, 1872-12-21

| accounts OF James van 1n"agen, teorSo ".
3IcMullin, and ]. B. Smith, for the months
of October, November, and December, 1871,
! with the bank; oil books containing en-
tries relative to tho purchase by the bank Of the
| certificates Of indebtedness Of tho Insurance
| Company, including books containing entries
showing how, and by whom, and 10 whom, the con-
aideratfon for auch purchase Tas paid; all books
containing entries showing how and to whom
the profits OF the purchase and disposition OF
said certiGcates BY the bank WIS paid or crodit-
ed d,-that is, to whom and how the Sum Of $685.
| 600, the difference between the price alleged to
be paid by the bank for said certificates and the
SUN Of $261 200, the price at which they were
! charged to the Insurance Company, WAS paid or
credited to the bank, and that the books we're
to be examined under the direction of the Regis
ter.
Mr. Aver reviewed the authorities adducod by
Mr.. Van Arman, contendinG that they were not
| applicable to the case at bar.
Mr. Cooper 1nterpolated statement that II
| the books we're not produced after the order WAS
made, his side would have tho benefit of the
| presumption that the bankWas afraid to let them
be seen.
Rlr. Aver replied that the case was not being
tried before town meeting, but by learned
| Court, and they could take all the benefit they
could derive from such presumption.
Mr.. Cooper supposed the Court knew he meant
| a1egal presumption.
The Hogister-Go on, Mr.. Aver.
| HE. AYER PROCEEDED TO STATE
| that they had evidence from the bookkeeper and
others that thare were no entries but
; That had ,obt; been freely shown; 5cano+;as Me
Of the books, but why lose further time? How
| could the accounts OF Van lnWagen and
McMul1in elucdato anything, and how could
| the accounts be pertinent to tho case? He had
or or copies Of them i the Register desired 70 see
them, but it wonld be simply loss OF Tune"
| There was no profit made BY the bank On the
| certificates. The bank had paid out S157, ,ooo
make any profit depended upon the result Of
those proceedings. Then it would be time
enough to make an entry in the profit and loss
account. The only question left was whether
thcy should show the entries OF tho checks to
Van Inuagen, MoMullin. and J. B. Smith.
| LEGAL sPARRIEd.
Mr. Van Arnan said he would like to reply to
the gentleman.
| Mr.. Smith" AheIn."
| Alr. Van Arman inquired If hfr. Smith had any
objection.
| 1lr. Smith said he could go On and occupy q
| week knocking down man OF straw.
| llr. Van AInan did not think A1r. Smith should
| show his zeal in assisting the other parties.
| The Register desired Mr.. Van Anaan to go on.
| ,2lr. Van Arman said it was none Of Mr..
| Smiths business. He would talk as long as he
| pleased and would not be interrupted by 3 id
| loafer.
1Ir Smith said man Of Van Arman's years
could use such language with impunity.
Mr. Van Arnan said he wss disposed to waive
all years, pleading with 3 rutf9ao.
Tho RegiEtcr remarked that he WEE inferior in
years to both gentlemen, but was inclined to tho
opinion that such language WAS uubeconiug.
He wished Lr. Smith to Sit down, and AIr. Van
Arman to proceed.
II. Smith said he did not profess to, be
dangerous character. Alr. Van Arnau had tried
the same game on him before, and could not do
it r. ssEa'q; T.n Arnan declined 10 be considered =
dangerous character. He was q gentleman, and
o1f To-
Mr. Smith retorted that he made false pro-
fezson if be professed to be gentleman.
The Registar announced that the scene should
close.
The Register desired alr. Van Arman to pro-
ceed-
At this point the two distinguished lawyers
confronted each other on opposite sides of the
table.
nlr. Van Amman finally proceeded, and dwelt
upon the "e1hortation" of 3lr. Aver, and re-
cnpitulated much of his former speech, dwelling
upon its principal points.
The Register reserved his decision.
COSTS OF THE CASE.
1fr. Aver wished for an order to cover the
costs Of the case, as he did not wish to have the
estate charged with the costs. 1t would not be
Just or fair.
The Register stated that he would testify to
the Court that there Was large number of wit
nesses being called, and recommended that the
persons who called Witnesses be responsible for
the costs, provided the evidence did not result
in defeating the claims OF the bank
Mr. Cooper said the motion Of the gentleman
Was an insult to his clients, and MIR. Aver knew
it. His clients vera among tho best men in
town, and amply able to pay legitimate costs.
Mr.. Aver did not intend it as an insult.
NO CONFIDENCE.
Mr. Cooper said his creditors had no conf
denco in the Assignee.
Mr. Smith remarked that he had said that q
A1r. Cooper did not intend it Extensively at
all.
The Register said if h1r. Cooper's clients we're
not successful, they should pay the costs if !
they were successful, the Assignee should pay
IL n.
A1r. Smith said he did not care about the filings
from any source, not even from Nr. Van Arman
from him. He had lived here too |
sentative Of all the creditors to deal fairly by all.
The Assignee cared nothing. for the mad dog
cries. He had spent one-haH Of his time de-
Tending himself, and the other half attending to
bis business. The SUCCESS Of those gentlemen
in removing the Assignee did not amount to
much thus far.
The Register Eaid that was not the question.
Mr. Smith said when it was intfmated that tho !
Assignee had not done his duty bona Jide, ho
Ho Id repe1 it. he had performed his full duty.
Hho had not got excited, that the buildings were
burned up, and that the policies had changed
nto the form Of certificates Of Indebtedness. If
lbs creditors we're not allowed the amount Of the
it was because they forfeited their
lights. If it was shown that the bank
aad forfeited its rights by conspiracy,
:omp1icity, or in any other way,
he creditors who fought their claims would
nave larger dividend. II they we're declared
forfeited, the estate should pay the costs; If
lot, the creditors who were fighting to defeat
he claims should bear the burden. It would
aot be just for small number of creditors to
PUT heavy costs On the other creditors who we're
aot parties to the controversy. That was why
10 should certify as he had indicated to the
Court.
Afr. Smith desired to get along with the mat
er.
A discussion took place Is to the time of the
adjournment. It was finally agreed that there
7ould be more of the case next week, beginning
It 10 o'clock on Thursday morning.
An Ancient Locomotive.
From tie Des.Noinss Republican.
The ancient and honorable old locomotive.
!ohn 3: Dix, Of the Chicago, Rock Island l. Pa
lic hailroad has just come out Of the shopH
lnder o new name, No. II, and when you see it,
,oys, take OIL your hat. The Dix is remark
'bo machine. It was the first locomotive that
ame INTO the State; was brought over On the