Mr. FISK was also called aB a wit.
ness. lie took his place with q broad grin dlr1used
over his capaci0us conntenance, which grin very
little subsidized during the process or taxing the oath.
The following was his evidence, which, It will be
seen. smacks somewhat o the genuine Fiskana:--
q. Look at this paper and say If that is YOUR sig
nature answer to SUIT IN United States COurtr A.
1t Is.
q. Is that $4,000 mentioned in your answer In the
case in the United States Court tho same $4,000
that you sue for In this court2 A. think it's
Cross-exannation-Q. DO You remember whether
you ever read that answer A. / do not.
q. How long have you known MIR. Grays A. Six
years; he Is from Boston, believe
z. what was the occasion OF your giving him
$l6,000S A. Do you mean the reason why l
q. What was said between you that led you to
give the money! A. My real reason 1 have never
told
q. The question is, what transpircd between you
and Mr.. Gray before you gave him this S16000p A.
What franspred between Mr.. Gray ana me- and
what my reasons were for giving The money would
be two different things.
O. What uanspiredS A. lie kept botherng me
about this cotton matter: he told me about gold
mines and pront5 and all such things these
sharpers tell an innocent man Qaughterl; he said
there was to be no end oil profitS, and, as thought,
no end OF losses.
The trial VIII ne resumed this morning.
Suit Against n City Railroad Company.
Ellen Carroll Us. The Third Arenue Railroad COM
panv.-In January $780, the plaintiff, In getting or
Third car, claims to have been severely In
jured, her ankle being dslOcated, together with
other injuries, through the prenaturely start
ing. She claims $4,000 damages. Case still on.