The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-15

the Coast; knew Orphan CsrnOt; While Coast
introduced to him by Captain Hall; heard through
several and amongst others from Trustworthy
persons that he had given up the slave trade; Is
OF Africa about Captain Carnot and they all agreed in
saying that he had relnquished the slave trade has
Captain Hunt testify the Of trading
the Coast Witness from his knowledge, thinks that
his testimony is correct; knows Governor Roberts;
knows that he trades up and down the Coast; knows
rs went down to Serre Leone for the purpose Of pur
CHASING condemned savers that he did purchase YES
sci there the agent Of Pedro Banco brought to Mon
rovia and called 1t after that place. witness
knew that vesss to be In possession of notorious slave
dealer and it subsequently took cargo Of slaves to
Cuba witness knows Captain Carnot rendered SER
vices to the American Coloniss he recoects when Mr.
Finay, of the missionaries murdered at Grand
Bassa; that Carnot purchased number Of vessels and
up large expedition headed by himself and pro-
ceeded to Grand Bassa, and had engagement with
the murderers, in which Captain Carnot was severely
wounded.
Aid. JONES ezamined-Knows Captain Lawlin; he is
one of the firm of James Jones Co; witness knows
him to be member Of the church. and frequently heard
him express himself very strongly against the slave
trade.
WILLIAM NELSON examined-Is a ship owner, &c.;
knows Captain Freeman eight ten years. he was mate
in witnesses ships believes he has always sailed
out of this port heard of his being 10
unlawful trade believes him TO be OF integrity
CHARLES ID. MATHEWS exsmined-Resides in New
York; is merchant is owner Of the bark Chnncelor;
she chartered by witness to Captain Carnot sne
to have gone under the command Of Captain Davis
witness objected to him. witness could not effect an In
surance the Chancellor on her hret VOYAGE witness
tell the reason; winners has since effected an In
her; witness supposed, or expected,
not that she wa, to o. engaged in the slave trade or
any other unlawful traffic
JOSEPH wooDwoRrH exsmined-Has been ship mas
Ter for seventeen or eighee years. knows Captain
Freeman several years. he has sailed from this port
pretty much all the time; his character for integrity Is
good far as l know never heard with the excep-
ton of this charge that he engaged in any unlaw
full business.
JoHN S. GELsYN examined-Was mate of the Chan
ceor her voyage Africa and up to the time Of her
capture in April l547 he did not know suspect that
the design o. Oh Ss
any other unlawful trade that re had any SUCH
suspicion he woulu have left the vessel there was
great distinction between the water obtained for the
and that which was put into the oil casks the
first water for the ships brought from springs
three quarters of mile inland, and had to pay dear
for it, that which put into the oil casks, forty gal
Ions might be purchased for three four leaves of to-
they would cheat US; knew the Chancellor to have
board four five hundred bags Of roe at the time she
captured had not above half that quantity they
bought and sold rice at various places iron brought
board at Capemount, but where else; there
bars bolts shackles and screws and all used to repair
the vessel the bolts and bars from to three
and halt feet long; they used for boiling through
the head knees and cutwater and through the breast
work. the shsckles used in the top gallant, top
stays and other parts of the rigging the tunnels
swabbed with OIL but not on the morning Of the cap
ture three four days previous to the capture had
slowed awsy the funnel and the hose, they had
immediate occasion for using them; saw some brick
board On his oross-examination he said he had con-
versation the morning of the capture with Lieute
nant Clvery; told the Lieutenant thatbe not
prsed at the vessel being captured since the difficulty
with the officers OF Contest which had boarded
and searched them when they had no right; ] had
heard they had spread reports preudca to the charac
ter of the Chancellor, and asked him If that not
tho reason were captured, and he said 1t was |
asked him what he thought would be the consequence
TO the ship; he said if we found the Commodore he
supposed he would let about business witness
saw Captain Carnot paid for the water; through him |
counted the tobacco; Mr. Gordon engaged me as mate
Of the Chancellor. The testimony here closed,
and the cause is to be summed up tomorrow
SUPREME CoURr--sPEcIAL TERM-Dec. A.-Before
Judge Edwards Cornelius H.eney Us, Michael Dunn.
The bill in this cause was filed for an Injunction to re-
strain the defendant from selling mortgagng certain
property Of which he obtained conveyancer from the
complainant Heeney who had, after, been found
imbecile and incapable Of managing his affairs
and also for leave to file supplemental bill.
CoURrLet the prayer Of The petition for leave to file
supplemental BILL be granted, and the injunction to
continue for ten after the entry Of the ORDER costs
to abide the event
Osgood ct al Us. The Alliance Mutual Insurance Co.
In this petition presented praying that the
cever appointed the of the defendants might
pay to Samuel Judson and Henry g. Stebbns $780, their
property which, they aege the receiver took possess
sion of as part Of the assets Of the company with in
terest thereon.
Edwards to ascertain the truth Of the facts alleged in
the petition and to take such proofs may be necessary
for that further directions reserved until the
return Of the report
.andr.~ C. johnson Us. Mary Prince and others
This was motion or an order to take demurrer Of
CouRr-The complainant having admitted the regu-
larty Of the demurrer by noticing 1t for argument the
motion to take it of the files must be denied costs to
abide the event
Franeis j. Ridge,oay u.s. John steuens.-In this
motion made dismiss the bill in this cause, and to
dissolve the injunction.
CouRr-As the defendant is ut present resident of
the county of New York. and the bill should be filed In
said county If the suit to be commenced the bill
must be considered properly filed In said county on
and from the day Of the entry of order herein to
tnue and the injunction to remain in full force the de-
PENDANT to have 40 days from the time Of said Order to
put in his answer to the bill Motion Of defendant de-
MED cost of both motions to abide the event.
Wiiiom II Carey ads. Susan Carey-Exceptions to
bill for impertinences overruled. In bill for divorce
on the ground Of adultery It'll not impairment to alege
abandonment because the averment IL admitted by the
defendant or established by proof may equally AFFECT
the Of the Court as to aimony and as corrobo
rative OF the main charge of the bill.
Charles II Clayton and pife ads Robert Tler.-Motion
to dissolve an Injunction granted the equity Of the bill
being substantially denied in the answer.
james S. Thayer, admr. Us Thorp and Frseman.-Mo-
tou TO dissolve pjunction'granted with costs. On
necessary aver that the fact sought to be Is
material In the action at law But where any relief IL
sought such as to transfer the of the cause
or to restrain proceedings at law, the bill must contain
the further avermept that the discovery necessary
what equivalent that the party has other means of
proving the fact cannot without the discovery main
tain his action or defence at law.
Decisions by Justice Hdrris-Riehard Sill cs Marga.
ret ~ Sill, e1ecurirM otion to change place Of trial
from New York to Albany. Defendant swears to have
witnesses in or near Albany, and shows how they
mt TO tns stsr o Of ssS
how they material. The transactions involved in
the suit principally occurred In the vicinity Of Albany
Elizabeth Jones Us. David M. Jones.-Decree for d.
.4Ionzo b Lane ct al ads. VIM Chduncey ct dl-Mo.
ton to dissolve injunction upon matter Of bill Ths
plaintiffs, assignees Of Meyers Co., who part
with Lane had rspevned goods of the partnership
Ia the Of Lane at the time Of the assignment
Lane at the time largely indebted to Meyers Co
Held that although the repevn may have been impro
pery brought yet nasmuch If Lane should succeed
in recovering the goods upon the trial of the action of
repevn, the plaintiffs would be entitled to have them
applied to pay the balance due from Lane to them
rQatr in nUI Lam
from proceeding in the repevn suit properly issued
aud the motion was therefore, dene costs to abide the
event of the suit
Henry "A. VeHs ads julius Pratt and others "A mo-
ton 10 discharge writ of The plaintiffs who
are comb manu- acurers in Connecticut, filed their bill
alleging that the defendants had auduently purchased
goods from them upon credit to the amount Of about
$500 which he had sold for less than had agreed
pay for hem and with the proceeds about to
the State The Court decided that the plaintiffs had
an adequste remedy at law and might hold the defen
dant 10 ball in an action of trover for the goods audu