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

year. ...
o.-on the average how much have your meals cost
YOU az the Union Club since you went to lodge a. On
East Twenty -third-sti Al should think RON Siz 10
SIS per week.
oIs that inclusive of wines and cgarsf A-No 1t Is
o-How much the week have your expenses aver
aged. since 1879. for wines. hqnors ana cisarS' A.
Ouaye YOU paid any thing whatever the debt OF
honor which you contracted with DIR. White OF primer
pal or interest the bill therefor was rendered 10
you, and If so, how much Al have not 18th =, nr
Q-When did You first learn OF tne aea S "a a. III
white Al knew OF it the day he died. but the date
-ow after his death did you learn that his
sister had been appointed HIS eAecuulA' n
0uoyy soon after you knew that his sister had been
appointed executrix 1t that you gave the ho'ei
A.-That question cannot answer. 49,. oos,,ons
O-Can you not answer either OF those three
andre xinatey Al don't know how to answer tGac
question. never had any communication Will Mics
o." o@Dd You ever have any communication with any
| person on her behalfi A.-Ycs- IN,
out solicitations A.-Her attorney drew UP tho no1S
| and signed It without hesitation ,..u. ~
After several adournnents the proceedings "ere TO
Eben Kimbail appearing on this 21st day Of March,
1885 pursuant adjournment, and being rurther e4
| amned, testified as follows - ,a ,ndo
Q-What am cunt did you expend for your board NICE
pendent of your expenses tie Union Club Al sup
pose twenty-five cents day would cover III IL Is m ~
| Odd you have conversation with Mt Butcner
since about the time this Judsment was
know him then; had never heard oil MN or OIL
Mr.. B0stleman either. - - - 81,
with Mr.. Butcheri A.-Casual cow ersation ,.,,.
ON that conversation did You say to ME- butcher
In words or that had your letters sent
to the Union Club but that you did not get your meals
not say any such thing win tell you what diG say to
him; allow to go back moment; hold ON. l MAJ 10
wrong about that said Mr.. Hail. the attorney OF inc
estate to whom the given, had told me mat any
notice Of Proseeang papers to be served ~C re
be served; then when met Mr.. Butcher related Ihs
and didn't know him il rccoect rightly. and that was
served club, the Union Clad, because he usuvI
stood that altogether lived there's then said that dd
take great many OF my meals there OF my meals
there but quite often dmed at restaurants wnero 'eS
ois that the entire and exact conversation had
with Mr. Butcher the occasion referred so ,
BOstieman suggested whether OF not eOud from .ic
time make partial payments on account OF me qs
both he ana Mr. Butcher said that II from time 70 tme
could make such payments, that examination such rs
| am going through now, could 6e postponed. ., cor,
hal with MIR Butcher on the occasion referred to .
AIR Butcher said no had discounted the note SUP
posing II to good Mr.. BostleIna said that no would
notify me when to come to his Office accept service
any papers necessary In the matter tnat Is as lar s
thing; il was suggested the execution should be re.
| turned and Joint letter written by Mr. Bostlenan
be returned, II that is the term. am not up in legal
phraseoogy. and went to the deputy sheriff VINO prom
| Q.-Iiave you had any other conversation with MI
Butcher than the above referred to ut Mr. Boste
! man office A-One yesterday morning. coming down
the elevator went twice 10 his Office on "Wednesday
and Thursday simply to know about TINS exSniha
| o.-Have you had any other conversation with Mr..
tSa tbe ano Won have above narrated A~No never
had but the one; never met him there but once.
| CLUBS AND CHEAP RESTAURANTS"
o-Do you swear positively that you did not in that
one conversation with Mr. Butcher say that you dned
or took your meals cheap restaurants ANo more
than have said above that dined out mostly at tho
Union Club and sometimes at table dboe restaurants
| or sometimes at chop houses.
Q.-Then II understand You. you swear positively
that you did the phrase cheap restaurants In
that conversation Al can't say whether used that
| term not
Q-when did this conversation take place Al can't
fix the date let me Sea week last Monday
the first time hereabout two weeks ago should
think. About two weeks ago.
Q-Is your memory defective that you cannot reco
Ieet within two weeks of conversation whether you
used the phrase cheap restaurant" in reference to
your own living. whether you did mott Al may
have used It in respect TO chop house. did not
suppose it was important to be matter OF
testimony.
Q-Arc you positive that you did not say that you
took of your meals In cheap restaurants Al am
positive TO that
Q-was Mr. Bostleman present at that conversation
CThe witness here adds his former that is
| to the best OF my recollection
Last question repeated. Ale was.
o-Is your recollection clear and distinct what
was said in that conversation A.As ordinary CONVEX
sations go.
Odd not the conversation with NJ Butcher make
any more impression on your mind than ordinary
| conversation A.-No. 1t did not
Odd YOU swear positively that Mr.. Butcher used
the word discounted IN connection with his ownership Of
the note in that conversation A-That is the best
OF my recollection to the of my recollection do.
Odd not Mr.. Butcher IN that conversation ask you
how you could afford to live at the Union Club II you
were not able 10 pay this debt words that effect
AoDo Won swear that he did not ask you that quos-
ton in that conversation ATO the best of my roco
Odd you say TO him in that conversation that 1t
only cost you S75 year A.-what coat So a year
| Q,-Tho Union Club only cost yon $40 year A.-No,
| / don't recoeci having spoken Of that at all
Did rot Mr. Butcher in that conversation say thi.
il that yon live at the Union Club aud vet cannot
Ss don 0 f ther Th he ed
You Don't you dine there" and you answered No
anywhere it only costs me S75 a year" ? Mot 70
my KNOWLEDGE ga ever make thaT s .i ne
oPDo You swear positively that the conversation rs
asked Won above with the exception OF the
small Judgment did not occur A-To the best OF my
Q.-Do yon mean to swear that you have positive
tsS H S RSf I ccsT tho best OF
Q. BY witness-Does anybody say that that converse
| X.-Counsel answers Mr. Butcher SAYS It did occur.
| Q.-Dd not Mr.. Butcher IN that conversation "ay he
had bonght the notei Any recollection Is he said he
Q~Did not Mr. Butcher IN that conversation say to
You That ne nlu DOuEnb loCo A-Not 10
| my recollection; IN fact say no to that put that
down. 49,
| O-Ts your recollection in respect clear. distinct
and accurate as IN any other part OF your testimony
| Al Judge II TO be.
O-Have you promised to any ono topay this note
| before suit brought Al told Mr. Hall would
pay It n possibly could, but as TO any time, never
1 was in q situation to promise or pay.
Q.-How often have you told Mp Hall that Won would
pay said note Al suppose three or four tmes-Inay
be only twice
| Q.-When did you promise A-Wen. can't tell
that.
\ O-Can you tell the year A.-weil. 7 told him IN
1884, and told him In 1888. the early part OF the
year.
| O-Have YOU ever kept or attempted 30 fuhl these
promises Al have simply been not in position to
I nay the note from lack of means.
| O.-Haye YOU paid $50 20 the Union Club for