The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-19


duty Counsel then oontended that there vas no ass
grounds complaint with regard to the registry OF the
vessel and that there error II ola not amount
to such q would warrant appointment Of receiver
The learned then gave clear and minute
detail Of the Law regulating the rsstry Oh nus on
no inputaiion BIZ made. II there was deviation
from the form Of registry under the circumstances OF
tho medication. il be- considered fraud but
ought sim ply be deemed to which all
liable spd requires nothing but correction thing
1t all 1t shsuld not be- sufficient TO warrant receiver
lis it net enough the Court to that BY
including MT Aollvains In the registry with the other
trustsss Or is 1t necessary to upset the whole part.
nsrship? There shown in the bill urgent
cesy danger Of irreparAble loss which alone could
justify an injunction or the appointment Of recsiver
ut all events taking II in conjunction with the AZ
fdsvits, such has been - AIDE ont Counsel re-
ferrsd to variety Of eases TO support his views rhe
Court would not therefore break up this great national
ard private enterprise by appointing receiver He de-
sigbAted the bill most uncAndid In its character
ruPprefsng the facts rs to the registry lie
whose solvency IL not even limited against and
they that the Court should interfere and grant
arectiver II would be Destroying the confidence OF the
public and the Secretary OF the Navy in thsm ana LEAD
to the disasters which spoken in the bill II this
great enterprise il peeiea viii IL not be sAd
that such things appeared as left this Court no
alternative but to grant receiver! In every point
Of view, your hoDors will perceive that the opera
tion Of the injustice OF granting receiver would
Do most oppressive and injurious, and that, too,
on the application OF an insoivsnt agsiust men who
Of sdrsttsd responsibility Another point counsel
urged against this If Mr. Soo has assigned to Mr
Morss. then, said he submit that he rs equitable
assignee, has right to appear hers as wei as Soo;
That Sloo hAvBg assigned, cannot TO or
disturb the position Of the property withsut the con-
sent Of the assignee Morse is not only not pleaded In
this suit but the Court is Informed that he pro-
tests against 1t, and soy he is necessary party
for the bill Again, the United States have mortgage
OF $3.50 OOO At least Says the oomplanapt-sn it
must have been granted by some one-by him or us;
and it is therefore reasonable that tho United States
should have an opportunity OF sgrssDg to the suit to
nTsas up TINS enterprise .hcns' E 81 mr. hv
Mr. Woodruff MIR. Cutting contiRued-As to the
averment OF disagreement, why put in one man (N'-
lvaipeD who has disagreed with the other two, tLaw
and Roberts) and put out two because one has ds-
agreed with them! Mr. Roberts has substance outvpg
any observations that can be made against him here
know that IL would take more than the efforts OF
counsel to tarnish MIR Roberts IL Imputed against
Mr.. Wstmore that he appeared in three capacities;
that he had acted ali TO his lndivi
dual interest and that he had been fsthess TO all In
support of that the affidavit OF Mr. Mc,a is read,
who sweaIs that q search was made, and no mortgages
had ever been fled until the llth Of September. 1919;
and that is made ground Of attack Mr.. Wetmors.
This shows easy is to make i'm putsti against
respectable men. And they produced the affidavit Of
their immaculate trustee, (Mr. Molvaine) What
matters it TO themwhat business have these things
before the Court but for the purpose OF attack on the
character of this highly respectable gentleman! do
esme here to weigh characters; do not come to
insult Mir Wetmore by putting him In the scale With
complainant or any other man; the imp utsioss live
exclusively alone In the imagination Of COUNSEL and
they be made by better witnesses than the COM
plsipant, or such witnesses ~ he has produced at
Washington
Mr. Wsop followed tho same side, and will resume
his the sitting ofths Court next morning
nov. l6-Mr WoOp, for defendants followed the argu.
N pts Of his colleague. Mr. Cutting and matter OF
necessity, obliged to 60 over the sane ground
He rscspitusted the provisions OF the original con-
tract and the sub contract aud stated the objects
desired by the complainant in the b1l He submitted
IL has been fully proved that there Is no necessity TO
appoint receiver the ground VI danger either TO
the trpst the trust property. IL the application
rest, IL must rest the ground Of fraud IL cannot
rest upon the ground OF Insolvency And What frsad
has been proved here The learned gentleman ut great
length with clear and argumentativs legal acumen,
to rebut the allegations q ants bill
With regard To the building Of tha Ohio and the
Georgia las far as the has been cOmpietod), the
cost amounted to upwards Of 5000 600 As s29o 600
only have been received loan IRON the government
where old the other $40 0O0 come fom' The dofca-
dspts provided it. and 1t does not matter to the com
plain ant whether they have borrowedit fthey have
borrowed It, they bound pay It, Mr. Sloo Is not
liable for 1t. His partner hip does not comslence TIL
the contract Is completed The learned gentlrmsu
continued to discuss nat the legal property a. well as
the equitable interest was In tho parties of the
second part, and not OF the trustees and then
read from pages 30 and 81 OF the bill, To show
that the Secretary CT the Navy WAS directed TO advance
TO the contractors the sum Of SO coo per month on
each the ships after being launched but that the
money should not exceed one year, compensation aud
also that enable them 70 finish thsir said steam
chips, they have applied 10 the Secretary OF the Navy
for euch monthly III. by virtue Of
the sGd act the Secretary of the Navy Is Authorized
and directed to mase and are willing and desirous TO
secure the repay rsfundiDg of the same With
regard to the DELAY, the parties OF TINS tecond part
would be esopPed because they stood by and sac It
done and are not liberty to and say that the
parties were not authorized 70 There Is cert ain
be done By the parties Of the third part IL does
not become partnership until IL Is furnshed entil
the bufino.s fairly Launched They are no parties
to tie trust until the ships went into employ -tbey
have trust while the business u in the state OF tran
come In ard fsy the defendants you est0pped.
sloo has egal iBteett be trustees have an equi
table interest suppose the vessel vent OUT 10 aud
was los.-does Col Sioo lose spythiDgl No. lie has
not put thing into her aud he Loses nothing They
wsre told that tol soo not an interest 10
the surplus furdf, but that hs has already acquired
that pess that the $3.50 Geo received under his
contract and that be has interest ~ that amount
Ore would suppose that with little eomnon sense,
and little common honesty II Colonel Sioo expects
20 have Interest 70 that amount, be ought 10 put
into $50 Coo The trustees cannot be expected TO
nav 10 out Of their pockets. Tn. p.rss OF the SECOND
part It, But 1t lie said % sgot under Sioos
contract Bn argument might as well claim the whole
interest In The vessels In the $3.50 GOO bHcauso they
have Ieetyed IL under the contract But was II GOO
under the contract If Col sloO! When the original
contract was obtained and asgned by Col Sioo 10 the
Isti.t Of the second part and ~hen the nitd states
acted it, they TO be embodied together The act
congress pAisss H. not 70 Co sloo ou 70 20 sloo
taken, 10 ~ taken by one Of tie parties liable 20
rny II sra who has urea IL u the Georgia should
be lost While the stocks and the Ohia lost while on
the ccssn II A. the oss of parties OF the md part
aud utt Of Col Sloo; but told that he has an
,qutsbs interstt something like three fourths OF
the property. why Col soo who has entered iuto
the uith nothing bu. his wits anu ME tact In
Management II the gov,rnmeut s 20 get three Jurths
While the working not % receive sny gay
that business Sometimes done bat shether IA this
inftsnce IL will h so dscsd depends upon the court;
who are building and ezpendinf money 10 IL. Colonel
spo will have Interest after they ~ isto oPerss
but ill then he scquirs Vcsted OF beneficial
interest council tbs proceeded 60 consider the gra-
yemen 81 the bill The allegations contained in " Of
sie'.nes' under Which 'rPss io So Z,
Is ifTtysrsble nischsf" and they charge that 70 b.
the danger cf losing their cou'rsct With che govern
meut IL has been dset upon REPEATED over aud ov-r
sgsiu-" eth tafpiDg on my daughter the sanger
II losrg the contract with the government. T~o u
these shps u will be observed. TO b. hntshsd Ia
October as and the rtmAinds By October ~ undsr
tss original contTscI The ohio nos huished Tor
year the time .pscihsd in the original contract
tie uld not enlarge the Argument OF hts COLLEAGUES
which showed that there not time In the original
cootTact He has thsun that the sub conten
plates that there H. not sufficient time rs la page ~,
wLeer the sets cut that ssid party Of the
fret part gill bud construct hni.h aud completely
equip the stssmships which in and By the contract
Aforesaid acted to be built BY tse said Tsrty u
the nst part in such anu At such times ~ are
msy be requires By the Navy Department OF the
United States and provide for aud pay ali the moneys
necessary therefor. This CLEARLY contemplate al
tefatious" such may be required Afer they
commenced the construction Col 500 suggested al er-
-