Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-08

have been called on both by SIR. Tab and
Mr. ooodc. 20 state my recollection OF What oe
CURED al The time Of Mr.. Tabs taking the nh o
insolvency, ON the Stat December, ls40. NV ne.
collection ofwhat then took place, = as tolIovs
When MIR. Tabb made known TO the Cour, his
wish 10 discharge himself from custody, by taking
the oath, MIR. Mayo. MIR. Daniel, Mr.. Jones, and
others, were IN Court enquired for the notice
and schedule; the schedule was handed 10 me hv
Mr.. Tabb, who stated that Mr.. Goode waived no.
tiee. Mr.. Goode then took the schedule, and .S,s,
reading u, said that he would waive notice. if Mr..
Ia1b would surrender a list 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 n memorandum. Mr.. Tabb said he was
willing to give up the memorandum if the Court re-
CURED u, and commenced replying TO Mr.. Goode
but wss interrupted by Mr.. Daniel, who said TO
hia that he had better say nothing but be guided
by his counsel. Mr.. Goode then enouired of the
Court IL he could PROFOUND heterogeneous TO Mr..
Tabb-To this MIR. Daniel, as the counsel OF Mr..
Tabb, objected, and the Court thought il would not
be regular to allow MIR. Goode 10 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 not object
MIR. Goode then said something about his having
been sent for, 10 conc TO Court on other business
and that his client was entitled notice. and une
the list or memorandum surrendered, or he
permitted to interrogate Mr.. Tabb. he could NOT
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 administering
the oath Some conversation took place relative to
the publishing OF a notice in the newspapers; but
whether before or after Mr.. Tahb left The Off
cannot say with certainty. ID think, however, ef-
forwards.
I am the Deputy Clerk Of the Cour, in which
Mr.. Tabb took the oath. WIN. G. SANDS.
February 3, lS4i.
On the 3lst December last. the day on which Mr.
L. Nj. Tabb, sen'r, took the oath of an insolyent
eft The Court Room for short time believing that
l shoul Id not be wanted before my return; but on
returning found that Mr.. Tabb had applied 10 the
Court to be permitted TO take the oath of
al the suit OF VIM. A. Carter. just as entered the
court room, MIR Tabb was about to saw something
which, supposed, related TO his application, when
MIR. X. L. Daniel, then present, said TO him that he
heh better let his counsel mansge the business for
him. Tor words to that effcct,) and in a few moments
afterwards, according 10 my recollection, Mr. Goode
the plaintiffs counsel, said 10 the court that he
should make no further objections to MIR. Tabbs Ia
King the oath. The Judge then told me TO administer
the OATH and state the record that the counsel for
the plaintiff was present and waived his objections
the eto. j. ROBINSON
Feb. 4, 1871.
NIX; PHILIP NJ. TABB, Sr., has, 1t seem9,
III thought it important, or rather, been "com.
peled," by necessity" TO submit TO the public an
elaborate statement, by which, he would make il
appear, that there is nothing connected with his
having recently taken the oath Of insolvency not
deserving commentator, while my conduct, as ooun-
sci IN the case, Is such rs TO compel the public 10
dlscredit and condemn me. Sustained by the con-
seriousness OF having done nothing in this case which
IS not consistent with my duty and with propre,y
shall not trouble the public with any sympatketic and
apologize appeas-nor should again thus appear
before the public TO point out in reference to this
statement mia 4
yet what deem essential TO a 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 10 some OF the most prominent features Of
Mr. Iaob's statement, and 10 direct attention TO a
lew facts so substantia.ed as to admit net of dis
proof, however vehemently denied. This done the
public may deduce their own conclusions / do
not think II necessary, as il would seem MIR Tabb
Goes, TO resort 10 such arguments (epithets) as
iaIse," utterly ialse,n by way OF more certainly
proving what would have the public believe.
Mr.. Iabb says he transferred his "ageney BUSH
ness TO his son at the commencement of the wear
1910! Was this done with the knowledge and
consent of those for whom MIR. Tabb acted Ger
tain II is, that there are gentlemen for whom MIR
iaoo has long acteu 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 VEL
opments. Now, MIR. Tabb very we'll knows. pnd
knew irom the first, that the only difficulty between
us had exclusive reference to the validity of this as
signment. As soon as informed of the assignment
by MIR. Tabb, felt convinced that as il had been
made contessedly IN secret and 10 his son. without
any consideration, as | understood from him. other
an such services as his son mic nder and in an
cpauon OF efforts the part OF his creditors 10 SUBJ
Ject ms commissions TO the discharge OF his ahili
ties, II could not be sustained; and il was solely
with the view OF testing this question, that asked
the memorandum 10 Ue given up; and not getting
H. the notice was put IN the paper to prevent pay
ment Of those commissions until the question coulo
be tested. That MIR. Tabb knew this TO be my
only object from the first, IS think clearly infer
able from has own statement; but fortunately or I'M
fortunately il may be, this is left to mere in
terenee.-Mr. Tabb applied TO Mr.. Jones TO fur
nsh him statement OF the particulars. in which his
recollection accorded with the facs rs given by me-
Mr. Jones accordingly furnished statement to MIR.
labb, which he has, II seems, not thought advisa-
ole TO submit along with his statement ito tie uds-
ment OF community by which he hopes his char
acter is appreciated" and whose sympathy" he
feels gratefully assured" mas been elicited by his
"misfortunes" Deemlng il the best evidence the
ca Sc admits OF have procured copy Of this state
nent, made by MIR Jones at MIR Tabb's solicitation.
and annex II, that II may be seen whether my for
mer stateme Mt Is "a fancy SKETCH" ga startling
picture"
Perhaps II may be thought unreas nable to COM
PLAIN, that MIR. Tabb, while presenting the public
with the facts Of the case, did not 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 a statement to
that effect, although requested by Mr.. Tahb TO do
so; and that he also applied the Deputy Clerk for
n statement, and was informed that he could not
give one materially variant from the one had given
-nnd therefore none was got from hun. These re-
ierecces to the clerk ard 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 nnony
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"
Mr. Tabb seems TO think 1t impossible for me Ia
satisfy The Public that did not have notice of his
sons attack upon me. Suppose, Tor Mr. Tabb's
consolation, that had notice, Of the mos. explicit
kind, days prior TO the aItack-does il change the
character oft attack MIR Tabb is | think, sin
gullr IN his opinion thus implied, that man can de-
lend himself from an attack made by a person who
approaches his victim unseen, knocks him down
with cudgel, and while on the ground, stunned
and rendered partially insensih'e by the blow, still
continues striking him until by the interior ence
OF others, he is forcibly arrested in his purpose.
In conclusion, ! would say, that Mr. Tabs de.
sire thet this whole subject should be submitted "a
the Impartial umpirase Of the law" will probably
be grailhed. The circumstances attending the at
tack on me by his son, have already, without nv
no HaFaa sam -. l.. II. u g.. q