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

| sla,eUet'ef
The answer of Fernando Wood the defendant in TIN
cause 10 tie cou paint Of the above plaintiffs respect
| fully showeth to this Honorable Court that this de
endGpt denies having called on Edward Z. Msrvine
81 having pnp"std to him any sdventure a. aneset
IN complaint or having offered hun any Inducements
70 JON therein; skoiriEg km a LITTER or PAPER o.
ttH o. sale, making ne rcPresenfdti0ns az gH.yed
N The sad com rant; or Il at the sad I'd dssrd T. Mar
vnt induced enter into any negotiations by this
Gti'IGant g. in said comp plant alleged; or that TINS
d''tndant proposed 10 -Ad Msrvlne 10 purchase any
PER- OF the bark John " Cater offered any induce
ents TO the said Msrvine make such purchase or
Lst the oeiendsnt the representations IN the sad
c,urant set iVltb, iH regard 70 TIE dse, qldfy, or
tabe or cost y 'ke sad bark that he siOECd any bil
. s6t Hf-co' or as 70 The rdIHe. that he had
any hhow.dse as 10 whether said Marvine was gno
rant 50 to the value Of ships otherwise and he saith
that tLe whole If said alley ations are utterly false.
It.t, subsequently, defendant showed 10 the sad
Man nc ne printed copy OF hitter purporting to be
others and which Lsd been cut .ut of pub
l.led III tie City Of New-York. and this defendant
saith, nat ih's Nds fh< osy Ieftc- or pdr purporf-
nl 10 te tfo5' 'a'd LG5sa thai Ae al aRy hrt she rei
10 ne sGid Marine and that uciher at the time of
showing H. nor a. any Other time did he make anv rep
ieseHsilois a. - The authenticity ~ .he said printed
copy. or Of the written parer ref,r,d 10 in said com
ldIt and that tae statements of tie, plaintiffs in the
said npIst, III --laton ther.t are utterly untrue
And this defendsni denies thHt he exbi bted any I'D
Of salc - made me yslTeHatI9gs N he sad
mriGEl IA recGrs Of ne sa,2 bark that this DC
| Idhnt isuduielty obtained oey properly from the
SAID Mayios, or received from linn, nomnsly or 9th
eIwisr greater 1sue for ths said bark than was
| In ry agreed between them, and than, snder all
| the Circumstances, she WIS fairly w0rfh."
The sui, was commences long ago as January
1850 By an order of Court made on the 10Th day of
November 1854 the referred TO Wn. NJ.
Evsrts John Co-hrane and Henry H.aon of the City
OF New-York Cyunseors az Law referees mutually
selected by the parties and she follow ing tesihnsny
with much more beside, was produced before them
.1tract from AS9aru of Heniy Sheldon n Go.
The plaintiffs further say, ihG' while the negotiations
between the defendant and said Marvine relative to
the adventure aforesaid, going ON, the defendant
produced and exhibited to the plaintiffs aud as hoy
are Informed and believe, 10 others, paper puportig
10 be original manuscript letter from l. ~ bsrkln
in California 10 the defendant in Ncw-lork, of the
date and To the purpor and effect stated in said com
plaint; tha, said letter produced and exhibited
hy tie defendant the plaintiffs and read by them, in
tie of the said Edward Maryine; and the said
defendant then stated that the Government at wash
rgton had similar information but that 1t had not been
public; and in exp lanaton OF the references IN
-ad letter 10 the fayors mentioned therein a. having
been received by sad Larkin from said PENDANT said
defendant stated that. when he was Member ot Con-
GEES he had btained for said Larkin or aided him IN
obtaining, the Office Of Consul OF the nted States Tor
! California or some other office.
| H. A. Smsths Testimon Us merchant in this
city; knows plaintiffs and defendant and Edward +.
| MaIvine l am Il nephew of Mr.. Marvine WAS pres,
.nt at an D the Fall OF 1913, between Wood
| srd Msryine; don remember the month II was at my
store No. 81 Bond street; the conversation wa ~ith
7, gsid merchandise for shipment to California by
he J. W Cater; Mr. Maryine called first, ami brought
| Nr Wood there afterward; Mr.. Wood produced list
of articles nded TO be shipped to California; u
| WINS a written lit which Mr. Wood showed a. coming
from friend of his in California; there was letter
Will il. Nh Wood used arguments with regard To The
.biIment; Mr. Wood showed methe etter ana is'
dd not read the list through either glanced over he
ltteI or il was read to me; don't recoect the whole
suyersaiion; that which made IN Impression upon me
was that il was sent TO him under peculiar clrcnm
| stances and contained information OF great value
| Recommendations OF Importance; he SAID II was from
MIR Llrkin who held Office III CalI!oIa, obtaIneo
! through his influence when he was III ConSr.ssi
believe he stated the first name OF Mr.. Iarsh n
| O. Lakn, or Thomas o. Larklni ne sald was was
| very valuable, that the list and Information
| were worth $1,000 to any man; the letter recon-
mended the shI of the articles embraced III the
list and promising large prohts; there "ee variety
of articles in the list, dry goods, hardware, Ac the
DIV goods portion embraced a great variety of goods
saw the sie nature to tina letter; 1t was w. iIhin rs
near as csnremember have no donotn was LaiSin,
| Mi Wood represented him to be Consul or hoding
- me ollsr Ciiice in California, and thai he furnished
him this Inform alton consideration VI his procuring
| him the ofGce don't remember any alus,on IN the
letter I, tie fact of ais procuring al Office for hn;
can't say where II letter sas dated positively my im
preston il San Frapcisco Mr.. Wood represente. Lar
kin a. beng a of high standing in Calliorna;
| cot the impression from Wood that he man OF
| Inrge means: don't think MsrvDo concluded To 20
| INTO the adventure until after this interview tho In
duQements held out by Mr. Wood were SUCH uiat re-
cuum.nded them to buy goods of friends ~ the
object of their calling 10 chow me the Inducements,
and TO buy the goods 0t me II had then; don't re-
member TIE per centage profits held ot by the letter
\ OF by Wood: u something rery e20rnOss; Vo0d
said .r,T1 1fhRg q cOsid 10 Tec0rgnend the odreR-
| fure; know Nsrvnc afierward purchased goods to
| send ut this adventure; recommended Maryinc
to Ueny Sheldon u CO., and John Stenard Son Co.,
| and oiiers; | recolect hearing Wood and Marvlne
sresk Of the John w. Cater at the time they gave me
10 understand Maryine was 10 buy hall The goods anu
| b, come half owner of the vessel
| DarffJ TpsttmOnH--I
| ker store at No. 3 Courtlandt street l have been
| where 1 for four years; 1 know Fernando
! Wood; be purchased from me nine boxes matches in
the month Of October, 1913, October a. 1873; they
were psd Tor by check 1878 "a, on 18th June, lo9,
by charge for insurance in the John W. Cater to Cali
oiuia, that upon the amount OF matches sent to
| California On my own account on that vesseli made
| do sLl,nent on Mr. Wood recommending me to ship,
and wing TO me information that he had received aud
believed snd declared that it was beneficial he showed
NE letter from T. o. Larkin, in Government employ;
| this letter was shown TO me within month or two be-
f,e tbe sale of the matches my attention cd1hd
! TO il more than by Mr. Wood the amount ot II
Was that there s.eat chance to make money II
90, d. were cent out OF the description OF whc, Sa
| iooue WINS sent saw this catalogue IN tue hahds Oh
| NJ Wood. II nav have been or may not have been
nn,t Of tle letter; Mr Gof sad Re d'd recetse ne
frty from Kim. and had 5eoon, de7"o'~ed r'M nm
rk,n an Congress that he had assiStea i"'"" -
| I rGce \, Le}i End had used hes influence rhcn
| UoIpotop 10 gef him the appointment hearing the
complaipt read says in substance it is the let
er could not say positively If matches were in the
let, though think n.ey were.
| f,st saw the I. o. Larkn's letter at Mr. Woods
| store cor er Of South and Dover streets; 1 think
,hould know it again; l might not; l do not know
whether on fooscsp OF letterpaper; my impression is
tit.unp.r but larger than usual sheet-but IN that
| IuHy he mistaken; | think he'd it in my hand and
L,ked NJ il; looked at Of the statements in it
| Tie Signature was T. o. Larkn only knew Of hun at
| hat tine by hr representations had never heard
f Linn b.f1re; | frequently head Of hun after that,
and Iefo,e Leaid Of tile suit, read something in