Morning journal and courier., 1891-10-20
Court Notes.

THE DoMINIcK J. SULLIVAN CASE.
 The hearing of the manslaughter case against Dominick J. Sullivan, who is charged with causing the death of John c. Kusler, was resumed in the city court yesterday morning. Medical Examiner White was the only witness examined, his examination continuing for two and one- half hours, after which the further con- sideration of the case was continued until tomorrow morning. The testimony of Dr. White was to the effect that the state in which he found Kusler's body might have been the effect of any one of these causes: Alcoholism, pleurisy or assault; and that he inferred it was assault because he was aware of the trouble in Martins barroom.
 THE BUNNELL & SCRANTON INVESTIGATION. Attorney J. Birney Futile conducted an inquiry in the probate court yesterday in to the whereabouts of certain stock pur- chased by his client, Mrs. Rosetta E. Pier point fl om Bunnell & Scranton before the firms failure. Mrs. Pierpont paid to Bunnell & Scran- ton a commission to purchase stock which was not delivered and which was turned into the assets of the concern at the time of the failure. Mir. Futile examined Charles W. Scran- ton as to the whereabouts of the stock. John w. filling, George W. Robinson, counsel for creditors similarly treated, were interested witnesses, as was Lawyer J. w. Bristol of the firm of Bristol, Stod- dard & Bristol, counsel for Trustee E. C.. l Stoddard. The modus operandi of buying and sell | ing stocks on margins was gone through with, and MT. Scranton furnished consid- erable information on that score if he didn't about the stock Mrs. Pierpont is after.
 MT. Scranton testified as to the forma' tion of the partnership in 1873, and that he and MT. Bunnell each put in $5,O0C I each. When asked in what form MT. Bunnells capital was put in, he said 1 "Some stocks and the equity in the house 621 Chapel street, and some cash, think.
 Concerning his own contribution to the capital he said: ''As remember, it wal in money and checks. I think I put in { note of Mr. Bunnell's, but I cannot remem l Der the amount"
 When asked about the profits of tht business, he replied: 'I think we did no l lO5o nOuoJ duy yCdI. "O olA uOL 4udh' much money some years, but don't thinl | we lost any year."
 He and MT. Bunnell had salaries O. $2, 900 year each
 ''Did not Mr. Bunnell use the money O. Bunnell & Scranton to speculate withs''
 s'I don't see how it could be otherwise.
 "Do you know of any speculation wher' MT. Bunnen used the firms money ant used the profits for his own private usea
 II have no remembrance of anything that went into his account.''
 ''I don't care for anything about tn accounts. Will you please answer-yes O no?'
 'I can't answer that question as yo1 wish. I have nothing to concede, bu there is difference between your book keeping and mine that makes it difficult t answer" ''If there was loss on a speculation b MT. Bunnell privately, who paid tn . loss?"
 "Why it was charged to his account"
 "Yes; I know that, but who paid tn loss. Did not Bunnell & Scranton pay itl
 "Why, yes; suppose 50. The firm pal their New York broker, of whom MT. Bur nell bought the stock.'
 ''Is not the substance of your testimon then, MT. Scranton, that MT. Bunnen use the money of the firm to speculate wit privately and when loss was incurred th firm paid its'
 "The loss stands charged to his accour on the books."
 "When did you first know the firm we insolvent?''
 ''Short1y after the death of Mir. Bur nell"
 "You considered the firm solvent unt MT. Bunnell's death?"
 "I did,"
 ''How often did you take trial ba ance?'
 'Every night"
 ''Did the last trial balance you saw b ! fore MT. Bunnell's death show you that u firm was solvent?''
 q considered it showed the firm to l solvent"
 Attorney Futile endeavored to have M Scranton state if he ever knew positive the financial condition of the firm Aft, a number of questions and cross question MT. Scranton admitted that he never hs made any investigation of the firms stan, ing
 'Did you use the money for buying ar selling stocks on margin!' = I've used it in our general business. W made no distinction in moneys"
 "What did you pay for the seat in u 8 stock exchanged"
 q think $31 ,O0O."
 "Was this bought with the deposito1 money?'' , "Why, we paid for it out of the gener fund.-
 : "Had you made ss1, 1000 by that times"
 "I don't know"
 "Did you ever speculate on marginss" i. "I have bought stocks and they we l charppd tO my account y