The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-06-26

pretenceS) goods to the value OF about 1896
from Moses Millbiser & Co., wholesale dry
goods merchants Of this city. The follow
ipg gentlemen were sworn us jury to de-
eide the case: T. NJ. Crump, James e. Roy,
Luther r. Barnes, r. Cautborn, Jr., j. F..
w. Gibson, Herman Koppel, G. w. Dues
berry, Jr., w. II. b. Taylor, Howard
Swineford, Thomas ii. Jones, G. w. Brad
ley, and John G. Barnes.
Captain George D. Wise and Mr.. John
Howard represented the Commonwealth.
The latter is counsel for number OF the mer-
chants who were defrauded, as they allege,
by accused. Judge w. w. Crump and Mr..
Samuel NJ, Page, OF Richmond, and Mr..
Ball, Of Greensboro, appeared for Mr..
Trogden.
TO the indictment, which is very long
(enumeratipg each item in the bill of goodsb
accused, when arraigned, pleaded not guilty.
Mr.. TRoGDEN's REPRESENTATION
Mr.. D. r. Taylor, a native of North Car
olina, formerly In business at Greensboro, !,
now engaged in soliciting trade for Millhi-
ser d Co., testified in brief that Mr.. Trog-
den had bought several small bills from the
firm, and that there had been no trouble
with him. That on the 2Sth OF February,
1878, Trogden came to this city, and Taylor
showed him the firms stock and took his Or
der for the bill or goods in question. Also,
that he tTaylor) gave the items OF the bill to
the firms entry-clerk, who entered them
upon the sales-book. The terms were at
the same time fixed on the sales-book--at
sixty days and four months, according to
the custom Of the house as to the class OF
goods purchased. Mr.. Taylor testified that
his sales were always subject to the ap-
proval or reiestion OF Millhiser d Co. With
the terms he had nothing to do. After the
goods had all been selected and Mr.. Trog-
den had left the store, Mr.. Sam. Hirsh, q
member Of the firm, told Mr.. Taylor that
the bill being SO much larger than Trogden
& Co. had heretofore made he could net
ship the goods without statement as to the
purchasers financial condition.
THE STATEMENT.
Mr.. Taylor then went out and brought
Mr.. Trogden back into the store and took
him to Mr.. Hirsh's room. Mr.. Gus. Mill
biser, the credit-man Of the house, was in
New York--Mr. Hirsh was to some extent
acting in his place.
Mr.. Trogden, upon coming before Mr..
Hirsb, said he supposed the latter wanted q
statement. Mr.. Hirsh said that he did.
Thereupon Mr.. Trogden represented that
his firm had commenced business about q
they now had Oh hand $4,000 worth of
goods and owed but S4OO, none Of which
was past DUE Also, that Mr.. Allbread, one
OF his partners, owned $4,000 in unencum-
bered real estate. Mr.. Hirsh remarked that
the statement was very good one.
Mr.. Hirsh took down in writing what
Mr.. Trogden said as to his firms financial
condition. He made copy OF that memo
randum and forwarded it by mail to MIR.
Gus. Milhiser in New York. He also sent
that gentleman 4 list Of the houses In New
York with whom Trogden said he had dealt.
Mr. Millhiser telegraphed back-so Mr..
Hirsh said on the witness-stand-that Trog-
den's credit was fair in New York, and upon
the statement given the goods could be
shipped; and they were accordingly sent
by Danvile railroad to Greensboro and re-
ceved by Mr.. Trogden, for Taylor, upon o
visit subsequently to Greensboro, saw them
there, and Trogden told him his business
WAS good.
WHEN THE SALE WAS MADE.
Tie prosecution, in the course Of the eX-
animation OF Mr.. Hirsh, undertook to
show that the sale had not been made to
Trogden by Taylor before Trogden had his
interview with uirsch; that in fact Taylor
had no authority to make sale without ap-
proval OF the firm; that he only took the
order and assisted Trogden in making the
selections. This gave rise to lengthy dis
cuSsion between Judge Crump and Captain
Wise and Mr.. Howard. 1t occupied con-
siderable time before and after the recess
for dinner.
Judge Crump maintained that Millhiser
& Co. were bound by the acts OF their
salesman within the apparent scope OF his
authority, and that after the purchase OF
the goods by Trogden, under the guidance
Of Taylor, Trogden could have brought
an action against Milhiser d Co. il they
had withheld them. The goods were sold.
but not delivered, before ever Trogden saw
Hirsh and made the false representations.
So the defence claimed.
On the other hand, the prosecution as
serted that Taylor could not pass the title.
That all he could do, and did do, was to So
den the goods, tell him the prices, and in
form the entry-clerk-thc keeper OF the
book-of the goods selected. He never
knew or inquired what time Trogden
wanted.
The Court allowed Mr.. Hirsh to state
what was Taylor's authority in the prem
iSes.
MI. HIRsH, AGAIN.
Mr.. HlrSc1. feSunllnS MS teSlluOuy,
said that Mr.. Taylor did not have the power
to sell, and that the entry upon the sales
book amounted to nothing. Some OF their
goods they sell on sixty days. time; others
on four months, according to class. For
cash within ten days on former two per
cent. discount is allowed; on latter, six per
cent. After the goods are selected and
terms arranged the responsibility OF the
buyer is to be considered,
THE FIRST WORDS.
The first words uttered by Trogden after
being brought by Taylor into the office OF
Mr.. Hirsh was, 81 suppose you want
statement"
After getting the statement Mr.. Hirsh
said, "This is very good; I'll see about
it.'' When the letter was written to Mr.
Gus. Millhiser the bill had not been footed
I'D, but witness knew from the pile on the
counter that it would reach about $500.
After the goods were selected they were
placed upon counter and called out by
Taylor to the entry-elerk.
Mr.. Hirsh admitted that had the bill
been for $50 he would not have sent for
Trogden, but would have allowed the goods
to be shipped without further ado, but that
the firms transactions with Trogden hith-
erto did not justify credit to the amount
OF $500 without statement.
BANKRUPTCY.
Mr.. C. A. Baldwin, wholesale boot and
shoe-dealer, testified that on the 28th Febru-
ary, 1878 (same day Trogden bought OF Mill
hiscr), he met Trogden at their store. Cap