The New York herald., 1874-10-28
EXAMINATION OF HENRY CLEWS

At length, afser o good deal ofiegal argument,
with q strong Infusion OF legal quiboling, Mr..
Henry Clews has made o statement in court OF his
property, recently transferred to an assignee Tor
the bene1t of his creditors The examination took
place yesterday In the supreme Court, Special
Term ROOM and was pursuant TO an order OF
Judge Lawrence, granted on application OF GER
tain Judgment debtors. His examination was as
follows:-
q where DO you reside' A. At the Grosvenor
Q. In partnership or aones II the former VINO
dore 5. Fowler comprise the drm OF Henry Clews
d Co.
q. Your arm was actually engaged in banking
business. Please state when II ceased businessY
A. October 20 1874.
q. was that the date when you made the assign
ment to Taylors A. 1t was; this is the printed
copy OF the assignment which my firm gave.
q. WHAT place or places OF business were occu.
street. New York CITY; no other place
Q. Were you either member OF your nrm in
terested In any other business than banking or III
any other firm named than the one you have given
at the date, October 20, 1S74Y A. We were; each
member was Interested in Clews Haolcht CO..
London. and no otner except the new nrm OF
henry CewS Co.
Q. Had you been lnrerested-you yourself or
either member OF your hrm. or the firm ltseli-in
any other business than that which, you have
named since you suspended in the autumn OF lo7iy
A. My answer TO tae last question covers this
iuly. In 1873 our old firm was the same name
Henry Clews Co-made up OF the same persons,
myself ana Theodore S. Fowler; that istne one
winch suspended in 1873, but has never
been dissolved; IL suspended september %,
1s @ the Rsw nrm was Il nne tMa p
members and Ernest Zedler who still remains IN
the same Arm; tins is as UNDERESTIMATE; there
has been no change In the new firm since Its or
Tanizatlon, except the assignment above named
tne old firm continued in business from its sus
pension up to the time OF the assignment. october
20. 1874, ior the purpose oil liquidation.
q. Did the new firm make any use OF, or receive
any property from, the Old firm? Objected to, on
the ground that 1t is not seeking for discovery OF
property. and tnat the proper question Is what
property he now has and where IL is
q. What capital had the new firm. oojected to
- irrelevant and the same as tue last question.
now fis have handed TO the Court marked J. /. H.,
and dated October I, 1874 executed? A. ABOUT
q. Where was it and who were presents A. 1t
was at the law otilce OF Messrs Boardman
Boardman No. 322 Broadway.
q. whose names are attached as witnesses and
who was It acknowledged before A. Z. Z. Board
man. notary public. Mr. Zeidier did not execute
Q. Who was IN charge OF the place OF business OF
your new nrm while you were up thereY A. The
business was over every day at that tlme but the
clerks Tor the and MIR. Zeldler were In charge,
and doubtless at the ONCE.
@. Wnat clerksY Please give their names. Ob-
q. Where was the property of the old Hrm at that
Grmis banking house, No. 80 Wall street.
q. Can you tell what IL consisted Of A. can
o. why not? A. Not without access to the
books: | cannot tell without reference to the
books; am enloined IRON entering the Office and
] have never been tnere since the order enIoinlng
our firm from going there was served upon me.
q. Who has been theres Objected 10. A. nave
o. Have you seen and conversed with Fowler
since the orders Oojecsed 10 as lmmaterlal and
q. Can you tell In general way what property
you and your old firm mad octooer 20, lS54s OBJ
iected 10, because II does not specify whether
It Is Tangible or iev!aole; and also because the
witness mas stated tnat he cannot answer as to
his property without access to his books.
4. Subject TO oDlecuonl--lt ls very difficult to
tell accurately without the books.
q. Please tell as well as you can without them?
A.. AS lar as can say the property consisted OF
railroad bonds, stocks, notes, books, debts: tnat
covers II all, believe.
q Had the firm no cash? A. That ] cannot tell.
O. Why not A. Because have no knowledge
~ to 1t.
q. Did you have charge OF that part or your
arms busnessf A. dld not.
Q. Who dids A. Mr.. Fowler; now speak OF the
Q. What branch OF business did you have charge
NS OBJECTED to as lnmaterlal and irrelevant.
Answer taken. subject to objection. A. General out
SIDE business; sucn as general supervision, with
out care OF details, and my time was constantly
occupied with creditors, who we're constant in at
tendance
q. We're you or your firm In the habit OF keep
ing any casn, currency or gold. in your banking
house Tor use IN your business, or was 1t kept on
deposit with other banks or houses Objected
70. A. II was principally kept IN banks. have
40 knowledge whether we Kept any Rand.
q. DO you mean TO say you don't know whether
you kept any money IN your banking house curing
"A.
moneys received were in the Office in the regular
order OF business, but tney were usually deposited
In the banks.
q. Please explain the general order OF your bust.
ness. A. General banking
@. Then you would draw money from your de-
posits in the morning, would you not1 a. We
would draw 1t by checks manly, which checks
would be given IN the place OF money; we would
not draw money lor our own use almost every
Q. In what banks were the funds OF the firm
kepts snil speak OF the old firm. objected to
A. MeClauiCSi
Wall street, and no other.
q. Diu your old firm never keep an account at
nc Fourth NationalY objected 70. A. Ii dad until
our suspension, September %, 1873: we nave never
kept any bank account anywnere else IN the city
In connection with The old business; we had an
account with the commonwealth Bank. which
vaied during the panic; that still remains. though
O. Has the receiver oil that bank, Isaac IL.
Bailey, any OF your coaterals yet A. think
Q. What bonds had your old nrm October 20
ls74s don't mean TO have you name them ac-
curatey, out describe them as well as you can.
A. Burlington and Cedar Rapids.
" About now much1 A. cannot tell: quite
large amount OF them.
y what was the market value OF those bonds
Octoper ~ 1874 Objected 10. A. 1 cannot tell
tnslr @ market value; as to their intrinsic value,
tnlnk had better not answer tnis as have
litigation with the company
y Wnat other oondss A. Alabama state bonds;
would not undertake to say now many: state Oh
Georgia bonds; could not approximate the num-
Der Cartersvilie aud Van Ware Rallroad bonds, a
FOOD many OF them; North Carohna state bonds:
could not tell how many of them-a LARGO auan,
nty or them-and Floriua bonds mere we're
many others, and more tnan sun1ciept re- so,is,y
your claims II you can get them rom tbs as.
sgnee; mean TO say that cur oa nrn ON Tie
20tn OF octooer, 1919, had AZ their banking house.
consisting OF stocks. bonds and cboses In ac,
tiop, more than sufficient 10 SATISFY tnese
claims; the only queslon Is the eject
Of the assignment as we desire tuat ali
the property sual be distributed among
the cfediiofs; IL Is conceded that there is some
money there, bat 1 don't know now mucn
In an swcr 10 questions on his CrOss-examinn-
ton, Mr.. Clews made the following statement -
Immediately after the assignment was executed
IL was delivered TO Frederick TAYLOR tne assignee,
who proceeded, together with his counsel, samuel