New-York tribune., 1880-02-19
THE COURTS.
,,,ncp covING,s DEFENCE.

JUDGE COWlNG'S DEFENCF.
TESTIMONY IN RELATION TO THE PURCHASE OF 1Hh
LAFAYETTE COAL COMPANY BoNps FROM "h'
f. TUGNoT-THE JUDGE ON TIE STAND
The interest in the trial of the SUIT OF Oeolse
e Tugnot against Jndge Rufus B. Cowiug increases as
IL draws 70 a close. TIE surreme Court specl" i','
room was well filed yesterday several lao'ts
among the listeners Evidence was Introduces oS VI"
defence 10 show that the bonds OF the Lnafe''e VOC"
Company which the plaintiff says were oot"''u ~ ~
him by misrepresentation and Deceit were az o i.,
bought in good faith for the convenience oi the Pa
and for his benefit
urs Rufns y Cowinc testified 10 proposition icaoe
toher in July 1878 by the plaintiff for the purchase
NJ the bonds which ne owned she refused to pay the
sl 800 which be wanted. but authorized her huSoanu ="
nav 81 900 for them. He followed her iDstrucuOhs
4, buying them. The quarrel Is family one Tie
p,aintif ia brother OF Judge COwngs wife, ana r. DE
p Rickets the next witness, also married one OF the
plaintiffs sisters.
Mr. Rickes testified that MI De Milt (who was also
brorler-in-aw of the plant H. Judge Cowine ana 'ne
witness were the three executors OF Mr. TnSnOt t"er
father-nlaw Mr. Tugno left $25,5OO OF the Lalayette
Coal Csmpanys bonds to his four children IN aduuOh 10
his other estate OF this amount the executors gave
So 600 OF the each of the children ana retained
IS 100 for distribution The painth at the ue
asked the witness what lie considered the bonds worth
He told him that II his wife were offered Sl,3Oo
for her interest he would advise her 20 take IT,
The plaintiff asked If Mr. Rckets would give him $1,000
for his sha C. Mr. Rckets replied that he woudnOt take
them at any price and advised tne pai 70 G HIP Pighf
be discovered. Afterward MI C0wlng tOld tne witness
sell his bonds Tor 81 800 they refused TO buy either
as executors or individually: -, cha rrecso,ns wit
ness aud the sister OF the plaintiff testified to CONVEX
satsn in Jny In resITd ira 10 tne a@d e
were travelling. Mr.. Co wing told Mr.. Ricketts, and Mr:
De M tnat George Iugno wantedo 1ei ms & oOns anu
asked each OF them II they wanted 10 Duy '4et Gno @
said no. At the hotel at WoOdsburg, L. l.. the next
evening the subject came up, and Mr: CoWne tou
the witness that he would give her 1000 ior hr DonIs
or advise his wife TO sell hers Tor $i0OO ~ sne
have The bonds 20 out OF Tie family The DAY Mr.
Cowing told that he had bought Georges bonds
ior $1,000 and that instead OF 9ne'qur'er ne she no"
Judge Rnfus b. CoWing then took the stand After
the elder Mr. Tugnops death, he testified tue
executors examined bis tin box ana lnaGe
schedule Oi Ss OF 6a S dsped sesen Mgn He a
whether II necessary 10 90 through the eufogae
Office The witness told hin mo iRss '3ey % Ag Amst 1ke M
1877 they went over the accounts together so lnat he
tame as his two sisterS-Mrs Cowng and Mrs Rckets-
cared for in the same way as theirs lie expressed
" Every investment" Judge CowiDg continued that
was made for my young ward was made win bis Iull
him apy counsel fee for my services. Every Investment
was made in the utmost good faith tod MN lhat
the land of the Ltayete Goa Company that Therefore
would better that he should put the bonds where
they would he safe. mad him put his Sc nrites IN
safe deposit company. COW state that II there Is
single farfhng by any bad management or through me,
stand ready aud should consider my duy TO make
restitution fOur-fOi But declare here that had no
Intention to msead deceive him, and yorythng |
did was for purpose OF advancing his Interests No
kne knows this better than lie dOcs When the bonds
were purchased from him had no knowledge that OIL
had been discovered on the cJa lands.
on July 30 1873, the plaiDh came TO my Office and
wanted sell the bonds. advised him not to DO So as
they might be valuable in the future. He said he was
determined TO sell them and IL wouldn't buy them he
would go elsewhere. told him that didn't want tht IN.
but would tell his sisters of his determination. dd
tell them ana thev said that they didn't want them at
81 5OO-he price that the plantff asked. asked Mrs.
COwng If wOuld risk 81 900 ON them. She said she
would. When told George of this he said he thought
he ought to have 81 800. replied that thought too
that ought not 10 sell them. but TO Keep
them. But he insisted on selling them and said lac
would take 81 600 / made out the bill OF sale which
he read and signed and paid him the money"
Mr. Root" Was there any fact affecting the value OF
the La ayette coal bonds that withheld from the
paintifT
Judge COwing-" Most emphattcally, never II was
Hy intention disclose everything that knew OF the
natter. never intended TO conceal anything, and
j "a wicked calunny TO say So"
Judge COwing's testimony will be continued today