The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-06


A. IL was a detachment Of volunteers under Captain
Gillespie OF believe about twenty or thirty strong 1t
sent to II came from Com Stockton to give
Of the state Of affairs In that part OF
California.
1.-THE Judge Advocate here repeated the later part Of
the question, for what purpose did the ofcer COM
handing II say that 1t came?" To which the witness
Q What other ofioer there with the dstac hmsnt
A Midshpman Bssle I recolsct at this moment,
no other. There was a - Rousseau. Whether he
to ea the do mo, n,S
march to San Diegog
q Did you have an action with the Calfor mans after
you got to San Disgo'
Wns, was the force on each side and where was
A. The ac.iau was at San Pasqusl. The force of the
Cafornians could not know. / afterwards heard that
1t amounted to one hundred and sixty men. subss-
qusntly heard 1t was much larger.
You nave not answered. the whole question. What
side,
A. Our force consisted of dragons and volun-
tees, numbering suppose, about eighty The balance
OF the command was left under Major Swords to protect
the baggage
@ Did you lose a cannon In that action; and was 1t
The President the Court observed that he thought
these questions we're taking too wide range
The Judge advocate reminded thu President that. If
the proprety Of the questions to bs discussed the
Court must be cleared.
The President expressed reluctance to insist
Inc Court however, was about being cleared and
The Judge Advocate said ha directed by the court
to ask Lieut. Col Fremont what the object and the
relevancy Of the questions he was putting.
Col Fremont replied that he would prefer having
til to morrow to prepare his reply to this
And thereupon the Court until ten o'clock
tomorrow.
Law Intelligence.
Court or GENERAL SESSIONS, Nov. 5.-Before Re-
corder Scott and Aldermen Feeks and Tappan- 7tiol
Of Madam RssteH eonfinued:-At the opening Of the
of the prosecution was resumed as follows :
ABrL MILLsPAUGH. sworn-Ireside at Montgomery, and
was for some time the Of the poor for
conversation with him in the fall of 1896 the
subject of attending Maria Bodine
JAcos DECKER sworn reside in the vicinity Of
Walden and know Maria Bodne | know nothing
against her character and would believe her on OATH
Cross-enamined-Naria Bodine Is a family connection
of mine-my wife Is her aunt
WM P. DEcxEn sworn-I reside at Montgomery;
have lived there the last Axteen ars Maria
Bodine for time past her character has not been
considered very good; would believe her under oath
SYLvANUs CLYMAN sworn-I reside near Walden
know Maria Bodine her general character has been
very bad for the last three years. would how
ever, believe her under oath
Cross-sramined All have heard Of Maria Bodine
for several years past has been unfavorsbs know DR.
Thomas Mispaugh; his character, far have any
knowledge Of 1t, is good ! would believe him under
MosEs SMITH sworn-I reside at Montgomery; I know
Maria Bodine her character ID not very good; would
believe " under oath
ross-eramined i am the father of Doctor Samuel
Smith
DR. CovELL recalled-I have examined Maria Bodine
within few days past; did not then discover any sy
philitic sores, either externally or internally.
The prosecution here rested when the following add
tiona testimony adduced for the defence
HENRY MILLsPAUGH sworn am distant relative of
DR.. Thomas Mllspaugh; have known him from youth;
consider his general moral character to BIZ good and
would believe him under oath have visited Walden
several times year since to reside in this city
Cross" eramin,d-Il left w alden when Ia year,
old then went to live in Nswburg until about thre,
years ago, when came to this city heard any
| ALBERr f. SMITH sworn-1 reside ct Montgomery;
Know Dr. Thomas Millspaugh have known him tor
number OF years; his character good would
believe him nder oath.
Cross-eranained Il am u years old; | am farmer
also buy and sell stock never heard thing against
GEORGE MILLsrAUGH, recall d. know DR.. Thomas
Mispaugh; he distant connection Of mine; his char
acter Is very good would believe him on oath.
CrosssramtnedIha have never heard any thing gainst
| his character.
| JOHN Il. GorcHEs sworn-I know DR.. Thomas Mill.
would believe him under oath
Cro's.sramiredm ~ reside ct Montgomery; keep a
public honse; DR. Thos Mlspsugh stops at my house
Moss YERxs sworn-I reside at Walden; work in
secution recoliscs Old MIR: Cooks leaving Walden;
1t about the 2lst Of April afterwards took Maria
In consequence Of the indispesiton of the u-
rors the Court necessarily adjourned immediately after
meeting for the evening session. until Tomorrow morn
brought to close sometime tomorrow and that on
Monday morning the respective counsel will proceed
sum as to submit II to the jury the evening
that day.
| SuPERIoR CoURr-IS BANco-Nov. 5-Wm Cargii
Us. William Cullen Bryank-This before tn,
The plaintiff in entered into with on,
David c. Cargil under the law OF limited partnerships
(nrst Revised Statutes, 764) which is ss follows
| Section ,. Such partnerships may consist Of
more who shall be called general partners and
who shall be jointly and severaly responsible general
partners by law and of persons who
shall contribute in actual cash payments specific
as capital to the common stock who shall be cled spe
ca partners and who shall not BE- liable for the debts
the partnership beyond the fund contributed by him
| or them to the capital
Sec 3 The general partners only shall be authorised
to transact business and sign for the partnership and
I bind the same.
SEQ. T. Persons DESTROYS Of forming such partnership
shall AXE and severally sign certificate, which shall
contain-lst, the firm under which such part
nershp to be conducted the general nature OF the
general and special partners Interested therein dstin
gushing which general aud which special part
and their respective places of residence the
amount OF capital which each partner shall have
trbuted to the stock6th the period at which
the partnership is to commence and the period at which
| Vt shall terminate.
Sec. S, 8, and 7, relate to the acknowledgment and
recording the certificate and declaring that adsvlt
shall be made by one the partners, that the sums
specified In the certificate shall have been paid by each
Of the special partners in good faith
Sec g. No such partnership shall be deemed to have
been formed until certificate shall have been made
acknowledged, fled and recorded until afidxvi,
shall have fled above directed and II any false
statement be made in such certificate AFFIDAVIT all
persons interested In such partnership shall be respon
sibe for all the engagements thereof general partners
Sec. The partners shall publish the terms Of tn,
partnership when registered for at least six weeks i'm
mediaely after such registry in two newspapers to b.
designated by ths clerk Of the county In which sucl
registry shall be made and to be published In the senat
district in which their business shall be carried Cd an
If such public publication DO not made, the partnersh
| will be deemed general
Sec 10. Directs afidavts Of the publication of sucl
notice by the printers of the newspapers in which tn
same shall be published to be filed with the clerk
directing the same and shall be- evidence Of the facts
| therein contained.
iThe plaintiff subscribed and paid $4,000 as his
portion Of the partnership stock the said David
Z. Cargill was to be the general partner, and the
business to be carried in this city The certificate
prescribed by the statute prepared and nled with
the Cosnty Clerk who designated the Ersnng Post as
one Of the papers Ia which the terms Of the partnership
we're to be published The attorney for the panth hrsw
up the notice. and sent II to the Egenfng Posand IN set
ting up the printer made the sum to be paid in by the
plaintiff to be S50O0 instead Of two thousand dollars
the agreed be subscribed there also An error
in the spelling of the plaintiff name having been set
Of 4 aruill fter.