The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-04

not the habit TO take receipts on sunday; he sim.
ply delivered and lett them. and that was all he
benjamin G. Wells an express messenger re-
ceived the safes; he missed on Monday, the l7th
OF January last, the Richmond safe, No. 6,T5S.
Cross-eXamnation-He never saw the safe.
Mr.. Hall eontendea that, never having seen the
safe. he could not have missed IT, and he asked
that the evidence be stricken out.
Judge Barrett reused TO strike IT out, and an
James SULLIVAN, Waterman at the Office In
Broadway, testified tnat Mr.. Gettin brought on
SUNDAY evening ten safes TO the ONCE, ana had
them deposited in front OF the receiving vaults:
he saw Hawry there about half-past ten
O'Clock, who threw kisses at him. ne had mean
tinie gone TO church. ana on his return the safes
looked as though they had been disturbed he did
not count them again; Hawry was in 'front.' OF the
away thar day that were not empty.
Crosse xamna tion-Hawry mad o right to be
about the building. lie thought that the kisses
John Clark weighmaster. testified that on Sun
M the o
Sunday, the 18th OF January last few minutes
MT. Han objected to this sort OF ptecemeal tes-
timony. He insisted that they were putting the
cart before the horse. II must be proven that
detctt should first pc proven.
Judge Barrett said that it was only q question
as to me order ofprooi and allowed tho testimony
Witness resumng-Haury said no had been s,ck
all night and he then went away.
Q. What did he do alter coming backf
Mr.. Hall objected that Is had not been shown
came
sYou are drawing 1t pretty nne,n said Mr.. Rus
'sThats what | mean to do" answered MIR. Hall
have been brought about by Illegal evidence. In
fact, no less than fifteen have been reversed on
THIS ground" Sensation and Struggling Of
Witness continuing-Hswry remained till about
the piatform he saw Hawry and Noona M loading
the formers wagon; 1t was being loaded up Tor
next morning; NO other wagon was loAded that
Cross-examinatton-T was nothing sus-
picious about Hawry's movements more than ON
Mr.. Wells recalled-He looked for the safe 1853:
no looked all over the building for 1t and coold not
and It,
Michael Kane driver OF the company, testified
that on the sunday In question he saw the prs-
he was sick and asked HIM to do his work.
James Bennett was helper OF the prisoner; he
January last to Communipaw; Hawry and no I'M
loaded the wagon into freight car, and unload
The witness was crosse xamined at considerable
length. during which Mr.. Hall reiterated his dis
sent as to the entire testimony offered, and par
t1cularly US to the movements or persons other
than the prisoner. Mr.. Russell insisted that they
were gradually reaching point Judge Barrett
admitted the same, with exceptions. He then,
alter cautionlng she jury not to talk about the
TRIAL or allow any one to talk 70 them on the sub
ject, adjourned the Court TIL this morning
IMPORTANT SUIT IN EQUITY.
THE AMERICAN NATIONAL IxcHANGE-TAR CONT
MENTAL AND DRY GOODS NATIONAL BANKS IN
voLvRD-How MERCANTILE BUSINESS "a con-
Quoted.
An important suit in equity has been com.
menced In the Circuit Court OF the Southern Dis
tricr OF this State by Benjamin +. Allen, OF Chi
cago, In the state OF Illinois, and Des Moines, in
the state OF Iowa. In his papers he prays that I'm
injunction OF the Court may issue. enjoining VIII
liam Il. stephens and Herman Blennernassett, OF
this city. partners In the 1rm OF Allen Stephens,
OF No. rs Pine street. and the American Exchange
National Bank, the Continental National Bank,
and the Dry Goods National Bank nom negotiat-
Ing or otherwise dispostng Of any OF the asse ts'
securities or other property OF the firm Of Allen,
stephens Co.. Of which he (Allen) Stephens and
Bennerhassett were the partners. The petition
for Injunction IL Drought in the interest Of the
creditors Of the applicant, Mr.. Allen. and Is very
voluminous.
To THE JUDGE OF THE CIRCUIT CouRT OF TEE
Benjamin i. Allen. OF the city OF Des MONIES,
State OF Iowa, ciLzen Of said State, brings this
bi;l Of complaint against William A. stephens, Of
the American Exchange National Bank, the Con.
tiOnal Bank, corporations organized under the
oct OF CONGRESSMAN act 70 provide national cur
pIainant then goes on to state that on or about
the lst Of January, 1872, he agreed with William
"A. SttpueuS ana herman Bienuer nosSett, Inc
defendants, to become partner with them In
q general banking and commission business,
TO- be carried on IN the ely OF New YORK under the
TO That end an agreement or partnership was
executed between the complainant and the said
William A. stephens and Herman Blennerh asset,
agreeing among other things that the capital
STOCK OF said partnership should be $50 00O all to
be contributed by the complainant; that either or
said partners might advance money to said urm
IN sucn sums as might seem 1T to him and that
oil the money aovanced by the complainant and
81
should draw interest at the seven per cent
per annum, and that like rate OF interest should
be charged upon ali sums drawn by either OF SAID
partners; that each OF said partners should have
ana receive one-tnlrd Oh the profits OF the business
and bear aud pay onethlrd OF It's losses that said
prof should be credited twenty per cent to COM
plainants twenty per cent TO each or the de-
lendants, and the remaining forty per cent to be
credited to contingent account, to be divided at
any time between The parties oy consent; mat
OF said partners might draw irom the lunds OF the
nrm Inc necessary personal and family expenses,
not to exceed Tor each partner $4,000 IN any one
year IN excess OF any amount each might have to
his credit. 1t was agreed between the parties
that neither stephens or Blennerhassett would In
d1ylduaily make, tndOrse or guarantee any note,
draft mot Including checKs) bills or other obllga-
tons, nor become IN any olner way the surety or
any other person or persons without the consent
OF all SAID partners tnat,tne DEFENDANTS should give
time and attention TO the business or the firm, &c,
in any SPECULATIVE operation, &C., without the
consent IN Writing Of an the parties. The com
ca 80 sneed unon Se 81
nrm. and from the very commencement OF the
same large sums OF money were deposited with
the firm, said deposits being PRINCIPALLY through
the acqua1ntances, influence, &C.. OF the COM
pla1nant; that The deposits were SO
large that the $4,000 to be contributed
BY the complainant was not needed, and
the payment OF the same waived by Stephens and
Blennernassett; that neither OF the said defend.
ants contributed any money to the firm, but thar
owing to the great credit and acQuaint-
ance Of the complainant throughout the
Western States, the nrm. in the nrst
SIX months, did Q business which yielded
net profit OF over $50, 600; that he performed all
his obligations 70 the firm. &c, &C.. that the de-
PENDANTS had the sole charge and management of
the same; that they resided in the city OF New