The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-22
DUNCAN, SHERMAN II co.

THE EXAMINATION OF MIR. DUNCAN CONTINUED.
The examination Of William Butler Duncan, Of
Duncan Sherman h Co., relative to the affairs OF tho
bankrupt frm resumed yesterday before Edgar
Ketchum, Register In Bankruptcy. 4. F. Brown ap-
peared for the creditors and j. G. Haght and Edward
Bangs tor tho late firm.
THE EXAMINATION.
Question by Mr. Brown-Pleasc look at the check
now shown you, drawn by your arm the National
Bank of the State Of New York. to the order of Joel
Cook for 1872 (god( dated July 20. 1875, and state
whether you knew at tho time that check was drawn
ana delivered that your Arm insolvent
Objected to AZ inadmissihie.
Mr.. Brown stated that he proposed to prove the
making OF fraudulent preferences IN favor Of Mr. Cook
The Register ovcrruled the objection and Mr. Bangs
took an exception.
Mr.. Duncan-I don't know when the check was
drawn at tho date stated ON its face. Here
a break In the record Al that time feared the
insolvency OF my firm, and was engaged in endeavor-
ing TO supply the means necessary TO avert such IN
s0vency.
Tho answer being very obscure 1t repeated was
objected 10 and the objection was overruled.
Sir. Duncan--I have already answered the question
O. DO You know the Joel Cook named In the check ?
@. DO you know his whereabouts or place OF bust
ness? A. He lives IN Philadelphia, believe; don't
know his place OF business; he Is lawyer, believe
q. A lawyer IN Philadelphia, IS hoS A. l have
but little knowledge about II; bolieve no is
Y. Please look NJ ExnlOt A, FeOruary 10, at
tached TO the testimony OF George r. A. Ricketts,
tho last page OF the exhibit, and state whether you
know anything about the alleged sale, the 26lh of
July, 1875 OF the stocks and securities herein
toned AMI described, and II so please state whether
they were sold with your consent aud BY your au-
thorlty.
objected 10 as assuming transactions not proved
and as talking about exhibit not proved The
paper was rcorered evidence aud marked exhibit
A, February q, 1871" and the question allowed
being amended.
Mr. Duncan examined the exhibit and answered: -
This is not correct statement according TO my reco
lection; certain stocks were held BY the bank
curity, and sold in reimbursement Tor amounts ad-
vanced 10 Duncan, Sherman II Co. the particulars
cannot recall; the date Is wrong to the best OF
my recollection; they were sold my consent
necessary, and, TO tho best OF my kn0wledge II was
not given. ll M
O. DID you give any instructions any suggestions
about that time In reference to their being sold2 A.
Not to my recollection.
O. You say the date Is wrong to the best OF your
recollection. Please state what tho correct date
A. cannot; II was alter July %; did not hypothe-
cate the securities with the Bank OF the State New
York IN person, but undoubtedly had something to
do with the transaction.
O. Now, please state all you know in reference to
their h pothccaion and the dates when they wcre
hypot heated and what for. A. cannot recolect
the details; / know It was right at the time; am
satisfied was right at the me the particulars havo
passed from my recollection.
O. DO you know anything about the balance In your
firms favor of $40 10 currency aud I've cents gold
A. Not particularly; suppose IT IS an unsettled bal
ancc which my assignee has or will claim.
Mr. Brown asked tor an extension OF time in which
to file his specifications OF objections TO the discharge
OF the bankrupts The extension was opposed by Mr
Bangs and the Register ordered that they be filed yes.
terday This virtually closes tho examination ana
refers II to the Court