The New York herald., 1876-09-30
DUNCAN, SHERMAN & co.
CONTINUATION or THE EXAMINATION IN TIL

CONTINUATION or THE EXAMINATION IN THE
BANKRUPTCY PROCEEDINGS.
Mr. William Butler Duncan's examination In the
bankruptcy proceedings continued yesterday as
the Office OF Register Ketchum. In the Bennett Build
ing Mr. r. r. Lee, OF No Pine street, counsel Tor
Z. Graham Haght, small creditor conducted the ex-
animation as before. and Mr. +. N. Bangs, Of No. l37
Broadway, appeared as Mr. Duucan's counsel The
following is summary OF the queries put and re-
sponded TO during the proceedings
81 understand you to have said IN your previous ex-
animation that at the time you went to Europe IN
May, 1875, you had no reason doubt that your drm
was perfectly solvent Is that not SO, Mr. Duncanf"
Objected to on the ground that Mr.. Duncan was not
competent to answer what counsel understands
swas lhis the facts was then asked, and Mr.. Dun
replied 81 did no. have any reason TO believe that
my nrm was insoIvent al that time"
"Did you receive any information while in Europe
to alter your opinion to the soivency Of your
firm 20
~ did not"
"when you returned from Europe, in July, did you
believe your firm was solvents"
81 Idid.u
"wheu, af,er that, did you receive any information
that led you to suppose your nrm was insolventr"
sAbout July 90"
''How did you receive this information ?"
SIT resulted from an examination made Dy me In re
sponse to an inquiry from London"
''From whom this inquiry ?"
s'From one OF the firm OF Barring Brothers Co."
'sDid IT come in u letter =?
at did,
"whero Is the letter %
81 can't put my hand it. but remember Its con-
tents believe 1t is among some papers. aud safe
bu, have tailed to find IL
"Aier expressing satisfaction at tho interviews We
had together betor my departure from London and,
think expressing wish TO continue our business rcla
tons, II contnu ued, in substance, as loows:-l regret
that missed seeing you when you called, az wanted
TO ask you question: which, considering the rela
tons between U.s. l would bo glad 10 have answered.
What IS the amount of the cash capital OF Duncan
Sherman & Co. recollect understanding that they
had Il 900, 900 in ls73 that have had troubIous
times since think that was the substance OF the
letter" 49,
"Do you say you think you can lnd this letterf'
~ shall try TO. l feel confident shall"
"will you produce IL at the next meeting II you can
fndtY"
Objected to as not calling for any matter of fact and
witness advised by counsel not TO promise under
oath TO produce IT, and at the same time was ADVISED
to produce 1t If found. Question reserved for regis
ters dccison. -
mot positively"
"Do you remember the date II received by you 2"
| "Not positively. Ithink it was about July 20"
'.What you do alter the receipt Of the letter 2"
81 said to my partners 4 desire TO make catsgori-
cal answer to this question: and requested Mr.,
Graham, the only partner then there, 10 lurnlsh mo
the data which would enable me to answer II correctly"
s.You depended upon him for the information on
| which TO base the answer to'the question 7"
IL did not depend upon him entirely Upon his re-
port made examination tor myself j."
"Did Ar. Graham meet tho request and furnish you
with the dataf'
partially So
"Whenr'
IL think within two days"
show was this data furnished you; In writingi"
''yerbaiiy, or, II in writing, on mere memorauda"
''Have you these memoTanda!"
mo, sir"
! "wnere they?"
"Wnen did you see them las,?o
| II have not seen them since the moment Of re-
ceivaL"
.What did you do with thems''
81 don't recollccL"
"Were they probably destroyedf'
al could not say"
"Did YOU hand tncm back to Mr. GrahnmY't
'sThat | can't say; I've no recollection"
estate what the verbal Information was and what was
contained in the writing" /"
The verbal information was the best of my recol-
lection the VI the liabilities and the cash value
OF the OF the hrm The memoranda referred to-
best OF my recollection, contained nothing but
figures, having connection with another, for
my personal Information, to enable me to write an
intclligen,iy 10 lhe query which made to
me.n
.what were the liabilities in amount9"
To the best OF my recollection the rough cstim ate
made at that time showed between 81 600 and
s5, 600"
:. "W hat we're the assets9''
'sTo the best OF my recollection my partners estl-
mate of the assets seventy per OF
bitcs"
Then you say you made an inquiry yourself into
the affairs Of your firm ~
"Did you write the result OF this inquiry 10 Messrs
Barring Brothersf"
NO answered the letter personally to Mr. Ward,
Mcssrs Barinss' representative here
Nv When did you DO thsf"
81 think the evening OF Thursday, July % 1873 "
The examination was at this point adjourned.