New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-14
POOR MEMORY OLA WITNESS
MR.: SHORT COULD NOT REMEMBER THINGS
FOR ONE DAY,
Low WORK IN THE IVES TRIAL = THE RE-
coRDER DOES NOT WANT CARLOAD
OF BOOKS AT THE COURT HOUSE.

GOlNDEk DOIS NOE WANT n CAislLOAO
OF BOOKS AT THE COURT HOUSE
The Ives trial. " like wounded snake, drags its
low length along.s For four days the attention
II Recorder Smith and intelligent jury has been
devoted TO the operations of Mr. Ives, and to the
books ard affairs of the Cincinnati, Hamilton and
Dayton Railroad and those Of the young defendants
firm. In all that time only important
witness has been examined; and though no left the
stand yesterday afternoon, presumably in condition
OF exhaustion and mental dilapdation, it is
by no means certain that he will not be recalled
This unfortunate person. Frederick II. Short, the
secretary and treasurer Of the Cincinnati Hamilton
and Dayton road, subjected to the verbal
saut OF Mr.. Brooke for than three hours yes
terLay. lie had already suffered that able cotnsels
tender merces, which cruel for unhappy
half-hour on the previous day; no knew what TO
expect, and II with air which phrenologists
would attribute to the mingled and conflicting
activities of the bumps OF combaiveness and meekness
that he took his seat and leaned forward attentvely
10 catch Mr.. Brooke's opening questions.
These and the answers they elected, were
o-After you left the courtroom yesterday afternoon
where did you GOT Al went to Mr.. Parkers room. in
this building
o.-whOm did you meet therei Al hardly know.
met -
o.-Yos. whom did you meet. A-wel, Mr.. Wood
ruf may have been there.
o-Are you not OF that7 A.-No not quite certain
o-So you can't tell for certain and yet It was only
me TO q stranger.
Mr. Brooke got Mr. Short to fix the identity Of this
Mr. Smith by describing him clerk in Ives's bank.
There was not anybody in Mr.. Parker's room but Wood
ruff, Smith and the stranger. the witness said. and
he remarked TO the stranger: "Mr. Ives is looking
pale" Mr.. Short not in the room more than
sixty seconds, and julius Dexter was not there. Mr.
short afterward went to his own room IN the Fifth
Avenue Hotel and there saw Julius Dexter, Ardine
Marshall. Frank r. Lawrence and Eu-
Zirnn ru1an
about the Cincinnati. Hamilton and Dayton
road and the Ives trial. Mr. Parker several times In
terrupted Mr. Brooke while he pursuing this line
of examination. and finally Mr. Brooke exclaimed, an
erily: Don't answer for tho witness. Mr. Parker.
] know you pretty nervous, but lot the witness
alonc' oh we're all right this side Of the rail-"
responded Mr. Parker. brisky, "Dop't for moment
waste your sympathy on us" Mr.. Brookes inquiries
about the conversation in the hotel brought forth
answer that he did not like or expect.
"Was anything suggested to YOU about what you
had left unsaid in your testimony" he asked.
"Yes,o replied Mr. Short 81 was asked If there
wasn't anything that Ives had done besides what
mentioned. that considered dishonorable and said
that there was one thing, which had entirely for
gotten"
NJ. Brooke wanted to know II Mr.. Dexter had ex-
pressed any bitterness against Ives, and the witness
said that 10 hadn't.
"who it that employed Bourke Cockran''
asked Mr.. Brooke.
Don't know. Never heard of the man, answered
Mr. Short calmly.
Mr. Short in reply to a Juror, said that the pre-
terTed stock OF the Cincinnati, Hamilton and Dayton
road was 81 100000.
"wero the GOO bonds issued to increase the
rolling stock, build depots, and so forth!" no was
ssked by Mr.. Brooke.
"weL they were issued-o began the witness.
"No. sir!" shouted Mr.. Brooke. ANSWER my
question:
Recorder smyth interposed, saying in his quiet way
HE is doing 50, let him fnish'
But, ono moment" resumed Mr.. Brooke. I'M
pacihed.
81 want one moment myself" rejolned tho Re-
eorler. Tho witness viii 60 on and answer"
But" repeated Mr. Brooke
EGO on and answer" repeated the Recorder.
Weu,' said tho lawyer, al object and take an
exception"
The Recorder raised his eyebrows. It's the first
tme." he remarked that heard of lawyer |
asking witness question and then Directing and
taking exception TO his own question before it was
answered But, all right, you'll have your exception.
Go on,' no added to tho witness.
"The bonds were issued to buy machinery, rolling
stock, etc., and build depots," Mr.. Shorts
answer
Mr.. Brooke said that ne objected TO the Recorder
making comments upon his taking exceptions.
q have perfect right said the Recorder In
freezing tones, to make any comments upon your
extraordinary behavior In asking question and then
Directing TO it and taking exception
In his re-examnation by Mr.. Parker, Mr.. Short
identified letter sent to him by II. S. Ives g. Co.,
February 16, 1887, in which it was said that II. S.
Ives Co. had that day placed to the credit Of the
Cincinnati, Hamilton and Dayton Company g, 11o342
testified that Immediately after the resolution that
the railroad company should open account with Fl.
5. Ives Co. passed August IL, 1856, Sayner
telegaphed to him for $4,000 cash, which he sent
Mr.. Short added that the finances of the Cincinnati,
Hamilton and Dayton were in a much worse state
after Ives and Stayner got through with the company
than they before and that the road had paid
dividend since ives and Stayner had severed their
connection with it.
William Nelson Cromwell the assignee Of H. S.
1vss Co. called by the prosecution to identify
the books Of the ruined and runous firm. Mr. Crom-
well said that the books all in his possession,
but he incurred tho horrd frown with which Mr. Par
ker sometimes clothes his forehead by admitting that
10 hadn't produced all the books. lie said that he
had sent the DisnictAtorney those that he thought
would be of most service TO him. "Why," he added
all the records and documents would fill cart .
WELL inform you now that we desire them |
sn, without any DISCRIMINATORY said Mr.. Parker I
TI engage cart and bring to the door of the !
court the whole outfit, if needed rejolned the wit
ness meekly.
cerder and select what books you want" c
"a have done hat said the Assistant District ;
81 said,a explained Mr. Cromwell, that would q
myself in the of IN counsel and the but
Recorder smyh nodded assent 'f to this point in
been arrived at that counsel both sides should have
Identified number of checks and books that were
hand. Then tho trial was adjourned until IL o'clock
On Monday morning. }
BUSINESS LOoKS MORE CHEERFUL. 0
The business failures last week reported to the
r. C. Dun e. Co. Mercantile Agency were 40 for the