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

, n.,<. aa thing for ke,; 4 a'd ~'' "''' 'e ""'
s.ts. ~, von .sv anything 90 a.; Wood & AVON, he,
y Dd dySs;eni ySS A. mcnt'ncd to Mr. Wood 'h"'
I1sew her sanco GO ANYTHING 70 Mr. Wood as TO her be-
q. Do you Dssfe for suq6 voyage and If 30, whs:!
70 ,,S;nk . told him considered her unseie. .oooo
n. Whsn Won aid the Cater was worth nom wv"
u eco v;tb reference 10 what employment did you
- $'Woi .,;n,s,e7 A. She would have been bought
nehg ,,a co.sting trade; some person might have pad
~, eor her for that purpose
ma. ' N your oI Iinon could she have obtarcl insur-
- Q 20 90 round the HON lObjectedto A. thought
70 o. When and where did YOU next sec the Cater
A The next time after her leaving New orK VIZ az
sacramento City in California carry IN inc "a"
20 To YOU know what was done with her. A. She
vss ,old BY Capt. Irving ther master Of her: hoo
~ For how much lObjccted tOl A. sS"' g.
q Did Won know Captain Thomas Larkin OF oa"
Frsnmsco a. Yes, SIR. -, yos.
o, Did YOU zee him while you was there A. 1eS'
~ Was a guest OF mine for raj weeks III ~ dnon
- 81 i, ,he time Of the food in January lSJ'
q. When YOU state the value Of the cater 70 oe oe-
&~sen two and three thousand dollars 90 you mean "
sopfne that 10 what you would be Wiling 10 give 'o'
% DO ven mean TO say that all she would bring
IL. maYketl A. Yes; TO the beat Of my Judgment
mat was all she would have brought.
O. When did you trtt know lhomas Larkn a. l
s,x was introduced to him in Sacramento CIy IN the
Fall Of lS49. .,u, Gan
Francisco. ..o. hol, anu rrb,;c
.Hice under the United States Government a. No,
SIR not that know Of; he was an Englshman. IT.
Q. How long had he been ,Xio N oaIGrhA ,l'irb
% Wher4 from? A. From China; was mere
uhen he arrived: saw bis vessel; he brought little
,aeamcr out that had been plying in the emma MYERS
o. Had he ever lived in California before A. Not
O. Did YOU ever hear him speak of being here be-
fore A. No SIR.
q Bid Won learn from him where he had pre-
x;onslv lived 7 A. No, Sir, not particularly; he in
formed me he had been sailing between China and
England.
To understand the testimony in reference to Capt
Thomas O. Lark n IT should be stated that an effort was
made by the defendant to raise presumption that the
letter exhibited by him as the basis of the enterprise
and which Thomas 0. Larkin denied to be his, might
have came from this Thomas Larkin, whose death
appeared in the California papers after the suit was
brought But unfortunately for this attempt, not only
were no relations or acquaintance shown between
Wood and Captain Thomas Larkn but it was shown
by the evidence that he did not arrive in California
fill year after the date of the letter exhibited by
Wood
The following is specimen of the testimony given
as 10 false bills and overcharges:
Sidney Wfntringham's Iestm0ny.-In lSiS was
seller and dealer in coer, porter ale and wnes under
Me 9Th Of October, lSio and sold him
,S 100 case: Of OF TiGf P", at a.,
Is eases Of Ale, at Sl 75.................. ~ u
Is cases Of Porter, in Pins at ~ 5o......... $3.50
Carriage ....,.........''''''''' 80
..............................S48 S48J
The terms were months, though not stated at the
time; | made other sale that Fall thai recolect |
rendered BILL copy of that lnclosed in my book as
have read them; the items have never been altered;
have my account book contained entry Of the charges
testified TO before my figures have been altered, and
Others have been added; 4 ras caLltd upon by Mr:
Mood 10 make an aIfr0t,0n IN ne GharSes decnned
doing il; / do not recollect what he asked; said
thought il Objectionable; l might be called in court,
and It would not look well; he said that some person
would call to get copy oft
The paper marked Il is my handwriting and is a
copy OF the entry originally made by me in the book.
Book { s the handwriting OF my brother, who was
my partner as is copy of the accounts as altered in
ahs book he did not call again upon me- upon any
Une else, TO my knowledge; founi 1T altered Ill my
beck several months after he requested 1t.
This book is order book iii which all our orders
entered; there other alterations and erasurcs
I'm tfe book beside that have doubt that the orig
insl emily made in Mr.. Woods presence.
Darsd L.. IinrtHghGm's tcsfimogg-ln 1913
was selling ale, porter aud cider; ! was with my
brother Sidney Wintringham in whose name the busi
generally carried ON; on tho 9th October
sale was made to Dir. Wood.
/ have the book in which the sale was entered;
II is in my brothers writing the original amount
SiS5; there was alteration made of that entry Il
sras made By request of M. Wood he male thai re-
ar. W OOd WfShtd me 10 maze maj 0LCT"
Gtion; / made the alteration; Hink Mr. Wood ras
by Ehen made L.; Re requested 10 make 0Itera
ts0a iR The cider from g. per- dozen 10 - -, upon Me
porter from 81 IS 10 g Mr dozen, 0Sd "'ne P'Hfs
altered from SlS 10 SO 50; ras ~ alteration Of
IS cents case on tie piats.
/ do not know if he hsd bill; he said he had been
at great deal Of trouble and expense i'll picking up
these bills and II would more than pay him aud he
did not wsh every person to know about his business
he said that some person might call Tor bill 1t was
litter the articles were got that ood called and
requested them TO be made; he called at place No.
16 Wall street; do not reoollect seeing Aarvle until
this suit was commenced.
Upon this and the other evidence in the case the
Reiiees have made the following report;
DECISION OF THE REFEREES.
NEw-YORK SUPERIOR COURT
He.ry Sheldon, George +. ByXhe William ii shedcr and
Levi Chestnut~ood sst Fernando Mood
OF TIN NiwYOas sltSn OF I'M S''''0" '0'N % '"N '
In Pursuance Of an order Of this Court made in the
Above-entld action, bearing date the tweut y-Dinth
Slay of November, in the wear one thousand eight
hundred and ffy-one, whereby it referred to
William NJ. Evarts John Cochrane and Henry Hilton
Of The City of New-York, to hear
and determine this action, aud report thereon:
We, the undersigned referees in the said order
named, having been attended upon the reference
herein by the counsel Of the respective parties aud
having heard their respective proofs and a.legaons
DO REPORT
That the following facts proven aud established
before us, upon such reference:
Fvst: That on the second day Of October one theu-
sand eight hundred and forty eight the defendant and
one Edward E. Marvine made and entered into an
agreement in writing, Of which copy including the
memorandum at the foot thereof is annexed TO the
romplant herein and marked Schedule A.
That at the time Of making such agreement the de.
1 A.. NJ