The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-12-11
THE BAYLY & POND LIBEL
CASE.
Fifth Day.

CASE.
Fifth Day. |
Yesterday the Fifth District Courtroom was
again crowded with quite large number OF
interested spectators, drawn thither by the
case of Messrs. Bay!y Pond VS.. Paul Four
chy ct ais.
Prof. Geo. Soule was the first witness
sworn-I have resided in New Orleans nine
teen years, and my occupation Is the carrying
on as principal business and literary college
here. l am familiar with bookkeeping, and
have made it special study for years.
1 have acted as expert in and out OF court
was the expert agreed to by the parties to
this suit to inspect certain books of the Mer-
chants Mutual Insurance Company. Have
examined them so far as certain quotations
are concerned; that is, between August, 1874,
and February, 1875. I examined the cash
book, petit cash, fire receipt book, journal,
ledger and check book. They covered the
entries pertaining to the question at issue.
The method in which these books were kept
was double entry, but of very ancient style.
The difference between that and the more
modern is in that they do not use dates a we
do. The journal is without dates, except
month and year.
the entries of every dollar received and paid
out In some cases the cash book didn't
show for what cash had been paid out. Some
times there would be an entry "pald as per
journal entry" so aud SO, without showing
the page in the journal. There is no entry
in the cash book on Oct 2, 1874, of $500
paid to Paul Fourchy. I find in the check
book memorandum Of it. also find Sept
30, "P. Fourchy, 5000, !" but thas been erased.
I can't discern it WELL There is no cores
ponding entry of it in the cash book. On
Sept. /, 1874, in the check book there IS en-
tered, ssP. Fourchy $500" but there is no cor
responding entry in the cash book There
was no entry in the receipt book.
| WITNESS here examined several check stubs
and could not find them entered in the cash
or receipt book.
In the journal I find the sums appearing in
the cash book. The entry is as follows:
"Proft and loss, to cash $3.50: donated by
the President to the Crescent City Relief As
socia,ion; to the Conservative party through
Dr. SamI Chopin and J. E. Austin, S4OO;
paid Durand for services in the case OF Bayly
i Pond, $3.50; making the amount OF $3.50. ;"
There is no check for the Durand item.
Cross-examiuation-T date of that entry
is January 10, 1875
| G. w. Mott, sworn for plaintiff don't
know the handwriting in the Durand article;
don't know this in 'the reply to Bayly Pond
articles" l know Mr. sDarands handwriting;
this letter, dated September 2, 1874, is his
writing; these pieces (of article) / do not
recognize as his; do not see any interlinea-
tons here; the signature is Durand's, for ne
signed it before me IN the Merchants In
surance Company; don't remember the date,
but it was the same month OF the publlca-
ton; Idon't know anything about its being
| IN kha for nm
signed in the back Office of the insurance
company; Mr.. Fourchy was present, 80 was
Mr.. Page NJ. Baker; don't recall whether any
body els was present.
Cross.Examined- Several days before that
article was written, Mr.. Durand came to our
Office and asked Mr.. Fourchy why the under.
writer's did not respond to the articles written
against them, when Mr. Fourohy replied thai
that matter had been brought before
the board, and he had opposed it. Mr.
! Durand, then said he would write an article
but NE Fourchy told him he thought hi
, ought not to do it. Durand insisted, wher
, Mr. Fourchy advised him if he did, he
ought not to travel outside of facts.
| MIR. Durand showed the article published 9
, few DAYS afterwards. think he had gone tx
I the BULLETIN office and he came back with
! Mr.. Page NJ Baker, and Mr.. Baker asked Mr.
Fourchy If he didn't think that article rather
strong Mr.. Fourchy said he had nothing to
I do with il, but if Mr.. Durand wanted to alte
: it he could. That's all remember of tn
. conversation.
. saw the Durand article, 1 think, the day i
was signed l knew the substance of it.
don't remember whether MI. Fourchy ant
) myself had any conversation about it or not
8 II think talked about it.; 1 must have. Tn
article was in Mr.. Durand's hands, when
{ first saw it. don't know that Durand hat
8 been absent before that. I think he was q
> one time absent from the city before that. II
: made his headquarters at our office. Some
8 times missed him for week or so. l al
, under the impression that Immediately pre-
t ceeding the publication of the article he wa
I absent.
! He was here in October, for he had cas-
: for us and several other com panies. l neve
4 saw the article in anybody else's hands excep
i Mr.. Durand's.
q am not certain that Mr. Durand was her
e January and February Mr.. Page NJ. Bake
r came into the office with Mr.. Durand.
: To Mr. Semmes-When Mr.. Durand cam
O into the Office and had conversation wit
Mr.. Fourchy, there was conversation cor
!, corning the necessity of answering certai
II articles Mr.. Fourchy stated that the matte
t, had been discussed by the Board OF Unde
10 writer's. Other gentlemen of the board OF
,e posed any such publication.
Ie l. n Mark, sworn-I was connected wit
the Sun Mutual Insurance Company in 1877
n as one of the directors. That company had
D. risk on Bayly & Ponds stock OF abou
ID $4,000. There was no proposition made t
al our company to compromise. Mr.. Fourch
N never presented at a meeting OF the r
ID nance Committee of the Board of Directors
a. the Sun Insurance Company paper purpor
IN ing to be a copy of letter from Bayly q Pon
id to the committee of the insurance companle
The first time l saw that letter was in II
be Office of Bayly & Pond. Prior to that
,h Pond sent to me inviting the company
DIS take up the matter and to investigate 1t an
in sattIa t. A number of documents were G