The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-08
Discussing Technicalities in
the Black Friday Suit.
Importance Attaching to Memo
randums of Contract.
The United States Grand Jury and MetrOpOli-
tan Dealers in Crooked Whiskey.
4 HOOKING BIRD THAT WAS A AOCKEIE
Investigating the Charges in the
Austrian Forgery Case.

Austrian Forgery Case.
Tho further trial of the suit brought by Do Will Q.
Taylor against Gould and others TO recover moneys
alleged have been by the defendants In
tion with the purchases Of gold Black Friday from
the defendants, resumed yesterday before Judge
Barrett There the usual large crowd present. but
the days proceedings wero unusually dry and unnier
estng, owing the fact that little additional test
mony taken, the most Of the day being consumed
BY counsel in discussing technical law points. Prem-
mary, however to entering upon the regular days
proceedings some tributary speeches were made by
some OF the counsel, wen Judge Barrett to tho
memory OF tho late Surrogate Van Schack, more ex-
tended report OF which viii be found elsewhere.
Dir. Isaac Ogden was recalled and examined At some
his additional testimony He succeeded by Mr..
Theodore Farrell. clerk In Mr.. Tayior's Office The
on Black Friday and told Speyers he had sold $500 600
the facs 70 his employer and then went down 70 see
whether he had made the deposit yet IN the Farmers
Loan and Trust Company requested.
Have you got any memorandum Of the contract
from Mr.. SpeycrsYn tho witness asked.
Yes; about two o'clock" the witness answered;
aud then added, II have lost the document but can
state its contents
Mr. Beach strongly objected to the evidence on the
ground that MI. Speyers' authority and agency had
Terminated and he was told TO buy NO moro gold be-
Mr. Sewe argued that the power Of the agent as TO
the contract continued even to tho next day, even
after the failure OF the agent TO put up the margin,
and he might have given the memorandum OF purchase
the following morning
Mr.. Beach said the question was whether after the
contract was broken and terminated the agent had
power TO revive it. This was the cardinal principle in
this case and the fundamental issue there The
contract was broken by the rules which were part OF
IT, and by the action Of the agent and OF the prn
cpas and the agent had authority to revive 1t and
bind his principal The broker failed to put up the
rtrin fhtn knn kt<I.v 40 fJn
failure, and the plaintiff at put the gold upon the
market II u was lawful and obligatory contract
plaintiff was then entitled TO sue, and the agent 1.-THE
broKer) had nothing further to do.
Mr.. Shsarman argued that the broker, Speyers, had
only authority from bis principals, whoever they were
and not disclosed at tho purchase TO buy $500 900
gold; the plaintiff elected the failure OF Speyers'
other refusal OF Fisk to put up deposit Of twenty
per cent the contract broken put the gold
on the market again. and have claim for S53, 700
damages against some one; and contrary TO all
the rules OF contracts that memorandum written by
the broker and deli vered 10 plaintiff aitor all this could
be binding on defendnnta
The Court reserved decision ON tho question and
adjourned 10 Monday.
CROOKED WHISKEY IN NEW YORK.
The United States Grand Jury, after OF
era days. assembled again yesterday, and their dongs
what they supposed to be doing, oxcites good
deal OF interest and attracts number Of less
anxious spectators although there nothing better
than closed door for them to look at. good many
witnesses were summoned for yesterday in several
cases. but those actually under consideration Il is
derstood, those OF T. O. Boyd Co. and other
whskey dealers accused OF being concerned In opera
tions In sscrookcdn whiskey. As announced some
weeks ago, Mr. Roger H. Sherman, Assistant District
Attorney, sent West by Colonel Bliss hunt up
evidence against the accused parties and Il Is that
he succeeded had been anticipated and
that the disclosures 10 be made when the Grand jury
present the result OF their labors will be Of so
startling character as to throw the Western
tnfn ilsn huAn Arnnn uvftAA
examination yesterday several Chicago gcn.ic-
men, including Mr. Golscn, OF the firm Of Gosen &
Eastman, who are said to have shipped whiskey to
Boyd Co.. which was claimed 10 be iscrooked;p Mr..
Holland, Chicago diser, and Mr.. Roelle, retired
dstiIIer Of course u s impossible TO know what tho
nature OF their evidence before the Grand Jury but
1t proper to state that they say they know very
little that could be supposed TO have any bearing
hand claimed that their testimony Is Of the utmost
importance fitting In with that of otherR AS Judge
Benedict adjourned the Circuit Court until, week from
tomorrow there will not probably be any report from
tho Grand Jury until that day, and in tho meantime
there exists ia certain circles good deal Of anxiety
10 the result
A BIRD THAT WON'T SING.
In October last, while George Calder was passing
through William street, in this city, he was charmed
by the notes OF mocking bird the store Of Dame
staregen. Entering the store and satisfying himself
as TO the author OF the music he concluded bargain
with the worthy dame for the bird Mt cost OF So
and ordered IL to be sent TO his house. bird pur-
porting to be the same purchased was sent but from
the day be received Il until the prcsent single note
never escaped his throbbng breast After waiting
patiently for month or two 20 have the bird resume
his music Mr.. Calder became inpatient and, calling
on Dlmc Stanrisgen Tor advice, told TO
feed the bird on plenty Of meal worms and
would burst forth again in all its prs
tine vigor and sweetness The advice was followed
but several months waiting was without any musical
hen 1p "A IN m midi hat ko
bird sent him was not the same whose charming
music had arrested his footsteps In William
months before. He thereupon consulted an expert.
who informed him that the bird he had female
mocking bird and never sings aud could NOT be tho
manded Of Dame sariesen that she take the unmusi-
cal bird back and give him that he had purchased
one equally good This she refused asserting that shc
was an honest woman, and that in his ignorance OF
ornthoogy he must in some way have disarranged the
musical organ OF the bird. Calder then sought
the aid OF hts Attorney Benjamin Franklin Russell,
who brought SUIT in the First District Court
which was tried yesterday before dgo Callahan and
jury The identity Of the birc was the sole question
nut in issue and unmusical Of tho litigation
was itsc present In court. Several experts on behalf
oil tho p.antff overruled Dame Stanricgen's solemn
assertion OF her fair dealing by testyng that the bird
in court was unquestionaby female OIrd that the
female bird OF that spec es never Sings and that was
utterly unheard Of that hooking bird which cncc
sung should hang bis harp on tho willow Tor period OF
judgment was rendered In favor Of plaintiff for $40
the amount paid by HIM; So the cost 2. the oiras !,
litigation was surrendered 70 Dame Stafriegcn TO be
tuned up
THE ALLEGED AUSTRIAN FORGERS.
Tho case OF Leopold Nettc and seiemond Neitle,
the two Austrians charged with forgery, was before
Commissioner Osborn yesterday. A. II. Pordy, who
appeared for the Austrian government produced tel
egrams from Austria stating that Leopold Nette and
segmond Nei,le mad obtained. by forging bills Of ex-
change, 40, 900 norins and fed tho country. Hugo
Frsh. the Austrian Consul, testified that he had an
Interview with the prisoners AFTER their
rest in when they stated that they arrived at Boston
on January Is, came TO New York the 17tn
and took lodgings at Hartman's Hotel under
tie OF Richter. The prisoners said