The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-10-15
The Accessory Transit Company-TAe g.
vsrnmens sfNRcarsgua and tho Position Of
Waller and Rlvnse

eUPREAB OOURT-5PDOIAL Tu1AA
Before Hon. Judge Ceske.
SECOND DAY.
Oc1. N.-euy r. PelsOn was called BY Mr.. Field, and
dcposed that he 10 member OF the present Congress-
printed document dared May u.s. 1862 produced) shis
document message nom the Prssidnt OF The United
States TO ID Q house,
Mr.. OAlsmh recalled and further cross examined.
Quss Have you presented your credentials 70 The 90
veTnment7 (Objeoted to, and ruled oct
Mr. Ozark submitted that the Witness did not answer
questions put by the defence, h whole testimony sno0d
DO stricken OuA When oid you get your credeotaIsY
A. received my credentials from Gen. Walker ina
l6tp Of joy. 2. Are you Accredited from Cen. Rvasf
A. AM aocrcoised from Gen. Walker q Ia not Rvas IN
Oppot ilioD 10 bm9 A. Rvss u in opposition the go
nment Of Nicaragua speak Of matters OF Nrcara
neraiy Obtain; have been Granada, Castillo Photo
and several other towns and some small villages; was
not there under The administration OF Rivas New
York the stutiou not recognized under Rvas
mini ation, nor under Walkers government when
there, The government was maintained by military force
the country mad been in revolution period; the de-
nocracy prevailed and they formed liberal treaty with
the servhe party under Chamorro who made Provt
siona P'esdent; decree made to elect Presldens
~ the people, under that decree they proceeded 70 ec
President in June ast there tour candidates. Cen
Walker, Rivas. sahzAr and Terrar ! noticed that C0l
cratic party; they I'D; but SAl2ar and Rivas
belonged 10 The servile parry before tho returns Of tna
s S w,re ,sSsvea owns partly 70 from
party, Ned to ehtnandago gathered about nir forces
from Guatemala, &c. ana commenced the called eevo
luton; Mr.. Walker was inauguratea the 18th July az
President; his election was announced on tho ION;
arrived there the 9Th Of July; think there were
about 1900 votes for Walker ABOUT 600 for
the others, AL combined electoral population l.
about COO; the whole population IL estimated
10000 TO 100000 What was tho object that ciec-
uou was II for the President OF republic despoti
A. The election was MADE under the decree OF Rvas
Presidents bis powers were Defined (copy Of
Inc treaty shown 10 witness, Who Identities ny thus
u treaty between the two conflicting pArtes the demo
cratic party opposed constitution snioh
constitution bad that limo been submitted % toe
people. VINO was hast President under the const,tu
on OF 1883, prior ~ toe treaty Of octooer2 A There
claimed 10 be two, Uhamorro and Castillon; Gas
I'll on claimed In opposition 10 tho constitution Of
Cbamorro; Chamorr0 claimed under new con
stitutSOn, which had NOS been acknowl lodged ami
designed 10 supplant the constitution OF 1895;
speak from my official kno Seogcy and from ny commu
nca'on with the gentleman who was appointed receiver
10 hold tho property OF tho Transit Company until the
investigation carried OUT saw steamers In the
Possession Of capt Scott, one or two small buildings
iorceY A. No. sir, 1t the law Of tho ana and ID was
respected commissioners had been appointed 10 take
posse.son Of inc propery, ana tncy took armed force
for orce am not sure that right using the term
receiver. but there Was Custodian appointed by the
government to hold Y. DO you know Of any grant of
tho right 10 the isthulas Of Nicaragua made by
Walker 10 any other party subsequently TO IL OF
M Su,ns a. ~ oy Sr nessr How, CARR
SOD and other defendants, objected to any outside
collateral evidence which has bearing this case
tMr od not intend take part this con rov ersy;
be did no. what result may De, but obected
70 outside testimony that may be cacased 70 pertain To
other suiss.
The OBJ ecton was sustained.
Witness contnued--i know Mr.. Charles Morgan; hsve
known him slightly for some time; know Mr.. Garrison;
tho decree OF Walker which annulIed the grant
Transit Company was carried OUT the property
potss Of Mr.. Scott the custodian Of the govern
nent; learned fiom Mr. Scott that no held IL for tho
eoyerpmeDt and obeye1 orders those of sue 20
vc,bment; Gdopt knew where Sir Scott got moucy 10
"A ~ n IN 10 ~ tar
money ana that bis drafts not eped he did
d.aw Oh the company alter the setcre was with Scout
dive days O. DO diplomatic rea. ions exist between
the tvas government and that OF the United states (05
jected 10 and ruled out did not see M. Car
any any gran. or privileges Of right Of transit II
scToss the Isthmus OF Nicaragua, purportng to have
S yo@ ss ss
rom Nicaragua TO New York; OBJECTED TO and ruled
TO Mr. reld-rhe provisional government. established
by the treaty between the two parties q triumph
to either party but compromise between them. The
election OF General Walker was an election directly By
70 Mr. Cark-I was not IN Nicaragua at The time Of
the election
AZ olph Herber; called for plaintiff, depo,ed thai no
was In GRANADA In February last, during the Rvas-
Walker governments Y. Was that government above
under the constitution A. II ABOVE The constitu
ton; raw the original decree in tho Offices Of the
eminent OF Granada, among the archives; have b,sn
The twice; al the property ofthis company have been
taken possession Of by the governu en who appointed
Captain scott 70 take possess Of IL the decree wa
read IL the streets; that Is the usual custom.
Croes examined-i am native OF Hamburg Ger.
many; am resident OF Granada; went there Ia Jan
uaiy; never there before; I . merchant; took
he 10, mo ,hs arsRvcs Of he stats Win Mn
ferrar who n friend Of mine; don't know what de-
cree saw there, bot saw decree; lam citizen Of
Sirai agra, and voted for Gene al Walker.
The Tor the plaintiff here closed with The cxccp
tien Of one witness, ~ho was not then present.
aac g. lea, Secretary Of tho Accessory Transit Com
Iapy SINCE 1850 was called and produced the charters
OF tho company 10 the Spanish language; have one copy
N English lproeuce. y 70 the court) nave been some
what with tie business OF the company
iis commence mcnt. DO you rocoliect tho particulars
Of the difficulties that oocarred between the Transit Com
fany and the government 10 relation % the provisions OF
The Court said that could not 20 behind the decree
Witness eontinued.-I know man called ,aps. Scott;
lie agent OF The company a time; tho property,
informed, has been seizcd; scott pas drawn oa
the company Tor money 70 pay tho disbursements. Y
Has Scott drawn drafts o, tho company
Mr. Field objcstcd 10 tho evidence the traits should
be produced. Collection overruled)
wbaia A. is accounts SHOW thss he has drawn on The
company for the expenses Of tho bos since lie seizure;
tho al ans were dlshouored.
Cross-examlned-rhosc accounts are In my once; the
items wcro for wages for scamcn and employees OF the
company on board tho boat; don't think these items
services rendered previous 10 the seizure;
think ibcy contAinci items alter February Is, 1885,
can't tell what the amouns for wages II u some hun
drods, not thousands J can produce the secoants
The further examination Of the witness deferred
Daniel b Allen deposcd-I am connected with the Ac-
What charge Of their property some Of thor property
In New YORK, some In Acapulco and San Francisco, and
some Nicaragua; ALL except that In Ncaragus, ~ In
tie hands or Mr. Cornelius Vanderbilt MORTGAGE for
sum betscen s.eo,Wt and $500, oco y What measures
have tho company taken 10 gain redress for this czGres
(Ohjectsd 10, and ADMITTEDLY A. Application was made
10 government for redress In March last
day or two after the news OF the
seizure arrived here since that . corrcspondence
has taken place between Mr. Marcy, Secretary Of the
Treasury, and Mr. Vanderbilt sched ale Of the property
has been furnished Mr. Marcy ri his request and there
thrn IL "a p,fs
troueh government rcdrcss believe have written
AL the letters the subject. con tuct the correspon
dence; all the letters the subject come through my
hands
Crs eraminei-Mr. Marcy has written good number
Ct letters 10 Mr. Vanderbilt have them n The once
Mr. Marcy has transmitted copies Of the letters he has
received from the Nicaragua government but he has not
sent copies o. lis loftcrs " the Minister.
Mr.. He'd Hkci tha, thc correspondence 0e PRO
duc4d
Mr.. Clark rcfuss, aud the court would not compel
as production. Qxccpton taken The steamers
Northern Light and star OF the West arc not In
The rossc,scn Of Mr.. Hoyt and Mr. Morgan; be-
eye they tola o mortgage On them; thcse vessels
have been taken Possession Of by the sheriff on attach