Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-02-09

have been called on both by Mr. Tabb and
"r. 1oode, TO state my recollection OF What oc-
.unea al the time oil MIR. Tabbs taking the oath Of
insolvency, on the 3ist December, 1910. NV re-
CORRECTION OF what then took place, is as follows:
When Mr.. Tabb made known TO the Court his
wish to discharge himself f. ON custody, by taking
inc oath, Mr.. Mayo, MIR. Daniel, MIR. Jones, and
others, were in Court I endured for the notice
and schedule; the schedule was handed TO me bv
Mr.. Ia6b, who stated that MIR. Goode waived no.
tee: MIR. Goode then took the schedule. and after
reading u, said that he would waive notice, il Mr.
iabb would surrender list OF memorandum of The
names OF the persons for whoni he had acted as
agent IN hiring out slaves, &c. and asked Mr. Tabb
Tor such memorandum. Mr.. Tabb said he was
willing to give up the memorandum if the Court re.
quired Il, and commenced replying 10 Mr. C;oode
but was interrupted by Mr.. Daniel. who said ~
hiia mat he had better say nothing but be guided
by his counsel Mr.. Goode then enouired of the
Court u he could PROFOUND heterogeneous TO Mr..
Iabb.-To this Mr.. Daniel, as the counsel of M
iaop, objected, and the Court thought il would not
DC regular to allow Mr.. Goode to do so. and di.
recteu The oath TO be administered to Mr.. Tabb and
an entry TO be made on the record. that the conn
SCI OF the plaintiff was present. and did not object
hr. Goode then said something about his hayiny
been sent Tor, To come Court on other business
ana hat his client was entitled notice. and unless
the list or memorandum was surrendered or he
permitted to in,errogate Mr.. Tabb, he could not
rnfla
did consent to waive notice, and the oath was adj
minstered. The waiver of notice was made iust
as the Clerk was about TO commence adn,nis,eJp,,
the oath. Some conversation took place relative 10
whether before after Mr.. Tabb left the offcr I
cannot say with certainty. J.; think, however, az
forwards.
en'>the Deputy Clerk of the Court in which
Mr; iaoo look the oath. WIN. G. SANDS.
February ;. ls4i.
on the 3lst December last. the day on which MIR
+. Nj. Tabb sen'r, took the oath of an insolvent I
e't Inc Court Room for short time believing that
should rot be wanted before nv return. hui on
returning found that Mr. Tabb had applied 10 the
Court 10 be permitted to take the oath of in,ovencv
ut the suit of VIM. A. Carter Justas entered IN,
court room, MIR Tabb was about to say somethino.
n'p' suppose, related to his application, when
Mr. H. L. Daniel, then present, said to him that he
had better let his counsel manage the business for
nm, Tor words TO that effcct) and in few moments
afterwards, according my recollection Mr. C;oode
.ne Piainth's counsel, said to the court that he
should make no further objections Mr.. Tabb's ia
King The oath. The Judge then told me TO administer
he OATH and state on the record that the counsel for
me plainuf was present and waived his objections
/ thereto. 7 RnpINScN
Feb. 4, 1871.
MIR; PHILIP NJ. TABB, ST., has, II seem9.
~ thought II important, rather, been "com
PEELED" by necessity" to submit TO the publc NJ
elaborate statement, by which, he would make il
appear, that there is nothing connected with hi.
having recently taken the oath Of insolvency moi
ueseI's eommendation, while my conduct, as coun-
SCI IN the case, IS such as TO compel the public tn
oiscredt and condemn me. Sustained by the con.
seriousness OF having done nothing in this case which
Is not consistent with my duty and with proprietv
na no. Io.ole inc public with any sympathetic and
apoIoselic appeals-nor should again thus apneor
before the public to point out in reference IN his
| statement 'hat otherwise might escape notice and
| &c "not oSem essential 10 proper understand
ing OF all the circumstances of the case did | not
oeIieVe II TO be duty demanded by the rights and
interests Of others. | propose merely. LrieAv ~
ADVERT TO some OF the most prominent features az
Mr. laob's statement and 10 direct attention IN
&c" laG's SO suostantIa.ed as TO admit, net of dis
PROOF, however vehemently denied. This done tho
puohc may deduce their own conclusions / do
not think II necessary, as il would seem MIR Tabb
uoes, 10 resort TO such arguments (epthetsl as
| aISe,' utterly false" by way OF more certainly
proving what would have the public believe
Mr.. abb says he transferred his 'agencv busi.
neSs' to his son at the commencement of Tho Won,
! lo4O! Was this dove with the KNOWLEDGE and
consent of those for whom MIR. Tabb acted 2 Ger
| tam II Is, that there are gentlemen for whom MIR
iuoo ms Iohg acteo as Agent, and Tor whom he has
uone large business on commission, who knew
nothing OF this alleged transfer of his agencv and
VINO regarded HIM as their agent until recent d. VEL
opments. Now, MIR. Tabb very well knows. and
knew iiom the hrs', that the-Only difficulty between
us had exclusive reference TO the validity of This ns
| signment As soon as informed of the assisnmen,
| by Mr. Tabb, felt convinced that as il had been
made coniesSedy in secret and to his son. witbon,
any consideration, as unuers God from him other
than such services his son mic M render and
cpa'lon oil efforts on the part OF his creditors 10 SUBJ
Jtct his commissions TO the discharge of hrs liabi
yes, II could no; be sustained; and il was solely
win TIE view OF testing this question, that asked
lhe memorandum TO lie given up; and not getting
~ Tue holce was put IN the paper TO prevent paw
ment at those commissions until the oues,ion rnnio
he tested. That MIR. Tabb knew this 10 he my
only object from the first, is, think clearly infer
eoIe from his own statements but fortunately or un-
fortunately as II may be, this is not left mere in
ierenee.-Mr Tabb applied to Mr. Jones TO fur.
nish him statement Of the particulars in which his
recollection accorded with the facts as given nv me
MT Jones accordingly furnished statement to MIR.
iaoo' winch he has, It seems, not thought advsa.
Ole 10 submit along with his statement "to.tI iuds
ment OF community by which he hopes his char.
aeter is appreciated" and whose "sympathy.n he
feels gratefully assured )" mas been elected by his
m'sioItunes" Deeming 1t the best evidence the
case admits OF, have procured copy of this state
ment, made by Mr. Jones atMr Tabb's solicitation.
and annex II, that it may be seen whether nv for
mer staeme Mt Is "a fancy SKETCH" or "a startling
picture"
Perhaps it may be thought unreasonable to COM
paa,n, mat Mr. Iabb, while presenting the public
win the facts of tine case, did not state that The
Clerk OF the Circuit Superior Court does not agree
win nm IN his statement Of what occurred in court
and therefore refused 10 give him a statement 10
'''' eneCt, athough requested by MIR. Tahb TO do
so and that he also applied TO the Deputy Clerk for
statement, and was informed that he could not
give one materially variant from the one had given
and therefore none got from him. These re-
:; ierences 10 the clerk and deputy are made with
Their knowledge and consent
MIR Idbb says in his first piece TO the public that
, he was at loss to know the design of the anonv
nous notice, Sc.-ln his last, he says MIR Jones did
deliver my message, which was previous TO anv
pubhcaton, and that message was | conceive. an
explicit intmation Of "Ihe design
Mr. Iabb seems TO think il impossible for me IN
satisfy the Public that did not have notice of his
sons attack upon me. Suppose, ior MIR Tabb's
consolation, that had notice, OF the mos, explcit
KIND, days prior TO the attack-does il change the
character oft attack MIR Tabb is, | think, sim
gular IN his opinion thus implied, that a man can de-
lend himself from an attack made by person who
approaches his victim unseen, knocks him down
with cudge and while on the ground, stunned
and rendeyed partially insenslbe by the blow sill
continues striking him until by the interference
OF others, he Is toTcibly arrested in his purpose.
In conclusion, would say, that MIR Tabs de.
SIRE that this whole subject should be submitted 10
the Impartial umpirage of the law will probably
be sruiihed. The circumstances attending the nj
tack on me by his son, have already, without anv
agency Of nine, been made the subject of judicial
eognlzance, and the validity of his alleged transfer
viii be tested by future action. IL is thus that
expect TO accomplish the only obiee, I have had
from the first, to discharge my duty TO nv client.
and which, IN my opinion, can be done onlv bv re-