The Leavenworth weekly times., 1878-08-08

Hughes, partners by the name OF Hughes
& Lester, plaintiffs, and Robt. L. Hill, and
George i. Anthony, and Isaac W. Swan.
partners, by the name OF Hill, Anthony x
Co., defendants. Isaac y. Halliday being
by me, duly and publicly sworn, to testify
to the truth, the whole truth and nothing
but the truth, persuant to the directions
and instructions accompanying said COM
mission, and deposes and says as follows.
In an answer 10 the first interrogatory, He
saith:
Al now reside in the city Of, and State
Of New York, my age is forty-three years,
my present business is the commission
business, am compission merchant
In answer to the second interrogatory the
said witness says: In the year 1861, / re-
sided in the said city OF New York in
that year | was q clerk in a commission
house. before went into the employment
of Hill, Anthony 4 Co., i was in their EN-
ploy as clerk and travelling agent from
about April lst, to November lst. The re-
mainder OF the year was in no business.
In snswer to the third interrogatoIy, wit
ness says: i went into the employment Of
Hill, Anthony x Co., about the first of Ap-
ril, 1861, as near As | can now state the
time, and continued therein about seven
months that is TO say about the first oi
November, 1861.
In answer to the fourth interrogatOry,
TIE witness saws. | do know who COM
prised the partnership or firm of Hill, An
thony x Co.-Robert Hill, George I. An
| ,bo,v and Isaac W Swan composed il
said firm did business in the civ of New
York, in the State Of New York their bus
| ;ness vas n GENERAL commission business.
,be;, bns;ness was the receiving and selling
ri nroner,v on commission.
| In answer TO the filth interrosatory. the
witness saws. While | was in the EMPLOY
| of the SAID firm | was sent abroad from
New York Civ. in their business: | was so
sent some time in April. 1861, as near rs
can now state the time | was sen, west TO
Ohio and elsewhere west. | was sent TO So
licit business for that firm. TO solicit and
| procure such business as | could TO consign
nroperty 10 that firm. TO be sold ON commis-
sion / was sent by Robert l., Hill and
George +. Anthony. in behalf OF the firm.
I started from New York CITY under the
| immediate direction. but | stopped at Me-
dina. in Orleans county, in the State Of
| New York. where the other partner,
Mr.. swan, resided. and saw and consulted
him. We talked about and he understood
the business | was sent out to do TOR the
firm. lie approved Of it, but gave me no
particular directors | was instructed TO
get business for Hill, Anthony Il Co.,
wherever could. | was instructed what
10 say to the people that should solicit to
do blsines, with them. Mr. Robert l..
Hill and Mr.. George I. Anthony instructed
me what should represent to the people.
They instructed me to say that Hill An
,hony Il Co., had abundant means for all
the purposes Of their busines, that their
capital Was ample That they We're en-
Ireiy and aoundantly responsioie ana apie
to carry through all that they shouia uh-
dertake; That they were Tree from aepI
that property entrusted TO their handr
would be entirely safe that they were pre-
pared to make slight advances AZ a IAN
valuation IN such shipments as l might Sc
cure +; TO accept drafts drawn against such
shipments, without the same would be duly
paid at maturity that they wae perisctiy
Responsible and good i"r all they should un
dertake; they were all sound and right
every way, and everything entrusted to
them would he peri city safe that the IN
terest Of those who should do business with
them would be entirely sale In their hands
These instructions were given to me by Mr.
Hill and Anthony both. They were gen
orally both present when they were given
and what was said by Cne was always con-
CURED in and ass,nied to by the other
MIR. Anthony, however, did the most ol
the talking IN giving me the instructions
In answer TO the sixth interrogatory
witness says. l did in the year lS6l,
know the firm OF Hughes ~ Lester, oi
Cleveland, in Ohio, Auther Hughes, sam
uel +. Lester and John NJ. Hughe. COM
, posed said firm.
In answer to the seventh interrogatory
! witness saws: Alter | received the instruc
tions mentioned in nv answer TO the fifth
interrogatory, went west to get business
for Hill. Anthony Il Co, l went TO Clsve-
land. Ohio. and calls on Messrs. Hughes
& Lester, at their office there, and solicited
business for Hill. Anthony & Co., from
them. saw but Arthur Hughes and Mr.
. Mr.. Lester, and solicited them to make
! consipnments of property to Hill, Anthony
e * Co, to be sold on commission. l told
: them that was employed by Hill, An
D.. thopy x CO.. to solicit consignme nts that
3 from The demonstrations made to me, by
, Hill, Anthony & Co, beloved that they
were responsible, to and sale mouse u
consign property To, l reported those rep
reservations TO Messrs. hughes ~ Lester
TO Arthur Hughes and Samuel r. Lester
L repeated and stated TO them the 'h'hS
which Mr.. Hill and Mr.. Anthony Instruct
ed me to say, as l have stated them IN N!
answer TO the NTH intcIrosatory. l siate'
to them Just what Mr. I'M ana Mr. Anihoh.
had stated to me. l called al nushes .
: Testers agaIn, at their oihce IN CieVeiand
| in August | think II was In the same year