The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-08
THE AMERICUS CLUB.

CLOSE or THE LEGAL CONTEST FOR THE POS
THE CONSTABLE HEGARDISG THE SALE UNDER
THE MonEGoR EXECUTION.
BEIDGEroRr. Conn, June T. 1877
Tho trial IN this famous club continued TO-
day and closed aSfar evidence is concerned. The
testimony to-day goes to upset tho story OF sharp
practce favored by the evidence given Yesterday and
tends to the sale made under and by virtue
OF tho McGregor judgment legally and openly con.
Quoted.
TESTIMONY OF rHE CONSTABLE.
Mt John Dayton, OF Greenwich, was recalled at the
opening Of the court and testified that no had been
resident Of that town all hsl life; tor upward OF twenty
years he has been constable Of the town or dep
utyshcrin Of tho county and Is sil hliiny the latter
Office; no said that TO him committed The exocu-
,,on obtained by McGrsgor on his Judgment ngains.
tho Amcrcus Club; the execution was levied tho sale
advertised In ono OF the New York daily papers and
tho law relating 70 such proceedings fully COM
pied with ny him; witness stated that
when the day Of sale came drum was
sao publicly opened In tho parlor OF the house; Just
before alter tho opening letter was handed wit.
Mr. Grabnrn, person In Keyser's interest; witness
asked him II ho Was prepared 10 BID Tor Mr. kcyser,
with different persons about Inc sale OF tho property,
and found general objection TO buying II on account
Of the tigers bead emblem on many oi inc articles;
some Of them not thus automatically dtstin-
guishcd, and those were not subject 10 the samo
objection Mr.. Dayton testified that after careful
inquiry he satisfied that would DO Impossible 10
dispose tho property by the piece to good advantage
he asked 10 postp the sale until afternoon, IN
order to afford opportunity for Mr.. Keyscr 10 a..
tond IN his own interest," and after keeping open until
about noon an adjournment was announced until TWO
o'clock tho inventory he read n the morning. Inc gen
burn urged him TO postpone until afternoon ana Inc
sale was publicly adjourned until two o'clock ana NJ
~ IN tola nj
effect; NJ the morning opening the property was
offered in lump, according 70 tho schedule; alter
Grcgors coupscl took hack and drove TO tho depot
10 meet Mr. Keyser, and upon arrival of the train he
entered The carriage ana sy sode NE 70
something about being present for tho purpose o. look
Ing after his own interest, and the onicer informed
him and others that tho sale would nj once commence;
witness he proceeded directly TO the main build
Ing, and upon looking around Tor Mr. Kcyscr found
that no had loft and was not TO DO seem the people
wcro assembled in tho parlor and on tho piazza AZ
the time the Grub being ~ ana Ma ana
ceodcd with according 10 tho schedule.
THE SALE
II was commenced at two O'Clock and kept open 2
hall hour or more continuing TO cry the sale
in vo,cc that could DO heard anywhere, on tho
grounds; he called tho property three times consider
ceved a bid OF 1000, and held on some ten minutes
between tho second and last CALL and tho property was
then knocked down Mr.. John VOrhis, oil Greenwich,
he being tho highest bidder, for 900
Mr. Dayton tcs,incd that he never heard Graburn
say TO purchase 10 tue amount OF
$4,000. neither did he demand that each article and
each building should be sold separately; he was post
tive that the sale adjourned until Two O'Clock p
NJ but no promise made 10 beat drum or ring
bell nnd request TO that eject was made; he did
not see Mr. Keys0r aftcr arriving on the grounds until
after the sac aud at NO time did be ray anything
ABOUT bidding 600 $40. 500 for tho propcry the
only object OF adjourning the sale was 10 give Mr..
kcyscr an opportunity TO attend TO protect his own
interests
x'GREGoR's TESTIMONY.
Mr.. James MacGrogor WAS called and sworn. Ho
stated that In December 1871 he purchased OF knapp
Fitch the balance Of account they held against
the Ancricus Club amounting tO Sl3, 69l 10, Tor
e12 O00 paying them In three CHECKS respectively as
follows :-Dcocmber 10. 1871, $4,000; January III,
1872 $4,000 January IL, 1872, $4,000. he was
chairman Of COMMITTEES raised Tor the purpose
Of examining THIS aud other claims against tho club,
ana do what they thought best with them, but no
money was ever put In their hands 10 pay them; he
finally bought the Knapp Fitch claim himself, they
giving an assignment all claims held by them against
the club no honest and bond de holder OF tho
claim; the nssi snmcnt IN his individual name and
for his individual benefit
Other witnesses examined who corroborated
tho testimony Of the constable in every particular
The case was closed with the testimony Of Judge
Gddings VINO testified concerning hts professional
with the Mace suit and how he went
to New ork eight ten times With reference to the
adjustment settlement OF the clam, and was present
when tho money was nnaliy paid over to MacGregor
Tho arguments were by agreement postponed LOT
several days; consequently decision Will NOS be
reached 70. some time 10 como.