The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-03-25

and . levying of the execution by . conni-
vance of the defendant, then you will find
against the defendant on this charge.
In considering this part of the case, you
will take the law with reference to the con-
versation at Capt Fenner's Office to be this
if you are satisfied that while Capt. Fenner
did not know of the fact it was nevertheless
true that Levi and Fornachon were negotia-
ting q trial OF settlement, to further h Oh
the interview was had, then you will effective
~ exclude from your consideration all that
passed at that interview.
On the one hand, Mr.. Levi and Mr.. Moses
both testify that there was no understanding,
fraudulent or otherwise; that it was simply
creditor enforcing claim which it was hope.
less for the debtor to attempt to resist. On
the other hand, the creditors have attempted
to establish before you certain facts which do
not rest upon the testimony of any one
witness, but which are drawn from the cir
cumstances Of the case. Among these facts
are the following: That these suits were
brought for an amount which would very
nearly consume all the property of the de-
fendant, the two suits being for about $751;
600 and the stock of goods remaining on hand
being about SIG. 600; the fact that Levi re-
tanned no counsel. though Moses testifies
that he was at the court on the day when he
took the judgment; the prior relations of the
parties.
You will consider the history of the debt
only as revealing the probable motive of Levi.
and from the whole evidence, both that which
was given before you and that which comes
from the notes and the books, whether or not
Nh. Lewis intent was to give q preference
contrary to the ,tatute, which provides that all
creditors should share alike. {.
B. Did defendant, being q merchant, sus-
IN Of 10
commercial paper for the period of more than
forty days !? II you find that Mr. Levi was a
jeweler; conducting the business of buying
and selling jswelry, then he was q merchant.
If the note which was protested was given in
payment for goods purchased by him or for
money loaned to him, in conducting his
business, then it was commercial paper.
If he allowed this paper under these condi-
tions, after its maturity, to remain unpaid for
more than forty days, then instruct You
that this was an act of bankruptcy.
4. That the defendant made fraudulent
sales of bis goods within the period charged,
with the intent to defeat or delay the operation
of the bankrupt act.
All these charges are more or less connected.
The facts of the case are the same as the
general facts recited by me above, aud you
will decide from all the facts whether the
charge is sustained.
Gentlemen of the jury, you WILL on the
one hand, impute no act to the defendant
which has not been proved; and, on the 9th er
hand, if you find any or all of the acts fully
proven, it is your duty iearlessly, by your YER
dict, to disclose it.
You will find a special verdict as follows:
II you find for the petitioning creditors,
you will find as follows: We find all the acts
OF bankruptcy charged in the petitions we're
committed in manner and at the time as al
legged.
If you find for the creditors on some Of the
acts charged, and against them on the others,
you will find as follows: We find the first, or
second, or third, or fourth act (Which is
charged in the amended petition) of bank
raptcy charged in the petition to have been
committed in the manner and at the time az
alleged.
If you find that none of.the acts of bank
ruptcy charged have been committed you
will find as follows: We find for the defen-
dant.
If you fiud for him on some of the charges
and against him on the others you will find
as follows: We find that the LIST, I'd, 81 or
4th acts Of bankruptcy charged in the petit
ton were committed in the manner and at
the time as alleged; with reference to the
other acts of bankruptcy charged we find for
the defendant.
VERDICT.
We find 1adore q. Levi guilty as charged
in the second and third charges in the origi-
nal petition, and as charged in the amended
petition; as to first charge in the original petit!
ton we are unable to agree.
March "a, 1876.