The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-29
The Alleged Libel ON Hon. John McKeon.
sUPERIoR COURT SPECIAL TERN.


SUPERIOR COURT SPECIAL TERN.
Before q N. Judge Woodruff
Nov 28-Jchn AcKeon Us Patyisk Lynch and william
Ooe Proprteors Of ne Irish Amer lean Newspaper rns
day the parties attended to justify for the defendants
in the libel suit instituted by the plaintiff the bail or
fered were Mr.. Benjamin Wood and Mr. Geo. g. Barnard.
An application was made by the defendants for post.
ponement on the ground that Mr. b. Wood Was absent
from the city, and would not return before month
The Judge said he would grant reasonable time for the
justification Of Mr. Wood bail but that the e1amns-
ton OF the other bail mr. BarnIrd) must be proceeded
win q opce. Mr.. Barnard then examined by
M. Ely, one Of the counsel for the Defence and
saidl live in the city OF New York. at the American 10
tel have interest in houso in pougakeepse; the
title Of the house stands In my brotbers name; my in
ereat in n liz one equal undivided half the house
small house, my interest in IL was acquired by gin By
paro from my father; have no written evidence OF it,
my brother acquired his rte 70 the by deed from
my father; think he must have don so; never
the deed think contains unqualified veyauce OF
the whole interest In the property to my brother can
not tell what time the gift made 10 me by my father
previous TO my going TO California, and previous TO
184s 4 have written evidence Of my title 70
that house or ground do not own any other
real estate 10 the State Of New York that know
cemetery in this State; not householder in this
city; the house in Pougnkeepse has rented for
received portion or ,hs rent from my brother,
since then have not can't toll whether any portion OF
those rents have ace then been credited TO ut
the same time the deed given that my father
the half nterest in the property, by pSroi; my i'm
presaion that at that time not Of age, and that
that was the reason my name was not put in the deed
own personal property 70 the amount Of $3s,u0,
Cross examined by Mr. McKeon-I went TO California In
October 183S my father has not done any business for
the last afty i've yeavs; can't tell when he e the
conveyanc 10 my brother can't tell how much rent
OF that house 10; II strikes me that the rent
about $50 or $50 . year; one half OF thSt
was paid TO me; cannot state how often it paid 70
me- or how much OF my share have received; resided
IN New York before went 10 California; think In 548
or l84b for few months; then stu dent ct law;
did not remain In this city for any eogtn time after
that was admitted 70 the bar n August 1Si8 studied
with Jas Brady after had my license then returned
70 Poughkeepse and prscced law there for
years. and went from there to California; when TO
California Mined and afterwards, when the courts
established, practised law since have returned have
taken Office the Shoe and Leather Bank tho
floor and next TO Mr.. BenjAmin Woods office,
the floor below the Central Park Commissioners: have
my sign up attorney and counsellor and practice
law In the courts; decline to who applied to
70 become bail Ia this case; at the time applied 10
70 become bail stated to the person who applied tn
that could mo-. do SO, was attorney know
neither Of the defendants in this suit have business
connection with Benjamin Wood, nor have any proes.
sonAl business for him. There no bonds mort
against It to my knowledge. am unmarried and have
no family. The $50 600 consists follows Nniag
stock In California sl3, 3oo lot In karysville, Caorna,
$4,000
At this stage OF the examination Mr. Barnard said tha
he was satisfied that he could not become ball.
practising attorney.
Mr. McKeon said there was NO occasion for continuing
the examination.
the defendants have seven days to Tile new under
taking.