Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-06


have been called on both by Mr.. Tabb and
Mr. Goode. TO state my recollection Of what oc
CURED at the time Of Mr.. Tabb's taking the oath
insolvency, on the Stat December, 1910. My re-
collection Of what then took place, Is rs follows.
When MIR. Tsbb made known 10 the Court hi.
wish TO discharge himself from custody. by taking
the oath, MIR. Mayo, MIR. Daniel, Mr.. Jones, and
Others, were in Court. I enquired for the notice
aud schedule; the schedule was handed to me by
Mr.. Tabb, who stated that MIR. Goode waived no.
tee; MIR. Goofe then took the schedule, and after
reading u, said that he would waive notice, If Mr.
TnLb would surrender a list OF memorandum Of the
names of the persons for whom he had acted as
egent'in hiring out slaves, &C. and asked Mr.. Tabb
Tor such a memorandum. Mr.. Tsbb said he was
Wiling give up the memorandum il the Court re
quired II, and commenced replying to Mr.. Goode,
but WAS interrupted by Mr. Daniel, who said 10
hifn that he had better say nothing but be guided
by his counsel MIR. Goode then INQUIRED of the
Court II he could PROFOUND nerrogatories to MIR.
Tabb.-To this Mr.. Daniel, "a the counsel Of MIR.
Tabb, objected, and the Court thought il would not
be regular to allow Mr.. Gocdo TO do So and di.
rected the oath TO be administered to Mr. Tabb and
an entry TO be made on the record, that the coun-
sci Of the plaintiff was present, and did object.
MIR. Goodc then said something about his having
been sent for, to come Court on other business
and that his client entitled to notice; and unless
the list or memorandum was surrendered, or he
permitted To interrogate Mr.. Tabb he could not
consent 10 waive notice; but Immediately afterwards
did consent to waive notice, and the oath was ad
ministered. The waiver Of notice was made lust
as the Clerk was about TO commence admiiisteIiny
the oath. Some conversation took place relative to
the publishing Of q notice in the newspapers; but
whether before after Mr.. Tabb left the Office. I
cannot say with certainty. IL think, however, az
forwards.
am the Deputy Clerk of the Court in which
Mr. Tabb took the oath. VIM. g. SANDS.
February 3. l5il.
On the 3lst December last, the day on which MIR
p. NJ. Tabb, sen'r, took the oath of an insolvent
left the Court Room for short time, believing that
should not be wanted before my return; but on
returning found that MIR. Tabb had applied to the
Court to be permitted to take the oath of insolvency
ut the suit of VIM. A. Carter. Justa entered the
court room, Mr. Tabb was about to say something,
which, supposed, related TO his application when
MIR. X. L. Daniel, then present, said to him that he
had better let his counsel manage the business for
him, Tor words TO that effect, and in few moments
afterwards, according my recollection, MIR Goode,
the plaintiffs counsel, said TO the court that he
should make further objections to MIR. Tabb's Ia
king the oath. The Judge then told TO administer
the oath. and state the record that the counsel for
the plaintiff was present and waived his objections
thereto. J. ROBINSON
Feb. 4, 1871.
MIR. PHILIP NJ. TABB, ST., has, It seems,
Ifl thought it important, or rather been ICON.
PEELED" by necessity" To submit TO the public an
elaborate statement, by which, he would make il
appear, tnil lnere Is nothing connected with his
having recently taken the oath OF insolvency, not
deserving commentator, while my conduct as coun-
sci IN the case, Is such TO compel the public To
discredit and condemn me. Sustained by the con
seriousness OF having done nothing in this case which
is not consistent with my duty and with propriety, I
sha not trouble the public with any sympatke and
apologize appeals-nor should again thus appear
before the public TO point out, in reference TO this
statement what otherwise might escape notice, and
yet what deem essential TO proper understand
ing of all the circumstances of the case, did not
believe II TO be duty demanded by the rights and
interests of others | propose merely, briefly TO
advert TO some OF the most prominent features Of
Mr.. Tabb's statement, and 10 direct attention to
lew facts so substuna.ed as TO admit, net of dis
proof, however vehemently denied. This done, the
public may deduce their own conclusions. | do
not think 1t necessary, as it would seem Mr.. Tabb
does, TO resort to such arguments (epithets) as
false, ;" utterly false" by way of more certainly
proving what would have the public believe.
Mr. Ta6b says ne transferred his "ageney bust
neSS' 10 his son at the commencement Of the year
1910! Was this dove with the knowledge and
consent of those for whom MIR. Tabb acted? Ger
tain II IS, that there gentlemen for whom Mr.
Tabb has long acted as Agent, and for whom he has
done large business on commission who knew
nothing of this alleged transfer Of his agency, and
who regarded HIM their agent until recent deyel-
opments. Now, MIR. Tabb very well knows and
knew Iom the first, that the only difficulty between
us had exclusive reference TO the validity of this
SlSnNent. AS soon as informed OF the assignment
by Mr.. Gabb, felt convinced that as IL had been
made confessedly in secret and TO his son. without
any consideration, as | understood from him, other
than such services his mig render and in an
tcpaiIon of efforts on the part OF his creditors SUBJ
jcct his commissions the discharge of his ahiii-
ties, II could not be sustained and IL was solely
with the view ofies,ing this question, that asked
the memorandum 10 Oe given up; and not getting
Il, tie notice was put IN the paper TO prevent pay
ment OF those commissions until the question couo
be tested. That Mr.. 1abb knew this to be my
only object from the first, Is think clearly infer
able from has statement; but fortunately or UNI
fortunately II may be, this is not left mere in
ierence.-Mr. Tabb applied TO MIR. Jones TO fur
nish him statement o! the particulars, in which his
recollection accorded with the faces given by me-
Mr. Jones accordingly furnished n statement 10 MIR.
Tabb which he has, it seems, not thought advisa-
ble 10 submit along with his statement ito tie udg-
ment of a community by which he hopes his char
acter IS appreciated" and whose sympathy" he
feels gratefully assured" mas been elected by his
"misiortunes." DeemIng II the best evidence the
CT admits of, have procured copy of this state
.nent, made by Mr. Jones at Mr. Tabb's solicitation,
and annex IL, that II may be seen whether my for
mer stateme nt Is ga fancy sketch" ga startling
picture"
Perhaps IL may be thought unreasonable TO COM
plain, that MIR. Tabb, while presenting the public
with the facts OF tine case, did state that the
Clerk OF the Circuit Superior Court does not agree
with him IN his statement Of what occurred in court
and therefore refused TO give HIM statement 10
that effect, although requested by Mr.. Tahb TO do
so and that he also applied the Deputy Clerk for
a statement, and was informed that he could not
give one materially variant from the one had given
and therefore none was got from him. These re-
ierences to the clerk and deputy are made with
their knowledge and consent.
MIR Tdbb says in his first piece to the public that
he was at a loss to know the design of the anony-
nous notice, &c.-ln his last, he says MIR Jones did
deliver my message which was previous TO any
publication, and that message was, conceive, an
explicit intimation Of "lhe design"
MIR Tabb seems TO think it impossible for me TO
satisfy the Public that did not have notice Of his
sons attack upon me. Suppose, Tor MIR Tabb's
consolation, that had notice, OF the mos: explicit
kind, days prior to the altack-does il change the
character oft c attack MIR Tabb is, think, sin
gular in his opinion thus implied, that man can de-
ieud himself from an attack made by person who
approaches his victim unseen, knocks him down
with a cudgel, and while on the ground, stunned
and rendered psFlhllY in.ensble by the blow, still
co3unues striking him until by the interference
OF others, he is ioreby arrested in his purpose.
In conclusion, | would shy, that MIR Tabb's de-
sire that this whole subject should be submitted to
the Impartial umpiage Of the law" will probably
be sratihed. The citcums' ances attending the at.
tack on me by his son, have already, without any
oT mir baen ma he .t,I,. =