New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-03


sworn to before mo tnist
ERNEST HALL. Justice.
| The examination of Mr.. Kfmball being resumed
gwen a above YO a nfi have inc testimony Oh NM
eoDd YOU recognize that he eontradcted your testi.
mony In important particulars Al recognized
| that our testimony did not agree. 1910
conversation after hearing the testimony
Butcher in relation thereto A-teferrng to the
| conversation to the best OF my recollection. ,.
Q-Do You adhere to your statement heretofoTe oss,
| the beet OF my knowledge and belief.
Conversation a. given in his evidence read 10 VIII
A..That is the conversation as I recollect It.
| Q,-Do you now swear that he told you DC had dis;
counted the note AThat is tho term to the best OF
9-Do YOU not know that tho White estate held that
note long after became due Al understand IL 10 De
| n demand note. Is not that a fact
QI think IL is payable IN forty day@ Al VIII an
Q~Do You understand that the term discount in rea-
not matured Al should think it did, am simply
QEDo You not know az a matter that plaintiff
could not have discounted this note In SUIT AFTER its ma
turty Att occurs to me nov that no could not III
Q-Now that he swears that he said he bought it for
value and that know he could not have discounted
it do you still adhere TO your testimony that ne said he
had discountediti A.-5nnpy any recollection OF the
o-Is your recollection Of tho torn used In respect TO
he did say that nc had discounted the note Al am
willing to to 1t that Is my recollection OF the
Q-Do you meet at the Union Club any Of the men
whom you have named from whom you buy exchanges :
o.-Are any OF the mon from whom you buy exchanges
o-Who are A.--lIr. Ducr OF James g. Kings Sons.
sometimes meet Mr. Morgau-Plcrpont Morg al.
Co. That is all can think OF. EBfS kIMBALL
Sworn to before mo this
ERNEST ALI, Justice
At subsequent hearing the following testimony was
Hcnry C. Hall, being called witness on behalf Of
Q~Did you receive letter dated January %. 1888.
from the defendant IN which he says: Absence from
town Il my for not replying to your myors
Odd you answer that letter : Al did. .o,,
Q-Dd you the defendant afer you answered said
Q.-Dd you have aconversaton with him, and II so.
day he called me February o, 1885, in response
my letter Of January 81. 1888 Bald hc dehircd To ex
plain his aDOut having been out OF town said
| IL WAS clumsly expressed; perhaps-l think nc used
those wofdshe did not mean 10 say that ne had been
| out of town since December l. 1857 that is about
what ho said In regard 10 that point nc thst time nc
o.-Have you read the testimony of Mt. Kimban re.
ferring his from town Al have, In regard
to his answer that appeared satisfied with what exp
nation he made Of his statement rs to his absence from
town. and so expressed myself don't think did
express myself his expression that 1t was clunsy
expressed simply passed over aud took up tho matter
OF payment he says further In to the question:
you positively ocolect that he said So namely That
t was satisfactory the time; Mr.. Kimball states That
Is my recollection cannot believe that Saiu so, rs
remember tnat simply waived the matter ~ tue te
and proceeded TO ask nun about payment II - my s,i"ng
recollection that never regarded Tho explanation as
O~In your letter TO Mr. Kimball. January 81 1888
you say Bat you also state that you have been abb
has been positively denied creditable authority, may
infer that your nrst statement may nave been equally
hasty had before writing said letter received any
information Regarding the absence from town Of defend
ant and II So what A.-Ihad. statement was made
| To INC by more persons cannot remember now
who broker at The Glonham Hotel that Mr. KIM
ball had by him them at tho club windows
directly opposite said hotel counting I'm and out from
the club daily for weeks past. | think that one man
| club window for mouth. HENRY G. Hall.
sworn to before me- s 7h day e Apr T;a isja Justice
| 4 DEFECTIVE RECOLLECTION.
Mr. EImbaIl WAS subsequently recalled and testified as
| follows:
Q-uayo you read heard the evidence OF Mr. Henry
C. Hall above given Al heard 1t as Mr. Hall gaYeit;
| / have not read II.
Odd you not tell Mr.. Hail. he then stated. that
you did not say had been out Of town
since Dcceiubcr l. Iss2-thnt Is In that conversation
you had With him In February, 1851 Al cannot re-
member.
OWN YOU now say that Mr.. Halls statement In that
respect "a untrue In any particular Al cannot state
ono way the other 7; simply do not remember the
| conversation.
Odd you not. In that conversation tell Mr.. Hall
that you had been OF tswn since December I,
1882 Al do not remember TO have said
Qfyou did 80 state TO Mr.. Hail. was that statement
| true Al cannot state cannot remember.
| o.-Dld you In tho conversation with Mr. Hall above
referred To- mako any statement Intentionally false
which, n matter OF fact, was untrue Al did not
! intend to | do mbcr tho conversation.
@ Mr. Hall says In his evidence that he does not think
that expressed himself satisfied with your cxpana
ton; do you remember anything that subject A.
| Idon't remember believe him to have done
| Olive his language fully AMI rs accurately on
this subject cant Al can't remember his Ian
| Suage.
Q-fyOu cannot give his language give the subject OF
what he said that subject as fuzzy you can Al
Qis that the best answer you can give to the last
fQ-was your memory OF that conversation any better
when testified on that subject man It IA todayi A.
II nave "A belief, don't know that II was; had be-
lief that Mr Han was satisfied by my explanation.
presseo huisef satisfied with that explanation A..
M Us T. tSat I stiII your impresslont A-rtts
Q.-fhen state what he said when he expressed him
sen 1ss sr HAL te you IN Shss Conversation that he
hal been informed that you had been seen IN the club
windows daily for weeks pasti Al don't remember
O-IIad you not from tho first day of December 1882
day of February, 1883. been daily almost
| daily to he Union Club A.At some time during the
day, perhaps. unless was ont Of town.
Q-Wcrc yIu out OF town any day days between the
LIST day OF December 1851 ad the 9TH day Of February
| Q-You will not now say that you were, will yout
| Al cannot romember.
| Q-The question put was not what you remembered
but you win now say TO my last preceding question.
which here repeat you VIII not now say shat you were
ber 5s2 and the 9Th day Of February 1888. will You
Al can say anything Sooaei ieShhot reeoiect the
l circumstances
| Q-DOnt you know matter OF fact. that you
in tho City Of NewYogk during that time Al cannot
| state positively.
Q-ts not that your best recollection Al cannot
recOllcct.
OFF you absent from the city between those
dates how long at tho most you absent Al
/ cannOt say.
Q.-Have yon no recollection ON that subjects Al
| cannot remember.
| Q-Do you Rlean DO understood that you now are
wholly unable recollect whether You were
from tho City OF NewlOrk for two months
the winter OF isS2-1SS3 little more than two
years aSoi Al do not remember whether cut
OF 70 vn or not.