The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-10
THE WEBB and WILLIS CASE.
Superior Court-SPecial Term.
Before lion Judge SSndford.

JuSE Oh the case IF Smith Coddinston cad VIE "
James Watson Wt55.
Colonel james Watson Webb appeared In person before
the court this day to make parte statement In h
suit, Instituted by the plaintiffs against him. He had
copy Of the New York Herald in his hand and tina.
he had received that paper at Ah sesdence In West
chester county, about twelve o'clock Saturday; and
that he then learned for the first time that it was
his duty to have appeared before this Court n the day
previous; and that in consequence of his abspce
order had been issued in the Of Smith Coddgton
and his wife which he felt 1t his duty to ask the Court
revoke Colonel Webb said that he had applied t.
any counsel for advice and assistance in this cause but
that taking counsel from his Of right he
presented himself before this very earliest
moment first to apologize for what alleged to have
been drespect towards the Court then to protest
against his being ordered surrender papers in his
possession to parties who in their sppcation for then
prove conclusvely that they have claim whatever to
control them.
Court-You must spply by afadayit.
Colonel Webb-I hold affidavit In my hand; and
hope that the Court viii bear in mind that 1t hur
ried work Of q ayman who does not pretend to any
knowledge Of law and VINO has not directly indirectly
consulted with counsel In regard to his present course
am acting sir from what deem Of duty in the
premises and your Honor will perceive, before get
through that do not desire to these
letters but simply to insure their being placed under the
control of the parties to whom they actually belong
Colonel Webb then proceeded to read the following
afndavit.-
Smith ooddington and Mary H. his wy against Jane,
webb the defendant in This cause, says that when
the papers In this suit served him, the 4th
instant he read the order giving him twenty day. to
answer the bill of complaint and also the order Of the
Court directing him to appear in Court the 9th in
stant but being ignorant OF the practices of
law he supposed that he allowed twenty days In
which to make his appearance. And, therefore being
unwilling to consult counsel in Of such delicacy
and not supposing possible there would be any pub
cation Of the complaint and sdavit took the papers
with him into the country and wrote letter George
Buokham Esq offering to place the referred to-
city, upon withdrawal Of the bill Of complaint and that
it till two O'Clock On Saturday that he discov-
cred was his duty to have appeared before the Supe
rior Court on the 9th instant.
And, whereas default taken against him. and an
order issued requiring him to surrender certain
In his possession into the custody Of Andrew Warner
compliance with the prayer Of the compainsnts this
ceed the ground that il the bill Of complaint filed
in this suit be true and if it be alleged that
paths of virtue by Nathaniel p Willis said bill of CON-
plant named; and II be all the parties hereto
swear, that her correspondence with said Willis Of
innocent character and known the said willis's
then wife; and that correspondence of the charac
ter described by said Willis his card to the pubcthen
the letters in Of this defendant cannot
been written by the said Mary L. Coddington against
whose honor and virtue this defendant has breath
ed suspicion, and whose name he has never any
occasion to any person living connected with the
publication complained Of in the plaintiffs bill of
plaint.
this further swears that the letters in
his possession instead Of being such described in
this bill Of complaint, are letters written BY female
whose handwriting Is not known to this defendant but
who had evidently been seauced from the paths Of virtue
by said Willis, and In relation to the disposition Of
which, the plaintiffs in this suit-H their bill
be true and all the parties thereto have false
v-haye right whatever TO interfere. And, In proof
Of this declaration the defendant quotes from said let
ters the following
And this deponent further says that the foregoing
true specimen Of the letters in his possession to which
this complaint Of Smith Coddington and Mary l. his
wife, has reference; and that said letters the produc
ton Of female who had evidently been seduced by the
said willis and who aboring under Of
science arising from her conviction that In addition
her loss Of virtue she had been guilty Of the crime Of
adultery with said willis And Il Is morally impossible
therefore, that the said compainants either Of them
could have been correctly informed in regard TO the cha
racter Of said letters If informed that they would
have made this application set up claim to said let
te the ground that they the productions Of the
And this believes this complaint Is based
upon erroneous information impaired to the said
planants by George Buckham and Nathaniel p Willis
In said tmplaint named who he believes deceived mis-
led and used said conplainants, and persuaded them
ter Of ths letters 10 noasos 81 this dpon.nt and With
view hpncticable Of screening the said Willis from
just public indignation and censure, By raising false
this deponent further says that he has never by
any communication intimation to any person what
ever connected the Of the said Mary l. Codding
ton with the publication complained OF in the bill Of
complaint hcd In this suit and that there nothing
In said publication which warranted q suspicion on the
part o. the public that the sad Mary any way
alluded to or connected with II; and IL ~ Is alleged,
her name has been connected tnerewtn, 10 solely at
tribusb1 he believes TO the declarations Of the said
George Buckham the publications Of the said Natha
MEL r. Wills and the bill Of complaint and ths sfida-
Wits connected Herewith filed In this suit and not TO
any publication communication Of this dsponsnt
who verify believes that this done By said Willis
raising false issue with ves OF assailIng the charac.
ter of this deponsn even at the h.sard Of destroying
forever the character Of the ssid Mary Co oiiisston
with the unfortunate victim u said Wils described In
the publication Of this dspopent And this view Of the
subject u strengthened by the belsf that the whole Of
this proceeding got up for public cston and not with
view 10 the possession Of the letters referred to- 10
manifest from the fact that Is alleged and believed that
copies Of ALI the papers this suit In the once Of
the Ncr Y~k Herald with view to their publication In
that nsw.p.per p,,ouo Their being s.I,sd % upon ,a
day wednesday Of last week and all tbs papers hAv
Ing been published in aid Iaid the folosing
Ing and from the further fact that the complaint
filed BY smith Coddingoo and Mary l., his wife, IN the
mot profound Ignorance Of the true character Of said
letters which the Of that described BY them
and which II known to them they would never have de-
scribed being the productions of the said Mary
srrs \, h.ys never hsn ont 81 Ia .na that
he has never copied suffered others to copy either
them portion OF either q them except since the
Cling this bill Of complaint and then only To the extent
iorth In this sndsv and In reply TO said bill of
psint and he asserts most distinctly and without any
reservations whatever, that he has st any time
either before since tn. fling Of said bill Of complaint
said sught against the virtue purity sf said Mary L.
AM war connected her directly indirectly,
with the publication complained Of with any
trsnaction has he ever admitted or intimsted TO
any person persons that she charged By said
Buckhsm and willis the person alluded to In has pub
ncstion describing victim of the said Willis hut
the contrary he has s.d and repeats, that after
careful examination Of the bill of complaint 10
by the said Mary and her husband aud after compar
ing the letters In his possession with those described BY
the compsinsnts In their bill Of complaint II IL morally
impossihe-if the facts be as therein sworn to-that
they be the production Of the said Mary Codding
/ ton
And whereas this deponent does not know By whom
said letters written and Il quite certain that the
complsiDants this will deny that they have any
claim 10 them they learn their real character
whereas sad letters addressed to the said Willis
and BY him placed In possession of this deponent
In envelope addressed 70 him personalythis depo-
pcnt claims act of justice 20 all parties that the
order which directs him deposit them In the hands Of
Andrew Warner under bill of complaint filed by par
ties who according TO their showing cannot posi-
bly have claim these letters be