The New York herald., 1873-11-26

ia suit pending 20 wind up that, which ls OF
were Che Capitalists Of that Concern and my op-
ponents In this suit; when the company went into
bankruptcy Ingersoll claimed that he had ad-
81. QDO per annum.
The Court tnen took recess
SN..z,- Ate. R-ecss. u.s7.s..-.i.. II.
e. A. Heath was re examined after recess by Mr..
Iremain. There were general goods supplied 20
the Court House by the Heath & Smith Manufac-
turing Company In 1871; none In 1869; cannon tell
If the books would show that there was such bill
saaves fpe books are IN 'Cs; ccnnecticafsat
The factory, OF which Mr.. fngersoll Is PRESIDENT
BY Mr.. Fullerton-He does not know OF any secu-
company; during the litigation H With Harrington
Mr., Crane was his attorney. aud he has seen him in
Court converting with Mr.. Peckham
A. Clinton Bird, who was clerk to the Heath
Smith Manufacturing Company and TO the Heath
Smith Company, testified that the latter never fur
nished goods 10 the Court House; the signature,
Heath smith, on the warrant produced was Far
rington's, but in disguised handwriting.
Charles II. Ellingwood bookkeeper to the COM
pany In 1871. testified that the endorsement OF
Heath Smith on the warrant is not In the hand
writing OF either. John y. Heath. brother of Il. A.
Heath, gave similar testimony and added that the
endorsement was in disguised hand, but looked
IKE Farrington's; Frank O. Mayo, receiving teller
OF the Bowery National Bank. identiAed lngersoli5
signature to the deposit ticket Tor $l5,l3S 40,
December 80 1870.
AN EXPERT TEsTIFIFs
Joseph f. Payne, who has made study OF exami-
nation and comparison Of hand writings for 20 years,
was called Mr.. Fullerton objected that nothing
Is so uncertain the opinion OF an expert. The
witness testified that the bill and the endorsement
OF the warrant were all by the same person. The
prosecution then rested.
THE DEFRNCE.
Mr.. Fullerton here stated that the defence would
MAKE no formal opening, but Immediately proceed
William H. smith, Heath's partner testified for
the defence that in December Is, 1870, Heath told
him he had sold goods TO the county for the Court
House for the Heath u Smith Manufacturing
Company
John H. Hall, former secretary of the Heath
Smith Manufacturing Company, testified that while
travelling a with Heath in 1871. shortly alter
the bankruptcy. Heath sad he would send lnger,
signatures shown him as Farringtons are not Far
rlngton's handwriting.
on sexamination Mr.. Hall admitted that he
is In the employment OF Farrlngton; the way the
conversation about sending Ingersoll to prison
came up was Heath looked up at n large building
in twenty third street, erected by lngersoll, ana
said, THAT would make q fine hospital Tor poll
tlcians," and added tnat he would send lngcrsoll
to state Prison; witness also admitted that he
once made use OF some such expression as ''They
going TO lndict Ingersoll again, but will be no
party TO the prosecution
J. b. Austin, who succeeded Heath as treasurer,
testified that he traced the books to Heaths house.
Ia Nineteenth street, put doesn't know Wnere they
are now he found books OF the company In ASH
barrels and rubbish; witness was positive the sig
nature to the bill and the endorsement to the war
rant was not farringtons.
The witness was then asked whether ne wrote to
+. II. Heath 81 can lie ana cheat to an enemy but
not to friend. / rely ON my honest Indian
ture - and he answered, "Certainly did,
Augustus b. McGraw, employed for some months
by the Heath g. Smith Manufacturing Company
testified that the endorsement on the warrant
and the signature 'Heath Smith, at the bottom
OF the bill are not in Farrlngton's handwriting;
the words ''Heath x SMITH at the top OF the bill
are.
Peter Ives, trustee in bankruptcy for Heath 4
Smith, testified when accounts ef 1ngersoll and
others were published he had a conversation with
Heath who told him the bill for $4,000 was all
right, and they got the money
Mr.. Heath, recalled, denied this point
Clark A. b. McGraw, recalled by the prosecution,
testified tnat Ingersoll's signature at the foot OF
the bis is genuine; the writing Il. A. Heath at
the foot is not Mr.. Heath's; the body OF the bill
and the heading Heath & Smith, at the top
Farringt0n's: but he does not think the endorse
ment or the warrant is Farrngton's.
The Court then adjourned.