The New York herald., 1877-07-07
THE GROVE CONSPIRACY.

4 REMARKABLE COMMERCIAL TRIAL--FoUB DE-
PENDANTS COMMITTED FOR CONSPIRACY IN
CRIMINAL SUITS. rin.f gtt
When the suit OF William G. Browning Il Co. against
William A. smith and others, was brought TO trial
more tnan u month ago, full and exclusive statement
OF the iacts appeared in the HKRALp. Amer occupying
about six weeks the trial. aId the taking of several
thousand pages Of testimony, the cnse concluded
before Judge Barrett and jury yesterday IN supreme
Court, Circuit by verdict favor OF plaintiffs for the
full amount claimed. The plaintiffs were one OF nine
or ten prominent business firms ia this city who
charged that they had dcirauded of various
amounts Tor goods purchased us the rcsu. OF com
merciaI conspiracy on the part OF the defendants.
Tho names OF the latter llIam A. Smith, William
r Hunter Samuel johnson, Moses K. GROVE anu
William w. Hunter
mog sGs rng swixbLEns' PLAN
The nature OF the conspiracy Charged against them
Is that They, With William a. smith their leader
conspred 10 delraud New York chants py obtain
ing credit for Grove to large amount and then clos
Ing down his stock Tor pretended Indebtedness 10
them, t Us to cut OH all creditors aud share the
result Credit was obtained by Grove through false
representations OF himself and snh 10 The extent OF
between $40 900 $3ooOo. This goods were sent to
Cfowe's store in Pottsvile Pa. and due time Smith
aud his partners down upon hun with
what 10 known as Pcnnsylvauia Judgment note
given them by Grove. The business was summary
closed up and the New York and Philadelphia mer-
chants left to whistle back The goods their rlcc
best they couId Grove, whose name was used in oo-
tauing the goods, lied TO Canada. suits were com.
menced against The others, lor the purpose. Of
repevlnng portion OF the goods VIII ich were found
IN the store Of Smith, 10 tho town OF Addison, n Y,
aud others charge him and his associates With the
whole Indebtedness, as having frauauentiy conspred
TO procure The credit All these suits, incndine tins,
suited on pehat u the New York msfcaants BY
Mr. Daniel CLARK Briggs, formerly Dslrct Attorney
Oh Westchesier county. and his law partner
ants we're represented by the Messra Dinniny.
lawyers from the samc town as themselves From
day to day. as the trial progresscd during tho past SIX
wecks some iorty or nty oi she leading merchants of
.ha cy SAT patent and Interested spectators Of tho
had been deIraudei out OF their property -
GROVE EATS GROW
Grove, Who ID sn Intelligent young man. and barely
OF age, was nuuced 10 from Canada aud make "a
ciean breast OF IL. Two weeks were consumed CIV
ing his testimony an' IN his cross exniiation. and
on his evidence, together with documentary proof and
extrnueous circumstances the plaintiffs prnci-
psly relied 70 establish tho conspiracy. But
tho stand IN their own behalf although denying any
iraudulsnt conspiracy or any conspiracy at all, their
and oenirmatory Of that given on Tho part o .he
paipt,ns Soon after .ns opening Of ee court yesier,
| charge as TO thoir duty, by Judge Barrett -
FULL VERDICT.
| There absence from the court was scarcely more
than noticed when they returned and delivered their
| verdict IN favor Of plantas for the iuu amount
ola.mcdn all, 81, 63-aud the Court added thereto
extra allowance OF live per cent No sooner had
tho usual ormalty OF entering the verdict becn gone
through than Mr. Briggs one OF the counsel lur
which seemed TO take the defendants by complete
PRISE
THE CIVIL SUIT NOT ENOUGH tsas
With much earnestncss OF manner he detailed the
circumstances OF tho case, the necessity Of Protecting
commercial credit 10 Tits city and the need OF teaching
not come TO Now York and dsraud her merchants and
defy her laws with impuniIy, BY the prompt and
had fastened upon tnsm tho cxeounon OF fraudu,ont
conspiracy. and he thought 1t a duty ne owsd to the
ooHtmerelal community 70 ask tho Court TO phce
them under arrest await the action OF tho Grand
! Jury.
The motion waSoppossd by Mr. D'nnine on behalf
OF the defendants. He urged that his clients, espe
cisliy MI Smith, against whom this prosecution was
principally dlrecteu, was simply worsted in civi CON
test IN which be evcd nt had the right. In dosnd
ing these ~ cations bis cenh who stood high in
character and commercial credit had sacrificed his
| fortune had lost MS character and credit and now
upon tie testimony OF ono who admits himself altar
aud criminal. 1t was sought to take away his liberty
also He hoped the Court would not step outside tho
usual course OF legal proceedings uut would award
his client the bcnet OF tho legal presumption Of hho
| cence anu deny tue motion.
Mr.. Briggs replied that, even throwing out OF the
the testimony oi Grove against hts coconspra-
tors the testimony OF the defendants themselves
abundantly sufficient 10 convict them OF the criminal
nets charged against them. out of their mouths
tho Jury had conGenncd them aud u was tho purpose
OF the New YORK merchants interested IN THIS contest
10 that tho law mad been fully vindcated IL was
that very high character which the defendants
sci gave his client credit Tor winch enabled that client
to perpctrate the wroJy complained Of and tn,s but
increased ths reasons why he should be punished.
! COMMITTED ON CRIMINAL SER
Judge Barrett SAID that the extraordinary
and unusual ono and Of great importance 10 the
mercial interests OF This and other cities He fot
bound to say that whatever doubts existed his
mind 10 the guilt oil The defendants at tho close Of
the plaintiffs Testimony vera entirely removed by the
testimony OF tho defendants themselves with thcso
facts plainly before him, and prG,a iacio criminal
against the deendsnts, thus sustained by tho
dict OF civil jury, he thought he would De wanting In
his duly II he refused 10 grant hc application OF plain
tin's counsel From this dc ison of Judge Barrett,
holding the deiendauts under criminal arrest, Of
| them, William W. Hunter, excepted, It
being admitted that the evidence did not sus-
tain the charge against HIM; aud as TO Grove,
tho chief, open aud outsde operator In the
transactions, and chief witness against hrs associates
although nonnaliy included, he will doubtless be
used onIv as witness in the criainal proceedings
/ which may follow. In short tno "a criminal COM
\ plant was maic out against the parties, and smith
| and Grove, the only parties present. had Their bail
liked by Judge Barrett at ST. 00v each ana said tnsy
would furnish Is IN tho District Attorneys uhcs,
whither they were removed Smith - arosdy uhdrr
$40 900 ball IN civa suits growing oat VI the same
TRANSACTIONS and the C0urL d not decm II necessary.
therefore. nor did pianiin's counsel that the bail
,n,It Ia aiur, t.is tn,lr