New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-11
THE COURTS.


HEDGE COWlNGS slAl EMbNi'
A rriI NARRATION OF THE SALE OF BONDS bi us
nrorHEg-IN-LAw 10 HIS WIPE on SCCoVNi VI
WHICH A SUIT HAS BEEN BROUGHT.
Judoe Rufus y. Cowing was questioned az
.ome length before Justice Lawrence yesieru"s' ou q"
,,ou fore trial In the suit brought against
49, a., tho su,reme Court by George T. luGho' i''
b,otherin-lsw The pieinth eiaimS '" 80
Cowing taking advantage OF his pos'tlon "' t.a.
d,ap obtained from him by misrel'esen'"',o'
bouas az much less than their actnal Naiue' h''"" ~
eounscl for Judge Cowpe, opposed the examination Se
,orsav as tie case will TO trial IN TIC sleci len
,oworr,w Eat Mr. Niles. the counsel for the paintih
insisted upon 81.
Judge Cowiug the following statement very slowly
beins prompted only at long intervals by question
at the tme Of the purchase of the bonds by my wie
on the 3., day Of July. 1878. the business was trans
c,ea M the flee Of salter CowDR In the city OF New"
York Mrs Cowing was not present, but representa-"
her Issd to the plaintiff Mt that time that had seen
Mr. and Mrs Ricketts, and Mr DE Mlt upon lhe chIs
going to woodsburg, L. l.. and had informed 'heu
nj MS desire 20 sell biz bOads. also sdiu
o. hin, that Mr. Dewitt had suggested 10 me that We
sbouid club together and purchase them. also stated
On him that Mr. and Mrs Ricketts, had told me that they
had no money to spare 60 purchase them "ilh' ana
ma far as was concerned that would not purchase MS
bonds; that had seen his sister let" tmeanng MIS-
eowipc aud she had authorized me TO oner him SlVo'
for his bonds lie stated that he thought he ought
10 have 81 500 Itod him that dd not question h'',
md that my opinion. me ought to Keep Ills bondS anu
not sell them ALL lie then said that he wouid 'aho
81 600 for ms hoods. aud did so. went 10 tue
safe Deposit Company with him, got Govern
mens bond sold u, aud gave him the money Inc
bond took from Mrs. Coying's papers and soli IL AT
the Office of Hatch FOUte where handed him SlVVO
aud he gave bill Of sale together with he bonus
That Is al that occurred a hat lniIrIcw, WIN ,o
Ion July 80, ls7s. the plaintiff, unsolicited by me.
% Tiy
lafayette bonds, ana be asked II 300 Tor mem,
/ advised him not To sell asthey were lrosIecE Un
our lands for oil, and, II discovered the lana "guu w.
very valuable ! also told MN iha' JOSEPH W.
Morse had made application 10 pay SUM g 0
The land. aud That o'her parties ma "Hs,eH
bry hc would apply others. mentioning the name o.
DO with them but AS was going 70 Woodsburg that
afternoon would see II either NJ or Mrs kcke5s
bonds In bis possession. od there Was s $500 To- DE
divided was present at the time Mr. West BID IN the
land in Mexican County. The first land sold by Mr.
sWest was on October 81 1873, three months
S psSey the na SSSs' Gs'' second T'
% different sioies and plot otH, TO ~, 1us second
mortgage bonds. Tho meetings OF inc nonunoItcrs
were few meetings held PRIOR 10 July 80 les, Dis
CUSHIONS had "a the value OF the iand ana inc
were in favor OF holding for an advance Previous 10
the purchase Of the bonds do not think any PROPOSE
40 ISIS OIL had been discovered Big shanty, about
miles from our place Tue total noItglss 1eDt on
father Of the plaintiff paid cash q par for the bones
About 81, leo has been paid by Mrs. Cowng on theSe
bonds about une-hnif Of the property being SOLD -
On August II, 1877, at the time when finally settled
with the nlaiuuf ms interest IN ms iaihers es,e
distinctly told that he still had an interest III 20 100
worth OF the bonds rendered my account OF tHe stae
10 him on that day in the safe Deposit Company nave
copy OF II. l never had any interest III any oohus
directly cor Indirectly I signed the agreement between
viii produce the account at the iral OF this cause l
was not appointed attend the sale by the bondhoders
and merely went there as counsel for Mr.. West as
trustee. | received as guardian an the propefME
which was divided ana which belonged TO the plailn
from fathers estate. The paintih received one
quarter of the proceeds OF the property solu ID New
York and II is stated in my account
Inc lowest price per acre soig o,a oy
5000 Therc are abou 400 acres. The bill Of sale was
drawn on july 81, 1873 NY Office. Alter refused
10 purchase the plaintiff said he would apply elsewhere
ana mentioned Dr. COckcroft OF thOse to whom
he would apply. Iemphaticaly wear tina; never tod
the plaintiff that would look after his interests IN ms
matter. When his guardian did look out Tor ms
a meeting Of the bOndhOders, or that had
eny conversation With hun. There were only two or
three meetings and the notices were sent out either oy
Judge Lawrence then announced that be would az,
iourn the until Friday afternoon at O'clock aud
that make to-day TO bave supposed by the learned
Justice who holds the Special Term that IT indicates
that think that this exnmlnatoh Is necessary OF n
Al proper he should suspend the case on u on
nccOunt this examination. nave Dceh loig p tue
opinion that these examinations are most shaihcluF
abused and n grown up apparently TO b. the ldea
action Is entitled matter or ght 10 examine Dis
adversary either for the purpose OF framing me plead
ing or for the purpose Of finding out wat lie VIII swear
10 on the trial IL rs only IN rare cases that mat rgn
ought 10 be allowed. shall adjourn this matter untH
the day after tomorrow -, .,..,
The Judge however added that he did not wish to be
understood saying that the examination In tins case
was abused.