New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-18
THE WAYS OF BROKERS.
or LA MONTAGNE
CLARKE & co.
FLORENCE NJ. DAVID REHEARsEs HIS CHARGES
AND GETS ALL MIXED UP-DE LANcEY
NICOLL. JOHN W. GorF AND JUS
TICE TAINToR ALL TALK AT
ONCE AND THE CASE is

ONCE AND THE CASE IS
ADJOURNED
The examination in the case of Florence NJ
David Of Montreal against la Montague, Clarke
a. Co brokers whom he charges with swindling
hin, ont OF SO 900 in a stock transaction, was held
In the private room OF the TomDs Ponce court
yesterday before Justice Talntor. There was an
array OF lawyers present. De Lancey NicoH ana
Charles H. Russell represented Edward La Mon
tagne; ]. w. Gofr and A. c. Brown represented
Elisha Fulton jr. and Holman Clarkes interests
were looked after by William +. Howe. Edward o.
Parker and BENJAMIN J. Downer took care OF the
prosecution Mr.. Howe was the only one not reauy
to 20 on and he severed his clients case from that
of the others. and a date later will be set for
his examination.
Mir David was called 10 the witness stand a
long discussion took place led by Messrs. Golf and
Parker. as to the method OF cross-examination
Finally. Mr.. Parker tried to procure from the
witness an account Of his transactions with La
Montague. Clarke & Co. in May. 1893 Mr.. Con
made objections constantly. Mr.. David sad
Il ordered defendants TO buy l.l2O shares OF Can
adiar Pacific Railway Company. I gave the order
FIRST to John T. Iaviland. employc OF the firm
in Montreal and later to Herman Clarke In New
York"
Through a maze Of objections. he said that Havi-
lard was In communication with Herman Clarke
lie then went to rchearse his side OF the story
Mcssrs Nicoll and Con interrupted the witness
and asked him 20 come TO the point and show that
the firm had ever stolen dollar OF his money.
The case had become almost farce. The witness
persisted I'm bringing In extraneous conversations
and conclusons while Messrs Con ana Nicoh
kept UP a continual flow OF objections. inersperscd
with repeated warnings to the witness by Justice
Tain;or. Nothing like clear statement coud be
got from Nj. David. The point was made mat nm
application for dissolution OF tne ll, ,ons which
on September l. and al the conversations WIZ
Mir. David had after his arrival on Sep'e hipG,,
on any other member Of the hrn Mr t>,co;, $40 ~
had the plaintiff had begun "A civil action IN inc
and dumped I'm all the evidence In the clNil case
to warrant the holding Of the Defendants so as 10
oursded talking match then ,b bSsq r. rk Justice
talking at once. the Justice winning by weight OF
In answers to A question by the Justice. Mr. David
said that the only member ~ the nrm u whom he
had ever demanded the return OF ms STOCK "@s Mr
asked to tell the exact conversation. he said. with
n drawl Il characterized the whole thing rs a
Charles :. Mo;calfe. OF Stamford. Conn formerly
n hookkecper Tor the nrm. was then placed on me
siand lie tesnei to the PuTcha. , % me si9eE r
margins on the wheat deal before June - +, ne
witness told Of a conversation in which Mr- Fui'9n
had said that cable message should be- SEM i 10
Mr.. David calling FOR S@Ul more marsn On juno
c. although his stock had been sold more than
month before.
Of the Witness tcstimony Wnen me 'ga s s
had been settled nothing material was tAhel rom
VI
journment for foriy-cichi hours Mr. Gon objected;
and the Justice said that b. would adjourn the case
until 10 O'Clock this morning. as he had private
business % attend TO-
Despite the declaration TO adjourn ihc defence be-
gan to cToss-cNamiue the witness Mr.. Con asked;
Mr.. Mccalfe. how much have you received or DO
you expect 10 receive Tor testfyns here"
Nothing
"Do you hope % receive anything
no Ny AFFIDAVIT was made simply out Of
Justice"
did You not say you would get even With one OF
~ might have said that"
Didn't YOU saw Il 90 Mr.. HaYlanl, Mr. Norton
and Mr LnwtonT'
Yves. ! al
The witness began 70 get ratified under tho FIRE -
questions and his memory suddenly failed him. He
lost all track Of his preceding answers and know
nothing positively. Mr. CON failed 10 CLEAN any
thing Of value. and Justice Tsintor interrupted -
ask counsel 70 agree on an adjournment to o'clock
| this morning.