New-York daily tribune., 1856-09-27

Mr. WOOD, TO make The foilowing e'r'etnent:
The suit in question was commenced 10 January
last BY the procurement Of person narncf Marvine,
to alleged balance Of account. ard Is IN fact
for biz benefit, although pr~ecuted under another
name The allegations In the complaint have teen
denied. each snd every one Of them, by MI Wost,
urc Ger oath and the containing said densls IL
on file and mus, have been known 10 be 81 10 the per
son who procured the insertion OF the complaint II l.
I" be Observed that this complaint Is not sworn to by
Msrvine The actual principal, but by junior patner
at his pretended esei guse, on information only We
think il right 10 add tbs, having been Mr. Woods
counsel from tie beginning OF the transaction ont OF
" hich the suit arises We, from our knowledge of the
fssts believe the suit 10 he attempt al e1torion,
srd that the allegations untrue, and advised NJ.
Wood TO resist it. How far the publication Of libel
our complaint, at this time with actual notice thai
sworn denial of is file is consistent with fairness
or Lonest practice the public must decide
Nov 2 lesO-
The publication Of such card as this was not
likely to be accepted by Mr.. Maryine as satsfac-
ti,n for the money out Of which he had been
cheated. In addition to being cheated, be was now
libeled and maligned, which would only stimulate
bis desire 10 bring the controversy between him
snd Wood TO the test of Judicial trial Civil JUS
tce however in this country, is lame of both feet,
and terribly slow. II is now seven years nearly
since the suit vas commenced, and il is Only six
m, nihs since that judgn.' at was obtained IN the
Superior Court, from which judgment the defendant
has appealed, doubtless with the hope Of protrsc'.
ing final Judgment for some seven years longer.
1t is not therefore surprising that, dlsgusted
at the prospect before him, Mr. Mar'ne should
lave tried sn appeal to the shorter aud more
decisive operation of a criminal prosecution. Ac-
cordirgly, be appeared before a Grand Jury, and in
a.. al. ~ I,,- hr,,, ,,h.
an ndictnu nt against Wood for obtaining money
under false pretenses. The finding of that indct-
neut Mr.. Wood attempted to parry BY the follow.
ing publication
70 THE PusLc.-A mode of enforcing the settlement
e DISPUTED and demands has been put In prsr
ce asanst by seeking lie Intervention OF Grand Jury
person who two commenced suit sgsnst IN
the sup Court upon the most false and cauEus charges
fndue tie utter inpos-iby OF and obtaining me
object xoriins has no" recourse 10 the secret %
Of GIaIe Jury which upon sr Parfe statements inno
H.. tody Ia. Oen been Used Ike the Inqu.on Of Spain
purposes private but new element has now
been sdded-ihat OF peeeniAy 'Peeuaion In'
pe'.. both but y ,si NE no M gTf.', @ n,a ' ou. 'lp
sroe vk,n had the nonoI 10 b candidate OF the noc
p 10, ts beb bs been pndn in the civil Con f
mater Of acoouus and also the same whieh
vs.. pui upon me a. an eectione,rug trick in the F, Of
SO n t mr., s,ory Of the plaintiff and beior, tho true
merits # the could be defined FROM that time 20 this
have eagerly sought press the cause TO ta but have always
been bsfed that yndicaon BY the action Of the other
Such e,ssons may b. said to exhibit the thaet'r OF the
and this present step IN secret sssn' man who was IN
The city all the time and who had not the slightest hno~rds
of such procednss be- sd exhibit the motives Of
those ho direct IT, do not Dh 10 anticipate the questions
op" ,nS S % on It o H. 90 merely wf A. FIJI. stage to % p
be.d, the men Of this action the general of
.ton Of the movement and protect myself from being
preudcrd BY the novel reproduction Of derosaory
eLff ,or.ser.,on. h,v. coron.rd nv ,e,n,,r.. -
drsr Of mil
scs aud sy,ce have rendered service by saordns
that oPFOtty to Sindf.ie my..f which the peculiar nature
OF 'y, MP PIGsitoS ys,i Nov %i s. 1851 FERNANDO WOOD
"Ps II due to the Attorney TO add that acqt
ben upGr h. par, entirely official and forced upon hin by
In Court, however, Mr.. Wood took another and
safer position Instead of going TO trial on the
facts, he skuked behind the statute Of limitations.
The ofiense was alleged in the indictment to have
been committed on the 9TH of November, l5i3-the
day of the sale to Marvine of halfhe bark John w.
CateI-snd the indictment was found and filed on
lie 7th Of November, 1851. Mr.. Whiting and Mr.
Tucker, who appeared ms counesl for Wood argued
that this fiom six TO twelve hours, or-as the
law as TO such matters knows no division of day
ne day more than the three years within which in
dctnents for cheating under false pretenses must be
found; and ON ihispurely tecl,nical ground the in
dictuent was quashed. The decision will be found
reported at length in the 10th volume of The Legal
OLsGrr, published in this city. Thereupon
Mr.. MaIyine made new complaint before Justice
Osborne based IN the settlement for the cargo be.
tween him and Wood; but the learned Justice,
after hearing the testimony ofMr. Maryine, decided
that as this was partnership transaction Grim.
for. min
preienses could not be sustained upon it.
A cOtempCrary communication in Tie Journal Of
'cmmeree-which may perhaps have been written
ly Wood himself-indulges thereupon in the follow
ipg charitable and piOus reflections:
Here il the decision upon charges of the most
'crious chnracior which, though made public at a
it.r purpose then, but have inurousIy and
cruelty affected the standing of high-minded and
cnorsbe a man as lives. How charitable should we
lie in our Condemnation of the accused before nvesti-
nton! How easily can the peace and worldly pros
ltds of the innocent be frever destroyed by the too
willirg belief in every charge which design or error
mhy create. What Judicial or public acquittal can
"np.nte or make wheie the past Of the wounded
prit-tie seepleSs nights-thc wifes tears or the
,Lildrens shame Can they abolish the premature gray
airs or iurrowed brow, recall hours of humiliation
nd injured pride Oh men of party and mercantile
s'rie. who on the Sabbath worship the meek and
lowly Jesus, think OF these things'
Mr. Maryne was thus LETT to his civil suit. which
sd been about that time referred to VIM NJ
Iyarts, John Cochrane and Heury Hilton-two of
hem, be it Observed, political friends, and one of
Them at least, Subsequent to bis sittHg this case
Il VAIN personal friend Of Woods. From time to
tine the evidence Was put in before the referees,
F,me Of the more important parts Of which are
liven in cur report Of the case. As the evidence
crew blsckrr and blacker against Wood hr applied