Page:Federal Reporter, 1st Series, Volume 9.djvu/281

266 PKDERAL REPORTER. �crediter of the debtors, and Mr. Daniel N. Grouse, -whose firm, also, was at the time a creditor of the debtors, had an interview with Henry Y. Cadwell on the twenty-second pf March, 1877, at the store of the debtors, and asked him for a statement of the affairs of the debtors. He declined to make one except in the presence of his attorneys, McCartin & Williams. Afterwards, in the presence of McCartin & Williams, he declined to make any statement except as to liabilities. The same persons, Mr. Brown and Mr. Grouse, with their attorney, had an interview with Henry V. Cadwell on the thirti- eth of March, 1877, at the store of the debtors. One of them asked him if he had been sued, and he named three suits, saying that he had been sued for a small amount, but not naming the suits by the bank. He also declined to answer, except in the presence of Mc- Cartin & Williams, as to whether he had paid a certain note of $600 since he had atopped payment. Afterwards, in the presence of one of said attorneys, and on his advioe to that effect, H. V. Gadwell declined to answer as to that matter. On the part of the plaintiff it is testified that in reply to an inquiry made of H. V. Gadwell, in the said interview of March 30th, as to whether the firm had been sued by any one but the three named, he said that they had not been sued by any one else ; that in an interview on March 30th between Mr. Grouse and Mr. Brown and said attorneys, one of said attorneys said to Mr. Grouse that they should allow no judgments of any amount to be taken against the debtors; that one of said attorneys, when asked by Mr. Grouse, at said interview, whether any one had sued the debt- ors, inquired "if we wanted to put them into bankruptcy;" that the reply was, "I told him I did — if we could get any points we wished to file a petition;" that Mr. Grouse, at said interview,, asked one or both of said attorneys if the debtors had been sued by other parties, and they denied knowing anything about it; and that H. V. Gadwell said to Mr. Grouse that he declined to answer any question except in the presence of McGartin & Williams. �H. V. Gadwell testifies that McCartin & Williams were his attor- neys when Mr. Brown and Mr. Grouse came to se© him ; that he told them that his attorneys advised him not to talk with them about his matters; and that he advised aiid consulted with McCartin & Will- iams about the aSairs of the debtors during the tinie between the two visits of Mr. Brown and Mr. Grouse. He does not deny being asked by Mr. Grouse if he had been sued, and admits that he told Mr. Grouse that he had been sued by so and so; but denies that he said"only" by so and so. He admits that at the first visit he re- ��� �