New-York tribune., 1874-10-28
THE COURTS.

MENT.
The expected examination of Henry Clews-
whose firm lately suspended-toucng his property on
behalf OF Louis E. schmeder. o creditor who holds an
unsashed execution for g. 0co of Yesterday tech
ncaly before Judge Lawrence Of the Supreme Court,
although the Judge not present in proprla persona
There was rather imposing array Of counsel, John l.
Hil appearing for the First National Back OF Tarry-
town. creditor OF Clews's banking house, Edward F.
Brown representing the interests o! SCHNEIDER. ana
Luther Marsh. Kent, and Guiteau appearing on be-
naf OF Mr. Ciews. The examination was tcarried on in
very low almost inaudble tones ard the answers OF
the Judgment debtor were gwen very deliberately and
carefully. The examination follows:
q Where do you residef A. At the Grosvenor House,
Sew-York City.
@ In partnership or alonef II the former. who were
or are you partnersf A. Myself and Theodore g. Fowler
comprise the firm OF Henry Clews Co.
four hrm was actually engaged IN banking bus
1874 "'' :" N''''N '''
g was that the date when you made the assignment
asslgnment which my firm gave.
q What place places OF business occupied by
your nrm at that datef A. No. 81 WaIl-st., New-York
@ Were you or either member Of your firm interested
In any other business than banking. any other firm
named than the you have given at the date Oct 90
Enw. a we were; each member was interested IN IN
new firm OF Henry Clews & Co.
Had you been nterested-you. yourself, OF either
member Of your firm the firm tself-in any other
business than that which you have named since you
suspended In the Autumn Of 1871 A Ny answer to the
last question this fully IN 1873 our old firm
the same name made up of the persons. myself
ana T.eodore s. Fowler that Is the one which sus-
pended In lS73 has never been dissolved: 1t
pended Sept. %, 1873; firm formed Jan.
1873 and composed OF the two former members and
Ernest Zeidler. who still remains IN the same nrm this
IL as understand 1t; there has been change IN the
new frm since its organization, except the assignment
above named; the Old firm continued In business from
s suspension TO the time OF the assignment, Oct TO-
1874, for the purpose Of liquidation.
u Did the new hrm make any use OF, or receive any
property from the old rmi Objected to on the ground
that not seeking for discovery Of property, and
that the proper question Is What property he now has,
q. At what time of the day the paper you
have executed A. About p. m
q. Where IL. aud VINO were present. A. IL
at the law office OF Messrs. Boardman and Boardman,
g. Whose names are attached as witnesses, and who
was Acknowledged before A. E. c. BOardman, no.
tary public. Mr.. ZsIder did not execute the assign
ment
@ Who was in charge Of the place Of business OF your
new urn while you were up there Ihe business was
office
q. Where was the property OF the old firm at that
timei A. The greater portion OF 1t was at the hrms
banking house. No. SO Wall-st
q Can you tell what ii consisted off A cannot,
suppose.
cannot tell without reference 70 the BOOKS; en-
Joined from entering the Office and have never been
there since the order enOnng me from going there was
served upon me.
Q. Please tell as well you without them A. As
far say the property consisted Of railroad bonds
Q. Had the firm no cash A. That cannot tell.
Q. Why mott A. Because have no knowledge TO it.
Did you have charge OF that part of your firms bus
inessi A. dd not
o. Who didi A. Mr.. Fowler; I now speak OF the old
O. Do you mean TO say you don't know whether you
kept any money in your clearinghouse during business
were In the office the regulIr order OF business but
they were usually deposited IN the banks; or ,,,,,
O. Then YOU would draw money from your deposits IN
.stIA hu
cheeks mainly. which checks would be gwen In the
place Of money; we would not draw money for our own
use almost ything was done oy clecks.
O. Ia what banks the funds OF the firm Eept-I
stI speak Of the old trm l06lected to as indetnlte
o. Did your old trm never keep account at the
Fourth NatiOnali lO6lected to.l A IL DID until our
account anywhere else IN the city In connection with the
old business had AN account with the CommOn-
remains though think have some dividend on that
o Has the receiver Of that bank-lsaac H. Bailey
apS What bonds had your firm OOI 90 1874; don't
mean TO have you name them accurately. but describe
them as well you cam A. Burlington and Cedar
O. About how much A. cannot tell quite large
O. What was the market value of those BONDS Oct 10
1874 lobjected tol A. cannot Tel teI their marKet
not answer this as 1 have litigation with the Com
pany Alabama s.a,a honasr r
would not undertake. to state how many State OF
Georgia bOnds-I could not approximate tue numOer ;
OF Them North Carolina State bonds-I could not tell
how many of them-a large quantity OF them anu
suficent to satisfy your claims II you can get them
from the assignee mean TO say INA. OUT o.a nT ", ou
con ns,tlng or stocks bonds and choses In action more
than sufficient TO satisfy these claims he ouy question
i, the eSt of the assignment as we deslre tns All the
nrnnerty shall be Distributed the creditor. IL Is
conceded that there Is some money tnere' ou' uo
know how mucn
Crossexamined by Luther r. Marsh-ln answer 10
NJ Ciavv ma de following statement:
rcmed,a,ely after the assignment was executed II
Was delivered to Frederick Taylor the assignee, who
proceeded together with ms c1nnSe, , onnrIv wa Sv
man. the banking house ana ,e pl1petS tps iva %
cred 10 the assignee who formally received the OF
the safe TINS cere3ny S and O'clock when said
assignee proceeded 10 take an inventory o Tue properly
assigned 10 him under direction oI las Ia, sao
present to superlnend the same. l ieit at o:1o
O'clock, and left the assignee Ia posses.
sion with his eouDs and a o 81 81 'e darnS S
husiness career have in the habit or remaining
my Cfice ss late as that hour on W, s ,ho
lowing remained until an eguay nte nour; H. linen tnsn
left the assignee with Mr. Andrew boaruman ana clerks
at the Office in charge was DO. ehesgea ID doing any
thing with the assigned property, as II was IN pos
session OF the assignee and out OF ms entire control
About q o'clock while the examination was proceed
ING In the little room off the General Term-room.
o.sare arrived for Mr.. Clews, that his agent. r. B.
Cobv who has been in Europe for some weeks endeay
ortn 20 negotiate with Clews. Habcht Co., loan on
the defendants bonds meet all claims of American
o-edttors had arrived. The examination was sus-
nended in order to permit an interview between
Mr. Cews and his agent. About o'clock all
parties reassembled in Chambers, where sat
Judee Daniels, aud Mr.. Hill moved for the
appo,ntment of receiver Of Mr.. Clews's property.
Mr. Hill stated that Mr. Clews made his general assign
ment Frederick Taylor for the oenet OF his creditors
on Oct 90 but that although Mr Taylor formally took
Of the Office his bond had been fled 1t
WAS conceded In the examination that MI Cews at that
time had more than sufficient property to have satisfied
these judgments applied in that direction Tue Sheriff
went into possession eleven days prior to the assign
ment and Mr. Hill claimed that the rights Of his clients
would be better served by the appointment OF receiver
TO which, In view Of these circumstance. they nsa
nar,act r,oht He claimed this; the examination dis
Closed that there was some cash ON hand at the
time Of the making OF the assgnment Ihe statute pro
y;ced that in case of descriptlou where an as
sisnment IA made for the beuent OF the ceditor the