The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-07
THE WILLIS AND WEBB CASE.
Superior COurt-SpeciaI Term.

Before Hon. Judge Sandford.
SMITH CopDING ron AND MARY HIS WIFE VS. JANE:
WATSON WEBB.
FRIDAY, Jusg 6.-Mr IL Clark counsel for the plain
tiffs said-In the of Smith Coddington and Mar,
his wife against James Watson Webb an order for tn,
defendant to show cause, before this Court why cor
respondcnce which he retains his possession should
not be given to the safe custody of some person
approved honor and integrity, TO be held pending th.
action, is returnable this morning
Court-Who appears for the defendant?
Mr.. Clark-As have received notice Of retainer
from any counsel for the defendant apprehend there
will be no appearance in opposition to this application
Court-You had better wait for while as some one
may appear.
After lapse of time Mr.. Clark renewed his ap-
plication.
Court-When was the order to show cause served,
Mr.. Clark-On the 4th instant, personally
Court-H there is no present on the part Of Mr.
Webb order must be granted in conformity with
application, that the correspondence be delivered
to the gentleman named (Andrew Warner, Esq), and
that it be open only to the inspection of the parties
this action and their respective counsel and attorneys
Have you any further suggestions to make Mr. Clark
to the form Of the order,
Mr. Clark-I think there ought to be provision that
the correspondence be delivered over under oath,
Court-Certainy; Mr. Webb must appear personally,
and be examined under oath, before a referee
Mr. Clark then suggested that Judge vanderpoel be
named by the Court the referee before whom Mr. Webb
should appear and be examined.
To this the Court assented and then made the order
THE ORDER OF JUDGE sANpFoRp.
At special term of the Supreme Court Of the city
New York held at the City Hall in said city the 9th
day of June, 1851,
Present The Hon Lewis H. Sanford, Justice
Smith Coddnston and Mary L., his ,cie, against Jane,
Watson We5b-An order having been heretofore made
in this action requiring the defendant to show
why the notes letters correspondence men
toned in the complaint should not be delivered
receiver, to be appointed herein
Now on reading the said complaint and the aidavits
upon which said order founded and reading and
filing due proof Of the personal vice upon the
endant OF the summons and Of copy of the complaint
and OF copies OF the said order and adavs and mos
ton of Horace " Clark counsel the plaintiffs no
one appearing In behalf Of the dcfendsnt-
It is ordered that Andrew Warner ESQ, Of the city Of
New York be and is hereby appointed receiver Of the
said notes letters correspondence and papers, and
the defendant James Watson Webb do forth with Under
the direction Of Aaron Nanderpocl Esquire Of said
city who hereby appointed referee for the purpose
carrying this order into eect deliver under oath
t" the said receiver all the notes letters correspond
ence and papers mentioned in the said complaint and
which delivered to the said defendant by Nathaniel
+. Willis, in the presence Of George Buckham in
about the month Of June, 1SI5, and also all copies
said notes letters correspondence and paers and all
extracts thererom which may be in the possession
under the control OF the said defendant which
have been made by him, or by his permission With
his assent.
And II Is further ordered that the said at
tend before the said referee from time to time the
summons ef said referee for the purpose Of making the
sad delivery and also for the purpose Of being
mined on oath, as hereinafter directed. And 1t is
further ordered that the said defendant do submit TO
such examination oath respecting the said notes,
letters correspondence. and papers and any exhibition
or publication thereof and any copies made thereof
extracts therefrom, the exhibition publication
thereof and the delivery thereof to said receiver
the said referee shall direct
And Is further ordered that the said notes letters
correspondence papers extracts and copies when de
vered to the sad receiver be open the inspection
person Except the parties to this action their
torncys and counsel in the and under the d
recton Of the recever and that person be permte
TO make any copies thereof extracts ther rerom an
that th said receiver do safely keep all said let
ters correspondence extracts and copies which
he may receive by virtue Of this order In his possession
subject TO the direction of this court.
And Ia further ordered that the injunction hereto
fore made in this action continue in full force except
far as IL Is necessarily modified by this order.
And II Is further ordered that either party may from
time TO time apply TO this court for further instructions
to ssid referee receiver.
copy. D. n. i. JONES, Clerk.