The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-13
Another Notion TO Dismiss the Complaint in
the TaylOr.GOnld Suit.
BADGERING A WITNESS
Suit by Lyon, or Emma Mine
Notoriety.
STOCK SPECTATORS And TEEIR MARGINS.
The Government Suit Against General James
Watson Webb.

In the further trial Yesterday before Judge Barrett
In Supreme Court Circuit, OF the suit OF De Witt c.
Taylor vs. Jay Gould and Others growing out Of the
Black Friday gold conspiracy, the proceedings
unusually lively and piqunnt, and werc OF course
respondngly enjoyed by tho usual large throng OF
spectators present
Mr Albert spcycrs was recalled and in answer to
Mr. sullivan said he could swear whether the mem.
orandum OF plaintiff sale signed by HIM OH Friday
Monday.
Mr. Sullivan suggested that the be given tho
jury 10 decide the point whether the memorandum
made on Monday Friday. The case, he said,
was peculiar one, involving largo interests, and it
quite within His Honor's discretion allow the
TO go TO the jury just then
Mr.. Beach opposed this. saying the Court had no
Tuch discretion, and that the proposal attempt
10 cyadc the statute OF frauds the point 10 sigma
turc.
Mr.. Peckham said IT mattered little, after all,
whether the memorandum was signed on Monday
Friday The real point OF interest the fact that 1t
from Spcycrs' Office
Three Incmoran dums here handed 10 Mr. Spcy-
ers BY Mr. sullivan, and he admitted that they
dated September - 1862 and were signed by him; but
be still believed that he did not sign any of the
randuns Of the Black Friday gold transaction to which
these were porton) until Monday.
Mr. o'Bren was next recalled and no testified that
on Black Friday he sold Mr. spcyers $4,000 at 100
ana 800 900 ut 100 and between and two O'Clock
the day received Mr.. Spcyors mcmoranduns,
which witness produced Tho mcmorandums were
dated September "a BLACK FrIday and recorded pur-
cascs by Spcycrs Tor account OF james Fisk, Jr and
his associates.
crossexaminc him, and the audience were afforded
rich treat
Have yon not brought suit arising out OF these
transactions ~ asked Mr shearmnn
Yes answered the witness; latter had visited
The Twenty third street basic you, and found
the place barred barricidcd; wanted interview
you rut couldn't get m" u.aushterl
Against whom did you bring sut?'
Fisk and associates
WIN you that you instructed your law
ycr?"
Il had confidence in my lawyer, Mr.. hin; left that
TO him"
What did yon say TO hims'
~ don't remember what said
"pld you hand The tickets 10 Mr.. Hill and say MOTH
II don't remember what said,
tQucs,ion repeatedly NOW, don't DO SO savage
Roars OF iaughter,"l told you before don't
Der"
your Honor" said Mr. Sherman. addressing Judge
Barrett. Il submit that this is The sixth tmo he has
evaded my question:
THAT evasion, said Judge Barrett
II told you couldn't remember what said" said
lbe witness
Il didn't ask you that said Nr Sherman .Do
you mean to say you don't remember whether you
laid word ~
II tell you that don't remember what instructions
lcave him. have confidence in hm.'
Il appeal" spoke up sharply Mr. Sherman again.
ito Your Honor II this is the eighth time he has
evaicd mc.n tRoars OF lauehicrl
''oh, no; there is no evasion: but he doesn't pre-
ciscy understand the question: answered the Judge
After TINS the witness and the counsel had lively
time the question whether the witness passed
his tickets through the Clearing House on saturday or
Monday.
Blu, bow could Won possibly send them in on Saur.
day, when the bank closed = persisted Mr.. shear
man.
Witness, stretching out ms arms toward the counsel
ana lowering his yoicc:"So:ty, soitly.p Shouts OF
aughicr.l
hrfti
ness bat world look better II you weren't quite so
smart. = CALCULATED Mr. Shcarman. The witness bowed
Mr. Peckhnn--A lecture without charge daughter
Mr.. shcarman then moved 10 dismis. the complaint
various grounds, AT the close OF Mr. Shcarm MS
argument the motion 10 dismiss The complaint. aud
aitcr replies by Mr.. Scwcll aud Mr. Peckhnn, judge
Barrett said he held that there enough case
TO 60 the jury The question whether Could Smith
Martin acting In concert with Fisk. The Court
then adjourned