The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-23
THE COURTS.
eerplexing Litigation and Reminder
OF Black Friday.
HOPE FOR CONvICTS.
Jurisdiction OF Special Sessions and Possible
General Jail Delivery.

1t will be remembered that some time ago suit
was prosecuted successfully by Mcssrs Berry Hell
seE, Wall street brokers' against Jay Gould, TO recover
Tor balances duo them stock brokers upon certain
Transactions in gold alleged TO have been bought and
sold Tor The account Of the defendant and about
Black FRIDAY. Tho case was referred 20 rhiio I.
Russlcs, 10 take proof and report TO the Court.
lie reported in favor Of the plaintiffs The judgment
entered October 10 1877, upon this report was
that tho plaintiffs recover OF the defendant
Inc sum OF $780,, tee 81 currency, anu $4s,5 s4 IS
goid with costs. allowances ana interest
10 tho dato OF Tho judgment motion
subsequently mado to correct this judgment was de-
MED and all appeal was taken 10 the General Term.
Mr Gouli now states that alter tho entry OF
the judgment he received intimation that The tcs
mony OF Heser and tho findings OF tho rcicrcc based
thereon with regard to the $156 500 in gold ana the
100000 Northern Central income bonds supposed TO
be IN the possession Of tho plaintiffs and ready Tor de-
livery TO the defendant were wholly incorrect, and
that certain entries In the books outside OF defend
ants account would show this, and that these
bonds had been sold years before the rendering
VI the report. TINS Information could only DO
verified or made available by an examination Of tho
books and OF the parties having charge OF them.
This, rs the deienda further says, beng made easy
by the bankruptcy oil tho plaintiffs. accordingly
aone anu upon the evidence thus obtained and upon
The case and exec ptons tho defendant moves Tor
nnew trim. In support OF the motion Mr.. Gould
makes an affidavit IN which he states that upon tho
trial Hciser testified that the plaintiffs then had IN
Ihor possession ana were holding for the account OF
tue deponent the sum VI Sl56, 500 In gold anu had
been carrying the Same since september 1873 and
Also that they then had In their possession $500 600
81 Northern Central Railroad income bonds, which
aud been deposited by deponcnt the plant Us
colatcrais. Mr. Gould says he knew nothing con-
rary To such evidence al the Of the trial,
put subsequently, received Information that in the
books VI The plaintiffs there were certain entries not
contained IN the account between the plaiutins and
deiendant which would show that The testimony OF
Heser ana the findings OF the referee were wholly
iraiy to the iacs; that be thcrcupon procured
animation OF Hciser and hts former bookkccper John
D. Hodges, aud he also requested Mr.. Henry Bclden.
IN expert IN bookkeeping, to make an examination
Oh the books with references 10 other matters
therein, ana the latter INFORMS HIM that the
DOCKS of plaintiffs show that large sums should have
been credited 10 The defendant aud entered In his
count which were not SO credited. Nom OF these
facts appeared the trial and deponent believes
that tue iacs could be discovered by
the exercise oil any ordinary diligence. MIR. Bcdcn
member OF the urn o! William i,eIdcn & Co stock
brokefs, practical bookkecper, ana Who
has ut tho present time tho charge and super
vision OF the books Of his Irm, states that,
careful examination OF the hooks kept by Berry e.
Hc'scr during the period OF tho TRANSACTIONS qucs-
uoh, and he fnjs that Berry l. Hesor IN tho
constant haoit Of lending the gold purchased by ncm
ana being carried for their customers, and that the
during the month OF June, 1918, from the 10th the
SUN thereof. Was upward oil $4,000, 600. During no
part Of tho PERIOD referred to- according to the books,
dd Berry Heiser havo on hand gold belonging TO
themselves or other parties Than the defendant
coed g. 900 OcO and during considerable portion oi
that time they mad no golu whatever, except that be-
longing 10 the defendant, aud tnat appears from
sad books ~ least eighty per cent OF the amounts 30
received ior gold we're received tor the OF gold
Of defendant 50 leaned by Berry Hoiser. Other
tuboratIve atiidavits arc also made.
In opposition 10 the motion the plaintiffs claim that
the moving papers do not make out case within
tue recognized principles WHOM govern applications
oil this character, but that, on tho contrary, they
SHOW an entire want OF such diligence tho part
MI Gould, as the decisions have established should
sprear in order to cniitc tue applicant to tho relief
sought Judge Sedgwick his decision rendered
yesterday grants the motion 80 iar allow the
defendant 10 give further proof as 10 the offset against
Ito alleged CONVERSION, and on condition that
iendnnt consents 10 have the case scerrcd back to
the samo referee and that tho evidence already
before him stand.