Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1897-02-08

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then or not? A. I DON'T @. When
did you first notice that the Berry
goods were there? A. When I gave
the keys to Mr.. Stevens. @. You
were town clerk while all these pro-
ce edings were going on? A. Yes sir.
The next witness was Mr.. Gushing
of the firm Gushing, Olmstead &
Snow.
@. Mr.. Gushing, your firm has done
business with Hammond & Buck? A.
Yes. Mr.. Chushing testified that he
received statements from III. & B. on
Mar. "a and Nov. 20, which we're TAX
en- as certificates of credit; he testi-
| fed that Mr.. Buck came to his store
in July, 1895, and previously in Mar.
| 1898; that he (Cushing) asked him
about the financial standing of his
firm in July 1895, and that he said
there had been no change since 1898,
he had not taken an inventory and
could not give an exact statement.
@. How large bill did he buy at
that time? A. About $1,000. @. Up
on what did you rely in selling him
these goods. A. Upon his statement.
@. If it had not been for this state
| ment would you have sold him the
goods? A. No sir. @. When did
you first know that the facts were not
as he had stated them? A. On re-
ceipt of the letter. The council for
the plaintiff asked to read the letter,
but before doing SO the court asked
to see it and adjourned until p. m.
The afternoon found ali the seats in
the court room crowded.
The letter was objected to by Mr..
Young and only paragraph of it was
admitted, that paragraph showed that
their indebtedness was between "a
and $35, 900.
@. Mr.. Gushing, what did you do when
you received this letter? A. We i'm
mediately sent an agent, Mr.. Ducan,
here to attach the goods.
Gross examination by Mr.. Young.
@. Did Mr.. Buck make settle
ments that date? A. He made no
settlement to my knowledge. Mr..
Young then produced check given
to the firm of Gushing, Olmstead &
Snow by Mr.. Buck, and indorsed
the book keepers, settling all ac-
counts up to date.
@. Did you send part of the
goods ordered Aug. % 1895? A. Yes
sir. @. Did you send another part
Aug. 29th? A. On or about that
date. @. And another part Sept. s..
A. Yes sir.f Qas Why were the goods
sent inS this way, "A. I'VE had not all
the goods in stock and had to have
some of them manufactured. @.
What is the meaning of the stamp on
the left hand corner of these bills?
A. Rest of bill to follow. @. Why
was it omitted on the last two. A.
Only forgetfulness. How much of a
bill did you ever sell them at one
time before 1895. A. About $500.
Mr.. Young then showed where they
had sent them 5000 worth at one
time, and that in 1892 they sold them
Sc, 900, and in 1890 about So 900.
Mr.. Young asked Mr.. Gushing if he
would swear that in the interview
with Mr.. Buck about the state
ment that Mr.. Buck said an
'sexact statement, and Mr.. Cushing
said he would so swear.
@. Did Mr.. B. tell you whether he
owned stock of goods or not? A.
He did not need to tell me it was ev-
ident. @. Was there anything said
about real estate? A. No sir.
Mr.. Seaver of Troy was next called,
and testified as being the assignee of
the estate. He testified as to what
goods he found, what he sold them
for, and what was realized from the
book accounts and notes; he also tes
titled as to having collected part of
the book account. When asked if he
was defendant in the case he said in
one sense he was though financially
he had nothing to do with it. He
thought the defendants were the in
dorsers of the Hammond & Buck note
When asked if the Savings Bank was
a defendant he said he did not know
Mr.. McKinnan of st. Johnsbury
testified to having sold the firm of
Hammond & Buck flour for several
years, and an unusually large amount
the fall of the failure, he said that
they bought 100 bbls of -four without
asking the price of it which he
thought very singular thing. Mr..
Young objected to this testimony, but
Stafford for the plaintiff said he pur-
posed to show that the firm of Ham
mond & Buck had been buying more
goods than they could expect to pay