The New York herald., 1876-02-11
Testimony Of Ex-Setretary Johnson aud A
B. StOckWells Broker.
A HEAVY RAILROAD SUIT.
Important Decision in Bankruptcy
Proceedings.
PENALTY OF OVERCROWDING CITY CARS.

Building. Mr. Henry o. Bennett appeared for plain.
-tIrs and John n Goodwin for the defendants.
TESTIMONY Ex-sEcRRrARY.
The first witness called Mr Theodore I. John
Ron, secretary of the Pacific Mail Steamship Com
pany and one time acting treasurer Ho testified
that he made personal examination OF the books of tho
company for the latter part the year 1871 and the
whole OF 1872. and found that number of payments
had been made to Harriet & Noyes, brokers, in the
form OF checks drawn by the order of A. b. Stockwe
President OF the company, or T. W. C. Bellows Vice
President; Harriet 4 Noyes OF the numerous
firms of brokers with which A. b. Stockwen did bust
ness Mr. S. j. Harriet generally called for these
checks; Mr.. Harriet frequently in the
pHioe when these checks were made out ;
they ranged from $50, 900 TO $500 and at times
there checks for larger sums; l recollect
giving a number Of those checks independent OF the
examination of the records do not know that there
was pool formed which operated through Har-
riot 4 Noyes did hear any conversation
cerning pool; Harriot Noyes did not perform any
Services for the company the entry made the stub
of the check book for these checks Harriet &
Noyes loan; never made any inquiry why these
checks given to Harriet Noyes; the initials A.
B. s., or the name A B. Stockwe, affixed to the
margin of the check book for loans affixed to
checks Of Harriet Noyes 1t signfed money loaned
10 StockN els brokers Tor use IN speculation; don't
remember hearing OF any else interested in these
speculations; when Mr. harrlot came into the once
he saw either A. b. stockwel or +. ". G. Bellows,
both
Mr. Bennett-was there any inquiry made about
these checks, the subject suggested any of
the meets ngs OF the Board Of DrectorsY
Mr.. Johnson-Not specially as regards any one frm
Mr.. Bennett-Who had access TO the book at the
time these checks were given to Harriet Noyes?
Mt Johnson-Chsrles l. Abercrombo, Henry Smith,
A. B. Stockwel and Mr. Bellows frequently ''ooked
over" the check book; Mr.. Alexander Masterton,
of the directors also looked frequently all the
directors had right to look over every book of the
company and they exercised IL from tinre to time.
Mr. johnson, in answer 10 further questions, stated
that the attention OF the directors not called esec
ally to the checks given to Harriet Noyes than
TO those gwen to other brokers' though the larger por
ZION OF these checks were drawn In favor OF Harriet
h Noyes the subject was never discussed officially,
though it was informally; it was undnrsood that the
directors were Interested IN large amount OF Pa
cihc Mail stock carried by Harriet Noyes; the re-
quent issuance OF these checks made me think So and
Rs the treasurer had authority to issue these
checks nor were they issued unless after conference
between mR sloekwell Mr. Bellowes Mr..
Aiasterton and other directors. i caused o!her
the time l occupied the position Of treasurer
pro ten. did not occupy the treasurers desk; most
made out the checks and brought them TO me for my
signature remember being present at the meeting OF
quested to leave the there charges made at
1hat meeting against certain directors OF having acted
In bad faith in a settlement with Mr. stockwell;
requested to forget what said that occasion and
srocxwBLL's BROKER EXAMINED
Mr. Samuel Y. Harriet then called. he tes-
tifcd foiiows:-I q stockjobber In 1871;
belonged TO the firm Of Harriet Noyes the firm
Ht exists Arm had large pecuniary transactions
with Mr.. Stockwell in 1871 and 1872; interviews
generally took place either in our Office or the Pacific
1faiI Office; remember receiving checks of a large
amount issued by the Pacific Mail Company in 1872
but could not speak definitely to tho number or
the amount represented by these checks unless re-
fsrrod to my books; could not tell whether the
checks wcro credited to ono or moro accounts
Mr. Bcnnett-oan you tell whether therc was
pool formed In your office by Mr. Sockwell and
others, directors OF the Pacific Natl Company
Mr.. Harriot-I have no objection to say that there
were pools in Office, but these checks
credited to any pool account The checks received
from the Pacific Mail Company were charged to loan
account and our nrm furnished collateral
MT Bennett-Can you tell what other director had
hn account in your o1ico at the timeI
Mr.. Harrio,-l cannot tell without referring TO my
books
Mr.. Bennett-Do you not know that there were
other directors had accounts with you.
Mr. Harriott-rhs is not fair question We had
many accounts in Office, and do not wish to tell
any Of our customers private business with
Mr. Bennett am entitled to know the names OF all
those persons interested in tho fuods Of the Pacific
Mail Company, which disbursed at that time and
Hho did business with Harriet Noyes.
MT. Harriot-T will thu question when l
get my books, and not before unless am compelled;
don't know OF any pools particularly | know there
were accounts in my ofice in which others Than Mr.
Stockwoll were Interested; most of the money that
camo from the Pacific Mail Company was money
borrowed on collateral
Mr.. Bennctt-What were the names OF these other
directors who had accounts with you2
Mr. Harrot-I said remembered some OF the names
but do wish TO answer further without reference
10 my books.
MT Harr.ot-No unless I am compelled.
Commissioner wight-Havc you any othor questions,
Mr. Bonnottg
Mr. Benncit-It is time for you (the COMMISSIONER
70 speak now.
Mr. HArriot-I do notwsh 10 keep anything secret
am ling 10 tell all know, but my customers have
certain rights which wish TO protect.
Mr.. bennett-Were any OF these gentlemen whom
you decline to name directors
Mr whether Cr
not
or the persons he had JOINT account with Mr.. Stock
well ! dont recollect about Mr.. Masterton l do not
think either Mr.. Bagster Mr. Park or Mr.. Bellows
were Interested. Mr. Harriet then promised TO ap-
pear this morning with his books and answer far
wRs in MS power any questions coUasel might wish TO
Mr. Johnson then recalled. Mr.. Bennett, produced
the check book OF the Pacific Mail Company Of 1872
end asked the wtne read the and amount of
the checks given to Harriet Noycs by the Pacific
Mail Company during the nrs four months Of that year
IA 800, 900; March Is, g. 400; March 10, s2l COO
14ol0o t200,000, $40 900 S50,Ooo, s2s "a 81 Sl4-
zoe s. 50 s:s 4pr 4 s6O9o SO o3oi Apr =
10 ssc55 n Nay Is ssCl ii2 81 Nay 2 ;2ss io5 S,
e2l Is
Mr. Bennett-Thcso checks which you have detailed
in whose handwriting ia The margins
Mr.. Johnson-In Mr. Charles :. Abcrcrombe's Hen.
~ Smiths and Charles Lyman's.
M. Bennett-Who were eodreotors with Mr.. Stock,
well al this times
Mt Johhson-hr H. a. Bssster, hr. Horny Cews
M James D. Smith, Mr.. o r q billings Nr' Charles
J. Osborn, Mr.. Lc Grand Lockwood, Mr. f. C. Taylor
and Mr. Alex. Masterton.
Mr.. Bennett-Was Mr.. Masterton President OF the
Manufacturers and Merchants Bank al this times
Mr.. Johnson-I think he was and that he Is still
Mr.. Bennett-Was Mr. Stockwell President Of the
Panama Railroad at this timeS
hr. Johnson-f believe he was
Here Mr Bennett produced an agreement dated
Octoeer l. lsT2, between the Panama Railroad Com
panY aud Pacific Mail Company concerning the sale Of
sne central American steamship line, signed A. B.
Stockwch MI johnson identified the signature.
NJ. Bennett lsouoquizng)-So Mr.. stockwell Presi.
cent o. the Facihc Mail Company makes an agree.
che Panama Railroad Company
MI Benaett-Dd MT stockwel have an individual
eccoun, with the Pacific Mail Companyf
Mr.. Johnson-Yes, SIR; he did.
hr Bennett then brought forward the journal Of the
Pacific Mail Company, Which was shown TO Mr. John.
son. He was asked II IL confined a record OF the
iransaclns of tho comnanN during The nnrnd cnrnrnh