, 1877-10-05

know that / cyer saw lhc ac4rlint ri A, y.
Johnson on rage .1a hal nothing t"t'n With
the fMukA. When wanted ta klrw anything
about tlwm nskri STR. l'ansfry. the hcok-
keeper. Think sas .1ohilson s.rrr in the ator.'.
Mns sntrsalwec'! to him sy rcso1at ~ 1874:
tto not know OF any Elsnia tttnE delivered To
him. Enuw of statements bring made Urtt for
him. l,o mot know that they were sent or de-
lIscrclf to linn. presume I
NAT HAVE nlnIc1ED
them to lse sent to him. Dom know that
,,ton was given. The account WIS settled With
money. i don't know who tnIl 1t. The A..
count was balanced on tho h,ok*. 10 not
know whether u WAS charged to profit an! lots
Mr. Stprrs-"tA,,k at the book, !" and handed
II to the wtnrAs with smile.
Mr. snltli-Wafi!
Mi. Stasrs-Yc.; wnft, wait, walt. fsmlIc..l
= Mr.. smltl1-Wait I'LL the clown sta down.
TIC t;t,,ist It'll not think there vas anything
to call for that remark.
Mr.. Sulltli--lle was making faccs Mt me.
The Court will not aIlnw gentlemen. to
conduct MI examination tn this court II they
cannnt s!u It w,tl,o,lt insultitl. the Ettirt an1
QuIt the c:sse. will not have lar.roonI or
satoaa tnanl,rrs introduced intn this cn.srt-
ROOM. II there Ia anything objectionable call
ny attsnl!nn to " and wll' rotect s:,: II
fhry tlla1t nat take rart tn llc conduct Of q
rase. o,l either side. II this case cnnnot he cn
.lucte!i tn proper manner the Court shall be
c]osetl TIP.
left tlir court subsequently, to cool oil.
The examination VI Foreythe WAS resumed,
aud there were ,lO t10rc oilttnrsts.
Q.-Was the account charged TO profit and
losti '....
Objected to. On tho ground TINT the books
could nut hn1 johnson.
Mr.. Stnsrs urgr,l tllAt a conspiracy WIS MI In
dependent lat. and need never Gc proved. 1t
was sufficient II proved BY intleiHn,tcnt facts
from which tile Jury might draw the tnferrnee
that those acts, having Legitimate final result,
wero tho outcome Of previous fraudulent com"
binatton.
The Court sat, he voul,l n'lnw It to he sbow,,
that the tirm let johnson have Eot,ls, an! hnsl
never been paid fnr thcll. II The books irtl|-
Gated sort uf settlement, they had right to
explain 1t. Hut they huH
NO HIGHT TO MAKE EVIDENCE
against him from tho books to connect him with
the conspiracy.
Mr.. Reed colltcntlctl that, before tho prosccu.
tion couil introduce any statement Of ForsytlIc
derived from tho hooks, they must prove that
he knew that The gotn.a were sold anl delivered
and, If t!,e btK,ks showed my Charge to prolt
nt'a loss, Il must b. shown that johnson was a
party to 1t. -.
Mr. storrs Withdrew tho question "in order
to present atothcr.h
Mr. SwGtt protested nrainst tho attempt to
get In ''st,rtle Ut this cYIuenct.n
atr. Storrs proposed to argue tho full qucs.
ttorl, antt wanted t[se other siut 10 produce all
their authorities hefute hc began, tho defense
having the c1osc.
After some tnIk II was decided to adjourn un.
til this morning. Therefore, tue attention of
the Court will tr occupied tle4lav with joint
debate Oh the question of tho adinlssibility Ut
Tie ledger entry, wlel. Indicates transfer Of
Johnson's account to orratit asrl loss, thcdcfcnst
claiming that lie rannot be bound BY an net of
fc:iolat, Beursley, Or Forsytllr, and tho prose-
cutl0n that he can, under The circumstances.