The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-08-06

ls1 and during said period had their principal oOcs a
- city ot San Francisco in raid State ~ two brnnci
oess one At Sacramento in the northern Of SAX
Gtntr and The other at sonors In the southern mines
enc % l q saia E PeriTa % ssa plaintiffs ~ we wers snsg
shipment to the Atlantic States of this Union.
AND this hffsnt further Gays that during all % said
pod Of time, gold dus. Of inferior vs'ue and eommcn
eAown by tsr description of 'poor dust" uas
beuxh and oid in the market of said State and ALEC
scssse term Of good dust, and the said poor das.
d0st from th' said good dust not DOLLY in value but in
colorao generaiappearsnce.
Anfttis AFFIDAVIT further says that dnrpg all OF said
period e gold dnst pro-iuced by the ssid Northern
Mines wss, according to general regular and well
known sustom ~ the trade offered for sale sd sold only
In the city Of san Francisco aforesaid and in the city Of
Sacrsncnc and other places situate in the district Of
county wherever the said Northern Mines are located
and dnlin+ 81 said rriod the gold dust prodnced by
the mid scaisrn Mhrs was, according 80 general
regular and well known custom offered for sale snd sold
only IN the c'y Of San Frnnc.sso aforesaf and st So
nora and o'y places situate in the district Of country
wherever thessd Southern Mines located and sd
dsrirts remote from tneh other and both Of tm
remote frp said city OF san Francisco rad during
MI u faid periot both Of aii different kinds o gold dust
Southern"
And during fof said perioi IL further regular
well kfovn and general cusor n the said gcd dust
dsed d. aorrsaiS 10 be oGercdfor sale aforesaid by
persons engaged ia the business mining in the SAID
mines respectively and said minsrs generally dis
hnguished from alsoher classes IN the community by
Their dress and genaal appearances
And this aiant further says that nc il informed and
fully believes that about the frs day Of Dccenber
A. u 1870 the said Alfred A. Cohen, and the said Isnah
G. Woods entered into fraudulent and corrupt couspi
iacy and agreement with each other 10 cheat suinde
and denud the plaintiff partners aforesaid out Of ther
property and estate bT fraudueny selling TO them the
inferior gold dust aforesaid AT price greater than it,
real value, and said agreement mt limited
fined TO any definite number Of such proposed fraudulent
transactions but vas general and unlimited in ita scope
and contemplated the utter bankruptcy and ruin OF said
plaintiffs a. It's only limit and as this aian' Il informed
| and believes.
ADD
the said defendants Ia pursuance Of said corrupt
spiracy did In divers days and times, during the said
Iericd sel 70 the said plaintiff Al their said several
Offices the inferior gold dust aforesaid to the amount Of
1O0 COO ounces the same having been previously
changed in color and general appearance by mechani
chemical and other nci used md practsed hy sad de-
PENDANTS a 70 resemble in color and general appearance
gold dust Of superior value aforesaid and in further aid
of faia fraudunnt transactions and sales the sad de-
fendants caused the said inferior dust changed
Aforesaid to be delivered in the hands of miners employ
cd in id mines and into the hands persons Disguised
as miners who In person, and by the fraudulent pro-
cnrrmnts Of the deendcntR effected the said sales TO
the plaintiffs AT their said Offices, and such sales
made 70 the Plaintiffs of said dust for than it, rnni
value and in consequence Of the fraudulent contr,Arres
aforesaid and the pecunary loss directly sustained BY
raid plaintiffs IN consequences @ said fraudulent sales,
amounts as this aiiant Is informed and believes, to the
sum Of 400 eco
And in the facts before rcci'ed stated on
information and belief the information l. derived from
statements made 70 this aisan and other members Il said
him a. Aforesaid by sundry persons nov In California,
and Who have said TO said aiant and his said partners
that the, Ind formal knowledge Of the facts recited
and in h number OF such persons are a. A. Whiting and
James King Of Vim.
And this aniant further says that he Jointly with hi
said partners, have commenced action against the
nanns ana 10 MA ~ mn i ns ana Ssa ~ :. .ne
si00 COO damages sustained in fact by this aihan and
his said Partners by reason Of the wroogs Aforesaid
/ sworn 70 bciore me- th- l2th day Of July, 1855
| II. o. SHArIJCk, Judge Superior Court.
ORDER on ARREST.
I Al Sochck, the same night, application was made
1 a n :.
| rest Of Mr. ]. {. Woods aud A. A. Cohen. Mr. Edmond
Randolph made the application counsel for the plain.
,id and M scharf,er, of Halleck, peacby Bings and
Park though not the attorneys Of record also appeared
In the case The undertaking on arrest was signed by
Mr. Henry Nsglec and Mr. Louis McIsnc for surcties
Judge Norion-whnt is the amount Of baii You require
Mr. Randolph suggested $500 900 double the amount
claimed There nothing in the statute fixing tbs
amount Of bn and he supposed that the Court would
| have to exercise its discretion
His Honor Judge Norton decided TO FIX the bail n,
/ $40 COO
warrant issued accordingly for the arrest Of the
| parties and made returnnble On the 10th instant.
| CHARGES or PROFESSIONAL TREACHERY AND MALI
/ CIOrs PRosEcUTIoN--A PIRsT RATE SELL on OLD
| ADAMS.
number Of affidavit. have been aied, to be used on
the rule 10 show why Hacck, leachy Billings aud
Park should not be substituted the attorneys II re.
| cord for Mr. Alvin Adams We compelled 10
dense the report Of them owing to the press Of the steam
Nj. Woods ,estihe- that H., r. Billings Park we're
the attorney and counsel of Adams CO. and that Park
vas ia particular and special manner the counsel for
the hm that the sfhant has disclosed 10 him c0nnden-
italy and unrcsefvedIy the 2d of February the
diiion ~ the m and all the facts Of the case that Il
by the ADVICE of Park that the between the part.
| nefs commenced which designed 10 be an ami
cable suit 20 70 procure o rata distribution o the
the sets uf the nTm that Park enjoyed the fullest
6deDee ~ the afant and Of Mr Haskell and that since
his return from the Eastern States in June last he has
sought and IS seeking in the pending motion,
10 convert this action which originally advised and
designed by binself the counsel Of all the partners o
Adams Co.. amcable suit for the pro ratd disir
button of the firm assets into hostile suit 10 harraa
and njure this afRant particularly towards whom Park
bas conceived most violent recruitment and whose o..
racter be has lately assailed and sought 70 rVD va
rieiy of ways anddeyice-.
Nr Cohen 'estihes In very minute ard eircums,an,a
manner % the fact Il Park having ben retained y Mr
Woods for all tie partners u AJems Co IN what va,
Understood to he amicabls suit. He wanted fee n
frly thousand dollars and made several statements 4.
% what he could % aud bad done which calculated
~ sx9U pow much Y We !n'er.ri " Adams Co. /,
would he to Commune employ him On their behalf e
aso said that Mr. Cohen owed s appointment receiver
ohis efforts Tie following We quote Ia full
fepontnt further says, that particularly In reference
| 10 the formation of the partnership between Alvin
Adams, ]. {. Woods and y II. Haskell May ~ 1854
and the agency AZ G. T. Bowera the agent Of Adam.
in bringing IL about and the relations ~ Woods and
Haskell tAereto the defendant had two several con
yersstions With the said Park, in about July
1854, and the other In abou; February, 1854, In
which this dcpopent treated aid Park an especa
manner the counsel u Woods and Haske distinguish
Cd from Ain Adams and said Park recognized that rea
tian fully and among other things sad Park Ia the drs
~ these conversations taei a. going the r an
on tebaf Of aid Woods and Haskell and matter
With the said Adams and also obsered 10 the deponcn
that u sah "a first rate re upon old Adams - Tia
fsrk thereby meaning AMI n.rufning that Alvin Adam
hnf been In soe way circuIn, ened In the formation
tad parnershp m assumption and intention which thi
! defonent has A~ays understood the said Wooh an
| Haskell 10 deny
| MIR John ioyie ~ James, Hoyle n BARTER also te.
tine. 70 the iaet q Park Icing retained BY woods 10
| all fle partners.
On motion q Mr. Love, a counsel for the pri.oner Hr
Holman ~ Bsckus was admitted TO bail Ia o., 90
The Cholera on Board she Sierra Nevada
| ltrom the Alta California Julg g1sl
'onsidefsbie excitement exists throughout town re-
safding the appearance ~ the cholera bard u,
steamer sierra Nevada during her passsg from Jusr
| to this port.