The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-12
Chs Webb and Willis Case,

Bcfore Hon. Judge Dusr
JrsC u.-Smih Cefdingcn and Htfe, -. Jos Ho:scs
W,S6-Cel Webb appeared in court this morning, With
his counsel Mr. Hiram ketcham, and applied on an Ia
Wit for an order compelling the plaintiffs in this suit to
against the defendant, for the appointment Of
eever and referee, should not be sci aside The follow
Ny~ YoRs svpEsioR CorRr.-Snit. Coiias.ct and
Merry 4, his Vite, ogaiat Jane! Watson Hr1mCuy
defendant in the above suit, upon being duly
sworn, deposes and says, that The summons ani com
plant therein served him the fourth day o.
June Instant that he read the notice giving him twenty
days to answer the bill Of compliant aai also copy OF
injunction, what purpored to b. such copy and
also copy Of an order TO show cause the sixth day
CT June Instant why the defendant should be ordered
70 deliver over to Andrew Warner, Esquire sush other
person Of approved honor and integrity should b. ap
pointed by the Court all notes, but being ignorant
Of the practice Of the Court and mslei by the notice
giving hun twenty days to answer said complaint and
not having consulted counsel he did not make his ap
pearance In Court the sixth June inst AMI not until
Saturday the seventh day Of June inst did he become
Of the fact that his defau,. had been taken and
receiver appointed; that Monday, the ninth instant
he made attempt In Court to have said der appoint
ing receiver aside but then told by tbs Court
after reading his affidavit thar his motion Irregular
and was recommended 10 employ counscl that accord
ingy, the afternoon Of the day he did employ
counsel Hiram ketcham Esq, to whom he has mad
full and fair disclosure Of his defence in the above suit
and by whom he has been advised and verify believes TO
be truethat he hath good ami substantial defence
therein. and that the plaintiffs not entitled to the
redress they seek in this cause. j. WATSON WEBB.
Sworn this 18th day of June, 1851, before me:
Judge Duer granted the appication, ami made the
suhioned order
before me- any Of the judges of this Court
at Chambers, the fourteenth day OF June instant
10 O'Clock in the why the order granted in this
the sixth day OF June instant, should not be
set aside and let the defendan. have leave to
aihdavits on which 10 found bis motion that he may
think proper, the eleventh day Of June ns and In
the meantime and until the decision Of tn motion
this order to show cause be made let al proceedings
aid order be stayed. (Sisnel JNJ. DUER.
This order win supcrceic the Proceedings which were
have taken place before Judge Nandsrpocl
feree; and understand that agreement has been
into between Of the respective par
ties TO postpone the further hearing Of the uatl
Thursday the 10Th instant
THE SEALED CoRRE spovDENCE.
Mr.. Ketcham then said, in the Of Smith coiiiug
ton and wife against Colonel Webb the defen ant not
having employed counsel unaware OF the necessity
OF appearing in Court on Friday last The consequence
that Receiver appointed to take possession oi
certain letters which to BE- delivered up the plain
tis placed in the hands Of third psrty That
was taken by default, and Col Webb, ascertaining
the fact appeared in Court md iayit moved to set
IL aside but his honor Judge sandfvrd who then presi-
died. refused TO entertain the motion lie (Mr ketcham)
had read that affidavit and had asked this Court for
show why the order granted on the 9Th should
not b. vacated and although the defendant is advised
that these letters his and lawfully in his possession
and under his control yet he has no desire to retain
them aad be offers TO place them in the hauis Of
tie presiding Judge sealed up under OATH for the pur
pose Of keeping them till those proceedings termi-
Gated and disposition made of them By the Court The
letters said Mr. kecham are here in Court ready to be
sealed up and delivered into your H0nOrs possession,
accompanied by the oath Of the dcponcpt that all the
originals. and ell the copies taken, surrendered.
Judge Dutr asked II there any couns. present
the part Of the PLAINTIFFS but not receiving answer he
said IL was impossible for him to accept this or but he
very glad for Col Wcbbs sake TINT the oaer lad
been made An order has been issued from this court
and may perhaps be served on Col Webb to-day requir-
ing him 10 show why attachment should not
issue for contempt Therefore, withost the consent
q the couns" for the plaintiffs it is impossible for him
Judge Duer) to accept the custody Of those letters.
Here the matter ended.
Colonel Webb did not deny on Monday that the cx-
tracts h. about 10 read when stopped 10y the court
from the spondcnce which he holds. 10 will
be that in his a iayt he states them so b. ras
specimens Of the letters in his possession"