The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-12-09
THE LIBEL CASE.
Bayly & Pond vs.. Paul F0urchy.

yesterday was quite large, owing to the in
terest taken in this suit for damages. Many
old merchants and insurance men were pres
ent and listened attentively to the evidence as
it was given to the jury. The following is the
testimony:
]. Henricks sworn-(To Judge Kennard)
I was cashier of the BULLETIN in October and
November, 1874-
Counsel for defense objected to the witness
testitying as to entries in the books of the
BULLETIN. The books were called for.
VIM. E. Fitzgerald sworn-I do not know
Mr. Durand's handwriting. / am agent of q
company with which he was once connected.
An adjuster is paid from SIS to $40 day.
Don't know anything of the article. Nothing
was paid by my company.
Geo. Mather-(Being shown the Duran d
article)-The Board of Underwriters never
paid the bill for this article I am employed
by them; keep the minutes. If anything
about that bill had occurred I would have
| known it.
James l. Day-Am President of Sun Mutual
Insurance Company.
(Judge Kennard then read letter from
Bayly & Pond to Mr.. Fourchy, Offering to
submit their losses by fire to arbitration. The
letter was dated 25th June, 1874
Mr.. Day know the contents of that let
ter. They were communicated to me some
time after that I remember meeting at the
Sun Insurance Office which Mr.. I. N. Marks
and Mr. Levy held in connection with the ad-
iustment of Bayly q Ponds claim. I called
that meeting. That letter was sent by either
Mr.. Bayly or Mr.. Pond. l had seen it before.
To the best of my recollection it had not
then been shown our committee by MIR.
Fonrchy.
| M. ..o;.koo ,vo. ooonoaad NJ Mooors
| Adams, Fitzgerald, Doaue,-1 can't recoi-
lect all of them. 1 am not sure of them. At
the meeting of the Finance Committee MIR.
Marks commented on the fact that
| Mr.. Semmes objected.
| Cross-examined by Mr.. Semmes-I was
posted all the time about everything con-
nected with the fire. This committee was
one composed of members of companies
having an interest in the loss. The Board of
Underwriters had nothing to do with it.
Re-examined-My impression is that the
it was written
Re-cross- examined-,My recollection is that
the committee was not disposed to take the
outside opinion of merchants as to the loss
i Re-direct-The Board of Underwriters had
nothing to do with that article published. l
don't know his handwriting. am member
of the board. They never paid for the pub
LEGATION of the article.
; Witness described how the committee Of
the various companies was formed on the
Bayly & Pond loss.
/ wrote some articles relative to defending
the insurance companies in reply to those as
sailing the Underwriters. I think Mr.. Van
Benthuysen admitted he wrote one against
the companies, under the nom de plume ga
Young Merchant" The Durand article was
after that.
Capt L. o. Frost-I am Marine Inspector
for several insurance companies. Being shown
the Durand article says he does not know bis
handwriting
VIM. Pemberton-Am the marine and river
clerk in the Merchants Insurance Company.
know the handwriting.
Mr.. Rousseau-Am runner in the Mer
chants Insurance Company Being shown
the article published says he does not know
the handwriting
A. Archinard-Testifed to the same effect
Mr.. Mott sworn-Never saw the handwrit-
ing in this article before This is better thar
Mr.. Durand's handwriting. The pencil
marks look like Mr.. Durands handwriting
but the ink does not. being shown a lette
of Mr.. Durand to Mr.. Pondl l think this il
his writing; it looks like it.
Mr.. Henricks notwithstanding to tn
books of the BULLETIN. says (page 353 of the
ledger "Oharge to Board of Underwriters
headed Insurance Question: $48, tire
times, $144" On the 10th October, anothe
advertisement appears, headed "Reply +
, Bayly & Pond" So. The cash book says
> Nov. 7, IA, S. A. Durand is credited will
$3.50.
The collectors memorandum book says, So
Q A. Durand, amount due, 5000; paid in office
/ $780," was in the Office when this paymen
l.. 10 A nnro
original entry was made by me. made tn
: charge to the underwriters under Mr.. Byerly'
: direction. The bill was paid in greenbacks
There was one 500 bill. When Mr.. Duran
! paid the bill, Mr.. Byerly told me to give hin
an order for hat
s Cross-examined - Publications made b
a Bayly Pond were paid for.
Il Mr.. Kennard objected to going into Al
examination of the books.
Mr.. Semmes replied, and q long argumen
+ followed, in which Messrs. New, VOORHEES,
II Ksnnard and Semmes took part.
o The Judge sustained the objection.
Testimony resumed-There are entries il
8 the BULLETIN books referring to other put
q locations made for Bsyly q Pond, and errone
t, ously charged to Mr. Van Benthuysen. In tn
ledger, July 4, for advertisement headed Ir
surance Question" Sc IS; October 15 adver
tisement headed Insurance Question,
n $26 40, and others. This account was trani
r ferred to the account of Bayly & Pond. The
a made payments for this.
Re-direct-I don't know the articles heade
" Insurance Question"
5 Three o'clock arriving, the court adjourne
% until to-day.
% A PROPOSITION TO THE CREDITORS OF AL!
!. BAMA.-The commissioner appointed to &C
10 Just and liquidate the debt OF the State {
E. Alabama have adopted plan, which the
g. have submitted by circular to the creditors {
h the State, inviting an early response. Th
% currency bond, princ and interest paya
of BILE in New York, as follows: For the fir
five years at the rate off per cent per annun
for the next succeeding five years at the raj
} per cent per annum; for the next succeed
u ing ten years at the rate of per cent per al
( mum, and for the remaining ten years at tn
le rate of per cent per annum, the new bono
a to be exchanged for the old bonds at the
l,,a md