New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-12-29
rs.a, AIeanso. tell the lay of the week; bat \


vou n, No SITTER your drss arrival bore. Where have
You boar ed since 4. AZ tsc or three places s'-ce
L.sul-5 in Wes;.st once. thea IA Pearl-st, And ~
the Frron Hotel. in Brooklyn.
q Wbe 6id You boari with ia West-ss- 4. I 10
ro' kro~ He wss Gsrnss, cannot tel the nun
her hut II s.s D. ar she Battery, n-sr Mcrrisst-
q What uunber, ard with whom in Peasi-ss
A. / co not knew the nunber-,esr Frsnklin-sirtrs
.. In VIA, street in Brook yRl A. la Fi'tSa-st;
q. Wb-u did you board ~ith Mrs. Bsss' A. Lsst
winter ard since was back on this voyage.
Q. WHY did YOU not 20 to board with your old
friend IL New York A. csnno, give any parfica-
Isr reason; he lived too far up town wanted 70 %
in bouse where there were more people.
O. Could you have found his pl,ce IL you wished
TO DO go A. know l could do it then, but do not
thirk | could do it now.
Q. Why could YOU not find il now' A. II is 80
long sgo-and another thing. never paid any pr-
tculsr attention to IT.
. Did yeu ever have any conversation with Mr..
val.ptine in the presence Of anybody else A. Yes,
Sir. often.
Q. In whose presence A. So many it is hard to
say; In the presence OF Capt Moore Mr.. Rlpp, tho
bar-keep.r q, 20 lie Waterst, and Mr.. Cornell aad
Grant and good many others.
q. When and where did YOU converse with Mr..
Valentine in presence Of Mr.. Rupp' A. Almost
ever day; sometimes in Rupp's store, and sometimes
in Cornell & Grants.
Q. What talked sbeu, in the presence Of Mr..
Rupp' A. cannot say Sir
q. Cannot you state any subject that was ever
SPOKEN of when Mr. Rupp was PRESENT. A. No, Sir;
there were 80 many subjects
Q. Was the Moul.on, or her voyage or the object
Of her voysge ever sposen cf in the presence Of Mr..
Ruppi A. | do not know cannot say.
q. Wa AIRY such ma'ter ever talked absut between
YOU AND Valentine in the presence 1T any Of the gen-
ilemen you have named A. No; do not think it.
Mr.. Valentine told Ins Ia be very careful Of what
SAID in the presence OF ether persons.
Mr. Whining objected 10 the latter portion Of the
answer but TIE Commissioner ruled that it should DO
taken Gown, and Mr W. entered an exception.
&. " ere all the conversations you had with Mr..
Valentine shout the Moulton secret alwaysl A. Yes,
SIR. Captain Smith pp,seui.
q. How often Capt Smith present! A. l can
not soy; he was pr,sent On more than one occasion.
y. Whist was said when Capt. Smith PRESENT.
A. can OF say, Sir Il was shout the voyage after
the easel was burned
Mr. " hitting having an engagement, the Commits
,ioDer adjourned the investigation
CHARGE OF CUTTING AND INJuRISG STRANDED
VESSEL.
Issac Herbert wss eXamiped on complaint maia
BY Alfred q Benson, chsrging that he saw said II.
sad other persons under his control destroying tho
lower deck beams, lower deck plank and carns be-
longing to the chip New-Ers, lying stranded on the
New-,l.Tsey shore. The complaint Is made under the
law of Congress making it penal to take, conceal or
destroy any thing from vessel stranded, or in DIS
tr.ss. Ii WAS shown that Mr. II. was engaged with
his men, in taking the cargo out OF the vessel and il
10 insisted for defense. that they justified in
=,
Mr. b is not the owner, bis bill Of sale not making
him such, the Commissioner said,) till after the ves
sci arrived in New. York. The complaint was dis
missed.
SUPREME COURT.-SpgctaL TERx.-Dec q.
Ex.NIYATIoN on OATH OF PERSONS NOT PARTIES TO
TIE SUIT.
Owen azt Potter
ROOSEVELT 1.-The law provides-(Code, 236)-
that whenever the Sheriff. having warrant OF attach
mept against debtor, shall apply to person sup
posed TO hold property of the debtor, such person
shall furnish HIN with certificate, under his hand,
esgnatip the amount and description OF the property
or debt held fer owing to- the def ndant, ana that
II sueh person refuse to give tho required cerh ;ats,
the Judge may, on pain OF commitment, require his
persona attendance, TO be examined oath concern
Ing the matter. In the present case Messrs Carson
& Hurd, on being applied to- gave certificate that
they had property OF the debtor in their poes ssion
or under their control And the question is, they
under such circumstances, be compelled 10 sabmit to
al examination Ii they bad certified that they had
pen knife aud only that of toe value of fifty cents
ana no more further steps is obvious unrer the
section referred Ia, could have been taken against
them. And is not such certificate Substantially the
same H. saving, under their hand" thatthey nave
mo property" OF the debtor Or putting the query
In another FORM are not the words " as property,
correct legal designatoD ia such cases of the amount
aud description Of the property held. The law makes
tie uns certificate Of the person who is inter-
ost in he controversy bar TO shy further inquiry in
that sunshry mode. If the CREDITOR notwihstt1 dlng
the certificate, would proceed further b. must do SO
in the same manner as his debtor must have done
be must institute, in the name Of his debtor, al
crary snit IN the usual am ordinary manner. CIV
ing TO the individual proceeded against the ssns
forms OF defense as II no attachment had been Issued.
An attachment il in the nature Of an sssgnmeut;
and il Is welest4bIished principle, which the
Code in tss provision clearly recogniZes that the
signee have greater rights than his sssignor.
Ii the assgnor-his claim being denisd-must have
sued by regular summons and complaint the as
sgnee shall do the same II see ms clear, thereforsv
that tie cause shown by Messrs Carson and Hurd,
both according to the spirit OF letter Of the Code is
sufficient the first instance 20 protect them from the
extraordinary inqaision proposed to be instituted.
They not bound, against their will further TO dis
cio.e 10 suit to which they not parties, the
ticuiaTs OF their business II any, wIihs the plaintiffs
debtor. As bins uf discovery are polished, how,
then il may be asked, is toe necessary Information
10 be obtained Is the creditor 20 De estopped by
the 'smeDt, without oath Of, perhaps an in
terested person, that he has only one cent, or in
other worss, DO property Of the debtori The Code
answers yes; but Il adds that If the creditor dsbe
l-ve the statement be may, either 10 the name OF the
sheriff or in the name Of the defendant in tho attach
nent subject to the direction If the C0uf. o. Jadge
g take such legal proceedings (sec. 2e@) - may 6e
"to collect receive Into bis possession all debts,
creots ond effects Of the defendant" The less for
nal method might perhaps have been preferabls. II
IL -ufci. nt however that the Legislature thought,
or at have enacted, otherwise aud that il il the
duty Of Courts when that bocy has declared the law
whether wisely not, to carry cut its intentons-
The order to their must, therefore, b. dis
charged.
US DISTRICT ATTORNEYS oFYIcE-DEc. 2, 1884
Bonds having been given 10 the case of fhs schr.
George H. Townshend, seized a. intended for the
slave rade to abide the event Of the charge against
her she yesterday liberated from the custody q
the Marshal.
MARINE COURT-oee. "a, 1884
Before Judge AcCARTaY.
Jacob r. Oakley azt Pendstos O. De0a~,
BY AID. o. now Keeper Of livery stsbis 70 re-
cover ego being forrepsirso Of wagon broken nearly
" piece ard the loss Of hire Of the sane vae beng
repaired, caused by the horse running away, aeTa
Weehswken Hill, n j., ana upsettng tue wagon sds.