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

MI Wood had pnpOsed to sell TO Mr. Marvinc one
S % NE tsid 'ee at the actual cash cost TO him.
| Nh.h IL Icyrerobicd 10 be $4,000. and for which
| Le tbtn exhibited TO Maryipe and myrelf a bill OF
sm', !" II sti' Ter the consideration OF $l2. 100
.Yu un sum 10 hun. Mr.. Marvine sp-
scls or cargocs; he had been hest,t;ns wbetb.r "a
tike IAN OF Tie baik az not up 10 that time h1t hs
iL'n bought ore half OF the haik at e. GOO ON L,kpy
| oNcI he memorandum laid TO have c,r a g. -
| L. q. LsFkn, especially he articles OF b.n,,.ra
| IVES Ntf! nuth suIprRec 10 discover orr a, ,xxa
Hundred dozen Of certain Kind of lock which ln,,
wrs sed' ~ or never tsed there; it was moriise ck
| NY Edwad +. Ed, CT, hao then Just returned
| nom thcre ard was u practical hardware man. who
| knew Nj. T q LsikiD by repuistion, be Also kpev
Lt fim Il GGskin Green. OF which Mr. T. o. Lar
kib mtu btT; the part of said neuut an,Ium of
articles of hardware stuck unusual AMI as pot
s,iug been n ade ,ut by one iannhar with the Sro
llsLCsto naIket. NJ. Nood and Mr.. Msrv,e aI,.y
niGtrahe ocnNerssiioh, coneeLled that should al
ier II moraudum 10 suit What considered be~,
tie nelk,i, limiting the amount 10 sum considerably
ees u sn tie original memorandum, or about the
7ih dty Of Oti,b,I the ssne year ieis, appioi for
irsurpI az ON the baTdwa,e that | had purrh ssed hy
The direction cf Wo- and Marvipe at two Offices in
Wal IN e, at the time Hnod exhibited the bill ut
sae sbt mentioned, he ssis The 'essts was tron nlte
to tie,tn year OF age when went 10 the Insurance
tfc,s t.lh otictr dtcnnou ibe risk al any rate of
tnniup fne of them, the Sun Mutu,d. saying
H. at sle old that sbe wss out OF the books,
or s,rne eipessiop TO that ofi,1t got the impfes-
sios hst hey wtre laughing NJ ne for irving 10
e,, ,reurabc, on 81 old a vessel I reported il
uedai,y to Mr. " cod he answered that lac could
Let Any tmoust done on ler that he wanted and re-
qucst,i uo, io htiVn The subject "a Mr. Aarvne.
who vss tltn AZ Aubuln; he thCn showed me oul oi
sal, ot tie bark John ". Cater, 10 himself, hilcd up
the s,rsiccrstcn of sl.Ltu: and he ALSO stated, al
ihc no tin that lC had slent tlOtO IN putting the
lHIk in coed ord.l. that tie sald companies IN Wa,
street, II i; il tie Atlantis and Sun Mutual. angry
with m because lie had pros. cut.d them on certain
loli,N end ttst item. aid that in consequence OF II
l,! Wue thus trying to nlure hls vessel Mi Aarvine
before
County, and ateiward at Kingston. Ulster
County, snd had been a country merchant IN both
ti,s IlHcos be ahCwaId went 10 Auburn, and at the
tim, have spoken OF he had been in New ork about
d year and heh, buyrng and selling real estate: hs
house during this time WAS at Auburn: in December.
leiS IN January 1872 MarNine had in his possession,
and slow ed 10 NE, cutan bills of purchase cargo
vich tie isee purporod 10 lie original bills of pur-
clGso of cargo. which bills he copied and asked me 70
c,uuaie tie copies with the o igInas which did, and
lu ny initials b. ll.F., my initial, r., upon them
lie witness here produced the papers hereto at
tacl,d snd n srked Exhibits A. Is. Z, ID, T., respect
ivoy. 1heso papers are the copies oil ,he sad 1i'I OF
uufthase ctnspaI,d BY NE, and marked NJ have
Stat, at that time. these papers compared by mo
ueie true copies of the said original bills.
At the time Wood exhibited the bulls OF ssie wood
ard MaIvlne had agreed, as they both said, upon q
iont adventure of al assorted cargo TO San francisco.
and then the question whether Marvine should take
an interest in the sse that is, one half o the vessel
a. Wood proposed to sell him one-half.
.joLn Bay,ngton's 1rsimoay.- In 1913 was mcr-
chant OF hrIu of Smith 4 Boyington, and had been
sine. lst April 1871 our finn owned the bnis 1hn
w Cartcu: We became owners OF her IN toii her'
yaycrs uee ISSUED an 1881, Ee bought her ot CaH Z.
Il Daris Tor $i,.t0; re sotd her an May, doiI' 20
E,r1ouG, II cod 10, - OtU. srecutcd BAL otsdLe
tohy ,r sunle the consideration expressed III Una
bl ,I sal, was the true consideration, SiC,V, out
do not reeolect particularly i"err eTecr,.d 70 nn
bill II safe "a rhich The CONSIDERATION JEW -
messed as rcocrrcd for bars usually 80 10 thn
ist, m. House 10 acknowledge bills oi sale; we sgn
separately, and not the hrm name. ,
Ties. D. Lorkins 1estfmony.- reside at present IN
I'D NJ
mi..s from San Francisco; | was United States Con-
,ul United States Naval Agent and United S'stes
Stonk.eIer tleIe at nat TIME hao peen w'eI
S,,,e, Consul there four hve years prior to ioioi
did not carry ON any burutss there as nefchnH, ON
ny oxus account; lhsd been merchant previously -
vns dong bus ness indirectly as meithant Tor 40 OF 10
,,nts in hat country; fIsstast' IN my own name
Ind 81. had Interest IN ma camille pusihcss went
ur,e 10 i.side III ls:a and ~as there unui loio l
Was ot out the Republic oi Mexico at that tine
kItw amost every bouy stdrg al MONTEREY anu oo
E,sn,s,o uLo pe,c eng ssed M business there some
\ TIM. about iSi9 there came fiom the las, lnd"s
capt Tlonlns Iorkns; b4 had An to his name no
uadle letter; before ea ooVH loiy ne rds rof ~
Conto,,,o ,n lo4y 4 a.d not kn0r Fernando boed
! o, N,r. York had nersr rcoe7red any oo7nm"nca-
non (,oan ham hov. kH0niedge " tcrHng 10 h,m
mas under no Obig atoms Jor any tdcors ne "oa
b,rr ,endcyCd 10 any assistance Pr'0r 10 "t yf"
1875; rytor 10 or during lSiS, d'd not ~riH any
nner 10 Mr.. UO0a. recommending cry MPme~ 0'
odrentp,et IL Coftorhio; nor i"fo''ag any q" m
ntf,s Dh,eh ,fV0bid be- asctm 10 p"'ohase 10 se"s
h,re no ofLf, PRISON named Lays'H acas coRnrcfed
,ub the Unded Sfates G0reT"mSnf an Cahtor"@ ~
lsiS . O.
Samuel Brsnnon's Test,msny.-I reside IN San
F,auci.co and resided there since 1870; l knew
Thomas q. Lnrkn since 1870; In lsio he resided IN
Monterey. Ia the year 1870 ana uP 70 "e tila =, a"
wear dad not know any other peson of the name ot
Iaiku, In California; after 1873 knew taft ihoinao
Inrkin of China; hrst knew him to have bn.in'Ds
with him in January, iooD "a" n'S, on,i. IN oa ha
CISCO and had business with him mt Sacrainen'o no
lad small steunlbVs, there chartered H. oehe'a
lac wa- mn Englishman; he was 80 undent"oa 10 DO,
le owned a small steamer called the FIRE fy, tha' no
Lought from Henry King; he might have pousht son'S
| oo1.. he was not there TO my knowledge, IA Ioto
Lave no recollection OF having seen him. he never oc-
nried any Office under the United Stater Government
| tlst know Of; MY business was such thas shouIu
| have known it ii he had; knew no person, msr'
| ,Lant there by the name OF Thomas LaIkil' m tho
| Roland Gels,oq's TestimOny.-I am aged AZ years.
| am ship mas er, and have followed the seas 'oo
1919: seven yeais OF hat time have been on shole'
don't know the plaUteSi know Mr. "ooo' the o0'
| iendant. A
q. Wss you in the Port of Ncw-York in tho Tal Of
| lS,si A. Yes from Aug. to Now ~
O. When you lett ON the 2ith where did you go A.
.sied rom LeIe as msstor OF the bark WLitton 10 San
| Francisco. -
| Yo,k for that yoyasel A. Somewhere about SIX
weeks from the time We took hold Vi her I'LL sailed.
| O. DID YOU see the bark John w. Cater IN New.
I 1oiss in October, 1873 A. Y@, Sir
q. Where she then A. che laid at the foot Of
| Dover stttet
| q. Wbar was being done with her' A. She was
| IOa ing Tor California.
| O. WLo was loading herr A. Mr. Wood, the de-
ieIdeDt had The maDas emeIt OF her adyertsed her,
q. Was you board Of her during that Fail, and
| 90, low oii.n A. on board vi her several
| tn.es, | cent tell how many times.
O. Did you observe her condition and siate OF re-
pair \. did 10; 20 into complete e'a'"'"'''" :"
| Ter hull examined her spsie ngging, Ac'
| q. What was her state ana condhou' 70 ia a' you
oLseryedl A. did not copsdes 1t sO"d i'f tna' wy