New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-06

! The Gaze Of d. b. Allen against tae Nicaragua
Transit Company was resumed to day before Judge
Duer, in the Superior Court, The day was occupied
by the plaintiff in readiDg afdavits responsive to the
adavis Of the defendants in answer TO the complaint
The first one read was that Of
D. b. Allen, who deposed that he YVES ons Of the
original grantees Of the Company that on its organ
izaon be became a director, and that when the
tract with Vanderbilt to put bis boats on the line was
under consideration, by which it was agreed to pay
Vanderbilt enc fifth Of the receipts for the transit he
unhesitatlpgy denounced il; that he was outvoted,
ard resigned bis dictatorship, though he continued to
be a s.ockholder and was a! the time OF tho pu'
chase Of the steamships to the extent Of @ 500 shares
that for eighteen previous he had been in
Vanderbilts employ, and for long time had had
control Of his business but he bad resolved to retire.
and was then initiating his successor; that he was
called by Francis Osgood to al him in tue sale OF
the steamships to the Transit Company; that Osgood
told him that Vanderbilt said he growing old, and
thought he had better get rid of them, they were go
much trouble and wanted him to aid him in the nego
Citations; that he at first declined but finally Wander
bit urged him to do it and he yielded; that the pego
tiatons were carried on with Joseph L. White; that
he told White the Company had 10 right to buy YES
ses and White answered that he could easily procure
an enlargement Of the Charter and reqcsted him to
obtain an agreement from Val derbilt for the sale OF
the ships and required, absolute prerequisite,
that he Allen should become the agent for the YES
.els that an exceedingly bitter personal hostility at
that time existed between Vanderbilt and White add
the agreement drawn up transferring them to d.
ponent 10 be sold to the Company, or held for it by
him as Trustee; that Vanderbilt did not sisn it be-
cause his legal adviser Horace f. Clark, did not
IL. 49,, tt.1O H. -
1852 he drew up letter of proposals for Vanderbilt,
who then stated TO him that nothing would result from
1t, and he only wanted TO get himself right the
ord that the postscript Of that letter in which Van
added by Vanderbilt in his own haniwrit
ing, and unknown 10 deponent; that they were
very much surprised to find the offer accepted; that
when deponent learned OF the crestion of 10000
thayes Of new stock, without the knowledge of the
stockholders to pay for the ships he denounced the
scheme publicly and unsparingly; that he took no part
of whatever and that the assertion that he took 900
shares or any other sum, utterly false AID without
any foundations; that on the contrary, he insisted
that the original stockh olders were entitled 10 the
stock in proportion to their shares of oh, and
threatened legal proceedings; that some time after
/ in order 10 prevent legal proceedings, White cSused
to be transferred to HIN geo shares, Which was lees
than the number 10 which he would hsve been en-
! titled on pro rata distribution; that he weat 70
Earope in 1853, and learning, prior 10 his
erbsrk alton, that he would lot lose power
TO institute proceedings by selling his stock,
he sold IL, and bought again his thst this
action was brought by him for other end than 70
obtain Judicial enforcement Of his own rights, and
those OF The other original stockholders tina, be has
not directly Indirectly bought or sold Of the stock
since bis departure for Europe excep. the 500 sharss
men'ioned in the complaint; that he .Te that
the cont act with Garrison was about 10 expire and
he wished to probe the corrupt contracts that bad
been made with him; thst he was informed By White
that DO one but Garrison could have tae agency on
any terms, and that the insinuaons against Brigham
he f-l and
Tbeo. Diaper, one of the original stoc khoders
sets forth in his affidavit that, at the time Of the sale
of the ships TO the Company plaintiff repeatedly de-
cared 70 him that the issue Of stock was illegal AM
in defisud of the rights of the Company and ire
quenty declared his intention Of seeking legal re.
dress and deponeni is fully persuaded that this sui,
is brought in good faith, and from other motive
than that of securing tie rights Of the original stock
hol6eIs.
Frsncis Osgood deposes that be was personally ac-
quanted with the afsirs of the Company in the aa-
tumn Ct lsj2; that be then largely Interested in
Nicaragua, ard Vanderbilt knowing that he was, told
him that the stock worthless and would be- 50
long az Joe White managed the affsin Of the Com.
panyi that White was usns the Company for his own
purposes.
Nr. Clark objected to the reading a. scqrrilous.
Dir. Cutting however, thought it best to have them
resc, to show the aLmus of the srit
Mr. o'ouehion suggested that perhaps they might
o' lsnsmSeI that nearly ev&y sentence Of the de-
iencants aihdavits ended with Il fase Ibellous and
untrue" That said White was u,;pS thu Comnsnx
for bis Own benefit exclusively. and be bestos sd
upon nm protuson of the most opprobrious epthe,
that not lSng ser Vanderbilt, applied to him to effect
the sAe OF tne ps 20 the Company stating th A, he
WAS gttiiDg OLD AMI had better get nd Of shn.aa.
which gave him 10 much trouble; that V.ndsrh;I,
told him the assistance Of Allen would be very nsafri
a. be well acquainted with the vessels; thai h.
went to Allen, and Allen wS very 10th to undertake.
the business saying il would involve him in a 1reat
deal Of trouble but that be Of jas, consented, on