The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-15

(depOueut1
applied to the editor and his assistant Of
the party who communicated the article but that they
declined to give any information respecting author
II the rule In all we'll regulated newspaper estab
nshments not to divulge the name Of any Of its
trbutors or corresponding. The counsel then read
the affidavit Of Charles NJ. Simonson, ship Joiner who
depoed that he conducted the works rapidly pos
sible In his judgment IL impossible to build one
such ship az the Ohio in thirteen months and it was
impossible that chip In less than two years
for sea; believes Sloo Is much pressed, and without
pecunary mesns to dsfray the expenses of said ship
has heard him (Sloo) indulge in the warmsst express
soDs Of appreciation Of the size of the ships aud the
expedition with which they progressng that he
for SEQ TONS that he DESIRED and Law agreed to
construct them on much larger scale; it would be
terms than hs bad done he (Soo also said he did not
believe there was another man but George Law who
could have completed the ships in the same manner,
affidavit Of Miner c. Storey, which was corrobora.
tive Of the testimony given in the last dispositions Mr.
Woodruff then read the afidavits Of NJ o. Roberts and
Edwin Crosswel each for himself dsposed that Laws
affidavit Is true relates TO them and that every thing
by them in relation TO this case has been done in
good faith and not to injure, deceive defraud the
complainant; that they are inclined to go and per-
form their engagements. The affidavit Of p. NJ Wet
more states that he has not acted any considerable
extent in the execution of the contract but relies
the skl and integrity Of the other defendants, and
bill except far Is ret forth in the contract and
believes that all the defendants have faithfully
contract Counsel the read an additional aa Wit of
Mr. Roberts, dated this 18th November, lS49 in which
he stated that complainant made overtures to him to
engage in the enterprise contemplated by the act Of
Congress and be became Of the sureties for
plansDt In the Of 100000 for the fufmen Of the
CONT entered into between Sloo aud the Secretary
Of the Navy that mplainaDt wholly without Pc
cuniary credit and incapable OF fulfilling the
contract that after the agreement was assigned COM
plainant DESTROYS that the ships shsuld be
built much larger scale than contracted for that
depoDent knowing the increased expense and that it
would take much logger time, opposed IL but COM
plaipant bsvipg persuaded Mr. Law, the steamers
Ohio and Georgia were constructed the former for
nearly 25c0, and the latter for 500 tons together
with engines and boilers Of corresponding sze that 1t
IL utterly untrue that defendants unable to
plete the contracts that loan vas granted on mort
gage by the Naval Committee Of Congress, in
qusnce Of the increased size deponent denies that
the trustees receiving from the government 5000
per month"; or any other for carrying the mails by
the Facop denies that he connved with the other de-
PENDANTS with regard to the registry Of the ships and
further say that fraud In the registry;
the complainant applied to deponent for loan Of
$4,000 and afterwards for SlC0O00 and In conse-
quence Of his refufA he became hostile to deponent
and desires to obtain his from being of the
contractors the completion Of the vessels was not de-
ayed by any cause, rave only the enlargement
which done at planants that deponent
had advaI ced upwards of 100000 out of his pri
,ats funds; that they will complete the contract, and
according to his belief there danger of It, unless
the Court should grant the receiver applied for, in
which event he believes that the whole working would
be broken up and defeated ana rreparaoe damage oc
Of James Morse sets out the order OF Sloo In his favor
for COO drawn on the trustees payable out OF the
first moneys coming to their hands under the contract
and notice to the defendants not to pay Soo any
money.
Mr. kent, on behalf Of Mr.. McIlvaine was about to
read an AFFIDAVIT when
Mr. CUTTING for the defence objected on the grounds
that MIR McIlvsine had not been included In the bill
He sssents to the allegations, and he has to
make.
Judge NELSON said hhe had been served with no.
tce and copy Of the bill ne bed right to be heard.
Mr. KENT read MIR. Mcilvanes affidavit the principal
feature Of which was letter from the Postmaster
with sloo ana saying that the government have not
waivsd any of the conditions Of the contract.
CosssEL ron DrFsscE ssid Mr. Mcvsine comes in q
coadjutor of the complainant They should have had
His afdsvt, In order to answer the allegations. MIR.
Eeilva.ns is to be one Of tbs trustees.
ary TO The complainant he comes to protect bis own
rights as q trustee.
Mr. woop, for defence, wished to know II the afhda-
Wit to be used only In favor Of Mr. Mclvsine or
all OF the defendants There is ne allegation against
whom of chastity Is alleged yet who insists in
estsbls hing that she Is chaste.
Judge NsLsos-Tbe interests and rights Of McIlvane
entitle him 20 be heard but inasmuch the affidavit
shows that he Is In favor Of the complainant and tends
TO support that case proper 10 allow defendant
the afidavits to make the explanation.
II was then arranged that two counsel should be
heard on each aide.
Mr. DicK.RsoS then commenced addressing the Court
behalf Of the complainant. ThS cause was brought
the sth OF this month. The defendant applied
into court to day to read documentary evidence
TO chow that they did not by the scts complained or
.ndapger MIR. sioos rights. The documentary evi.
dtpce hat they rely upon u voluminous enough but
4, 20 point The relation Of the defend
ants Is Of a complicated nature. Law and Roberts
contractors rs we'll ms trustees and when IL Is not
vnient for them 20 be considered trustees, they
claim to be contractors and when they de not wish to DO
contractors they claim TO he trustees He would show
that the relief com plainsnt seeks he sentited TO. All
these deft pdans coparDsrs with the complainant
IN an adventure In which they have common interest
and common rights the defendants are running the
Ohio under that contract. and assignees Of com
plsnaDt are deriving the benefit; they aave claimed
seh'bck, an officer in the navy. What were they
bound 10 do, and have not doneg They bound to
I.g,sr me snp IN theif pane as truseesi 70 render
teiy half To- the contractors and the other hall to
sloo. The contractors covenapted with complainant
that The should be registered In the names Of the
trustees. The would have presented difference,
IL the parties other thsn the trustees and the
only question is whether they shall be PEELED to
perform thsir contract Iftbere be error In the re-
gbst.r but technical then they should make Il
Technically correct The defendants hrst objection is
that hr sloo s poor man. and therefore, the regis
trAiion should not be made In the Of the trus
tees, Then they say that his creditors would have
names q the trustees Are they anxious that he
btuld not pay his debtsf they anxious to lend
fraud his crediers Mr sloo does not ak 70 cheat
lie creditors IL sad he has not advanced any capt.
tai for the construction Of thee ships lie brings his
contract with the government 10 two million nine hun
drsd thousand dollars and IL Is not alleged that IL
would amount TO than and half millions to
carry out the csnstfuction-but they say he IL poor
man and, therefore ,hould defrsud his creditors II
might be thd 81 the State OF New York, that IL
vas poor State, " Il bcrro,ed money 70 s1s-
any Of them. II Q crime to be poor man! and IL
he he CO. s he to be pettfogged out Of his just rshs
The ebt has advanced to them money, not be-
csuse they Geo. Law and Marshsl Roberts but be-
IL the contract of Mr. sloo; they covebsntd
thai they would have this ship ready BY the LIST De-
ctmber lse which they have not done they have not
advanced larger than $500 600 for the construc
ton Of ih. chips Mr. Roberts says be has advanced
fltO ICoi does he fay TO two chips Mo- TO three In
clucing the slcop II we deduct the SOS 600 which
the bill charges BIN with having advanced to the two
shirs, We viii find him advancing something about
$40 Geo TO the Falcon Do they expect Us TO advance
the two millions nine bund thousand dollars There
T. danger In the etry 81 the chips though they cay
there II not both parties have right to be protected
aud the ships not registered in the names Of the
tiutteer, there Will be danger Wetmore did not keep
faith With the government, whose officer he is
complain that the defer dspts modified the contract
With the government and have not given the bene
tt OF that moditc alton they have that they
csye no money frsm the government for the services
OF the Falcon but they receiving 600 month
on account q the MALE they have received the money,
srd they getting credit for II TO that amount
With regard to the danger the learned counsel
tbusd at considerable length In support OF the com