The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-06-28

60 without information as to Trogden's
standing. Sir. Gus. Milhiser, who would
have attended to this matter had he been in
the city, was In New York. Hirsh seat
Taylor for Trogden and got from him a
statement Of the financial condition of the
firm Of Trogden u Co. This he enclosed in
q letter to Mr.. Gus. Millhiser. and with it a
list Of .Trogden's references Tor houses he
said he had dealt With In New York. He
said In that letter (Which was produced in
COURT that Trogden & Co. had bought from
Taylor bill Of goods amounting to about
$500, &c. LII 1.-...-, ....@,.......
. THE SALE AND THE REPRESENTATIONS
In cross-examining Mr.. Millhiser Judge
Crnmp dwelt particularly upon the word
I" bought as going to show, that Tthe sale
was made previous to the false representa-.
tions. Mr.. Millbiser however, contended,
thatsuch was not his understanding or the
fact; that there were no sales actually
maSls without the sanction OF the firm.
Mr. Millhiser testified that upon receiv-
ing Mr.. Hirsh's letter he went to see three
Of Trogden'S references in New York and
talked with them about the responsibility
Of Trogden 4 co. &@ NJ. 4.
Here Judge Crump by his questions un-
dertook to show that Millhiser, because he
went to see the references, did not rely
upon Trogden's representations. Mr.. Gus.
MAlhiser, after being satisfied from what he
beard in New York that Trogden & Co.
were responsible, telegraphed back to
Hirsh: I" Letter just received. Ship frog
den." Mr. Milihiser claimed that what he
heard in New York made him believe more
than ever in Trogden's statement. None
OF the New York houses knew anything OF
Trogden's statement, which was that the
firm had commenced business a year before
with S2, TOO; that they had ION 2Sth Febru-
ary) stock worth $4,000, and only owed
S400. The New York houses had done but
a small business with Trogden & Co.
Mr.. sMillhiser swore positively that the
statement OF Trogden to Hirsh did operate
upon his mind to cause him to extend
Trogden & co. in the instance in
question. ~
THE CREDIT SYSTEM.
Mr. Oppenheimer was recalled. he said
that Trogden voluntarily offered him his
statement after the sale. Fad be not seen
this statement he should have satisfied him.
self in some other way OF Trogden's respon-
sibility before shipping the goods. He re.
garded the sale complete when the state
ment was made. Trogden bought OF him,
on 2Sth:o February, q. bill OF $210. THAI
vas the same day he bought OF Millhiser q
Co. f @ 5:,..t \
/ Mr.. Samuel Hirsh (recalled) stated that
he shipped the goods to 'Trogden on the
faith OF Trogden,s statement connected
with the telegram from Gus. Milihiser. He
believed that Miilhiser, on the strength OF
ths5 statement, teiegraphed him to ship.
Trogden's bill was over 5000.
,P.D Ino
E. Edwards), auotioneer OF Greensboro,
N. G., during the first and second weeks
OF March sold considerable lot OF goods
for Trogden IL Co. Goods sold very low
indeed. About second week witness told
Trogden the goods were selling very low,
but Trogden said close them out. That was
not long before Trogden S Co. went into
[Date Of bankruptcy was 1st
April. Goods were purchased in Rich
mond 2Sth February.] The amount real
lied from the lot was only about S53.
The Commonwealth introduced the GER
tificate of the register Of deeds Of Randolph
n. c., showing that Mr.. Allred's
land there is valued at $500. [Trogden told
Hirsh that it was worth $4,000. Samuel L.
Trogden, cousin Of accnsed, and for three
months his clerk, said it was worth $40 or
S12 per acre-eXclusiYe of improvements it
was understood, but inclusive he eXplains.l
TESTIMONY FOR DEFENCE.
Mr.. Reuben Trogden, formerly sheriff OF
Randolph county from 1868 to 1922, and
uncle OF accused, testified that he was
somewhat acquainted with Mr.. Allred's
land. Considered it worth IS or $40 per
acre there are ITO acres) without improve
ments. Lands in that part Of North Caro-
lima arc generally assessed considerably
lower than their true value. He has a place
in Randolph county which is assessed at
81, 400, for which he has been offered 1000.
Ex-Mayor C. p. Mendenhall, OF Green's
bOro', testified to the good character OF ac-
cused. He couldn't tell Captain Wise what
became of the large stock Of goods Trogden
bought in Richmond just prior to going
into bankruptcy.
Mr.. Robert r. King, assignee, testified
that six cases ol goods in the unbroken
packages were recently returned to the
owners in Philadelphia By him, by order
Of the Court. 1t.was proved that Trogden
had ordered the goods, and subsequently
his order before he received
the goods. Hence the restitution. The re-
ceiyer's inventory showed Trogden IL Co.'s
assets worth S4,500-more by several hum
dred dollars than accused reported IN his
schedule of bankruptcy.
About 8 O'Clock the Court took a recess
until 5.
Defence excepted to the introduction OF
,he certificate Of the register OF deeds OF
Randolph county, n. c., and to other eYl-
Gence.
The letter written by Mr.. airsh to Mr..
Gus. Millhiser and a copy of the latterS
reply thereto were produced
before the Court:
Mr.. Edwards. in his testimony, said that
Trogden's character was without spot
upon it until these troubles came upon him.
.. AFTERNOON SESSION OF THE COURT.
Captain Wise and Mr.. Howard put Mr..
King, the assignee, back. upon the stand,
and endeaYored to show by him and from
the papers in his possession that Trogden,
between the 2Sth Of February and the date
II bankruptcy, purchased between nine and
:en thousand dollars worth Of goods, and
hat he ought to have had thirteen or four
,een thousand dollars OF assests instead OF
'our thousand five hundred dollars. De
ence objected to the questions on the
around that all that information was in the
record, and anyhow, that it was
90 late for the Commonwealth to offer this
evidence. ~: :,5.es..,.>, ~. -
/ The Court sustained the objection.
From an examination OF the schedule l5
appeared that Trogden had reported his
irm's indebtedness to Millhiser d GO. about
RI ~ 80 A Il nak