New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-19
no WORSE THAN ANY ONE ELSE
THIS WAS MIR. NICOLLS PLEA FOR
THE ACCUSED BROKERS.
HE ARGUED THAT WALL STREET OPERATORS
MONTAGUE CLARKE & co.-THE DE-

EVERY DAY DID THE SAME THING AS LA
MoNTAGNB. CLARKE & Co.-THE DE-
PENDANTS ALL HELD FOR
THE GRAND JURY.
Justice TaIntor resumed the examination in the
Tombs Police Court yesterday morning OF the COM
p,alnt of Florence VI. David against the former
firm OF La Montague Clarke & Co.. whom ne
charges with the larceny OF $4,000.
Charles s Metca,fe, who was the bookkeeper or
the firm, was the first witness Mr.. WINS called
for the books Of the firm. and proceeded to look
through them. In moment John w. Gof was on
his feet objeclng. After fifteen minutes argument
the Justice decided to allow Mr.. WINS to examine
the books Mr. Gor asked the witness If any Of
the entries in the book were in his handwriting;
the witness couldn't say whether they were or not.
Mr. Cor then contended that witness was not
competent to Identify the book There was another
long argument, and finally Justice Tantor allowed
the witness to Identify four books
Eliot Norton, the receiver OF the firm. was the
next witness. Messrs. Nicoll and GoT held a
consultations and then said that they conceded that
the stock had been sold June Is, 1893 They did
this to shut off the Justices line Of inquiry. JUS
tlce Tantor refused to accept the admission. and
claimed the right to the books
Mr.. David was then recalled 70 the stand, and
Mr. Gon began the cross-examlnaton, In the course
OF which there hot argument. Mr. Con said;
III the witness Was more putuAui' We SN"'N 90
along more easily"
Mr. WINS replied "You never more truth
fu witness In your life"
Mr. Con then asked Mr.. David II he didn't go to
the Office OF Mr.. Norton a Sunday and by rep
resent ing himself as a clerk Of Ia Montague Clarke
a Goa attempt 20 bride the ianltor 10 admit MN
20 the office He admitted that ne had onered the
jauitor an nGucement 49,, ,,
Eliot Norton was called 10 the stand Mr.. WINS
asked him n NJ had the books OF the firm IN court.
lie answered. yes. Point out the entries relating
- the wheat transactions between the complainant
and Defendants" said Mr.. WINS
Mr. NlcO.l objected saying that the private DOCKS
IF the defendants could not be used against them.
as II would be a violation OF their constitutions
rights. Justice Taintor said: Il would like to look
AZ those books myself 800 .
cannot. We won't allow those books to be used or
seen by any one" Finally the Justice decided 10
open the books. and then Nj WINS discovered mat
tho books produced contained only hall the entries
Mr. CON made the argument on the ground that
the complainant had not produced one ioa OF proof
that a crime had been committed. When he mad
An'sned Mr. Nicoll made a formal argument.
These men" ne said. did only what Is DelnS
done every 1av by every broker in this city. II has
been done me. Mr.. WINS. in fact. everybody
within the sound Of my voice" continued Mr. Nicol.
i- a-a.n sat down. Mr.. Con made another short
argument He ended by saying: There Is not
Judge Of the Supreme Court to-day who would have
heiI stray yellow dog the afidavits upon which
Won he'll those men" In answer Mr.. WINS said
thof ne hal nothing say he was not instructed
In the jurlsurulence OF yellow dogs. All three men
were held for the Grand jury In $4,000 ball each.