The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-19

OTHERS
srrERoE oorHr-rARr SECOND.
Before hon Judge Duer and Jury.
seycneir Ritchcoct and Wm burroughs, Jr, us. the
sssatc Manual lnsirdRoe CompdRy-This has been
before Court for several days. and its history already
yeported in the HERALD. Several witnesses have been
examined prove the allegations set forth The bark
victory which freghted with ammuntions OF
alleged have intended FOR the invasion OF Cuba
1s4 55, and claimed TO be owned together with her
cargo ey Appleton 0aksmh who insured her with the
attendants company for $4,000. The Victory
wrecked, and plaintiffs as assignees Of oaksmih.
TESTIMONY OF APpIKroN oAKS,srTr.
Appleton oaksmth, examined by ex Judge Dean for
the bark Victory policy produced) That the policy
insured by the defendants company first heard the loss
Q, the Victory sboa, the 18th Fefary 1855 Isas some
CT ten days after that; the l4th of February
saw the Atlantic Insurance Company and made the en-
sorsemen the protest; the invoice and bill OF hdng
presented 10th February Mr.. Jones said nothing,
but asked particulars about the loss and asked
sec he captain; the bill OF ladng exhibited in
pecton with the invoice; affidavit made TO supply
sfSdsvit which tho company had lost.
Cross eyamined-Mr, Jones requested me 10 send the
captain of the Victory which did; also him the
carpenter and my account handed papers TO Mr Jones;
b. sad he could not give me a check until tie time OK
pred Il day two after handing the protest; he
Odd not he would send the check day two; he
asked for affidavit al the time Of the protest he made no
su 10 the loss but in asking for the papers connected
with i. when rst presented preliminary proof he asked
for invoice and bill OF lading; We had some CONVEX
him and Walter X. Jones; talked principally with
Waiter r Jones but that interview did not last great
while; handed in the invoice and bill OF adiug and ask
ed the company would discount loss he said asked
Sthey wanted further proof and he said no; that is all
recoect bad instructed the captain to go TO the lnsu
Compan! hut do not know whether he went not
nothing said by Mr. Jones 10 whether the captain
the carpenter bad been there Jones looked at the bill
OF aGinG and invoice; be endorsed IT, and returned IN
two days took to the company TO get other endorse
witness further testified, and said that Mr.
Jones said he did think he could give HIM any money
account, cannot recollec all the conversation: gave
him the papers, and asked him TO examine them tho
roughly and arrange for the discount at early day he
said the company having great many
losses, and could not discount the loss; | saw
Mr.. Jones two three days before he died;
told him unless the company paid should have TO stop
payment he asked up stairs and remained With him
the greater part OF the day told him the compa ~ were
tynug with me, and that would not leave until knew
what they going TO do left without settlement,
and TOOK the papers TO the office Of Mr. Donohue partner
u exJuige Dean).
Proof q the of the Victory then pu, in
exception and Mr. Dean read the deposition OF Capt Ma
son, taken Marsh 8 1856.
Nicholas lawson, shpwrght, deposed that he was in.
s.ructed by Mr. oaks,ni.h 10 cxane the Victory in De
-embcr 1854 which then lay of the Battery; found
OF Der spars gone, and that she eaky; told Oak
smith she must 60 to the dock he introduced me to Capt
Mason, who act with (Wtness then described
that the vessel was put on the dock and repaired eted
and znced)
annined points the of the cargo,
the vessels capaby and as to whether any of the car
70 was removed before she left this port There
great deal Of conflicting testimony.
TESTIMONY DOMINGO GoIcouRA
Domingo de Gocouris being sworn and being foreign
informed by the Court that he not bound to
any question that would crlnnate himself He
then examined by Mr. Lord for the defence and dc
posed II knew the bark Victory chartered her through
Hitchcock Co; have the charter party in my pocket
(roiuces II dated June IS 1854 and made through Oak
smith Hitchcock Co know OF .oois shipped on board
board the Victory: Hitchcock Co furnished me with list
OF goods shipped have not that list have full invoice
of The cargo hut not u court Hitchcock Co were NOT
Interested IN the vessel except agents having
furnished me with the good, which paid for before the
vessel sailed.
A aha o
tObJec:ed 20. Objection oyerrued) ~ IL was made
ny account; made payments 10 Hitchcock Co. Oak
smith had no interest IN her cargo; never transferred
my interest TO MIN; the cargo was not put IN oaksmiths
my knowledge; the cargo consisted Of arms
muri''on provisions, clothing anu one hundred and hfy
tons q coal; # intended 70 employ the brig Abrasa
before the charter or the vcty; she was not used;
PAID $500 to Hitchcock Co; the whole OF the cargo
according 10 my Instructions, was put on board; portion
az the goods kept here there travelling forge In
The cargo; oontrace with Hitchcock Co. 10 furnish it;
that Jorge in the nvoice OF goods shipped by the VIC
tory thnk gave directions the make Of the
usge boxes; they made longer than usual believe
the Victory sailed the 18th 18th July 1854, and
sh. returned the 9Th or 7th Of November; knew Of
ser goDg TO sea the second tmc was before the loss;
know he was gong Thomas, bu. did not know the
-, - Cos, 10 start had various interviews with OAK
smith a, IA. ,,.se. ] first heard Of the loss /
of the Victory by the newspaper; ai'T near
M Of TIC los called upon 0aissm,th Ga !
TIE subject he spoke OF the goods on board he said he
wo replace all the goods on board the Victory ne made
proposition % the charter Of Tue Amelia was 10 oe
continuation OF the Victory charter was % pay 81 500
month fer The use Of the vessel a. long pleased, that
"a not contained u the charter party agreed that
pay al 800 per month aiter the three months u
was viii Hitchcock Co. and oaksinih and was to pay
that or Amelia valuation OF s. 900 or there
afoas Mr. Oaksni,h Afterwards furnished me 18th list
Of goods shipped board the Amelia; he my agent
Shipping the cargo think i "a IN my possession have
Part Of my papers New Orleans and part IN New YORK
found he list Of the Magnolia. have copy OF the two
INVOICES M Oak smith did not tell me OF the insurance
CID Of IT, and gave no directions for the "a
o. or oassmtn any hscrcs Ia tho cargo between tho
shipping Of the urs, aud second cargo Mr. HITCHCOCK s'
employed Oakgmith
q Iiow did the invoice Of the Amelia compare with the
invose u victory (Ohicced 20 and objection sus.
isped) Witness continped-l am certain received an
invoice ~ Che cargo. but DO not kDOv whore "a no~
employed one supercargo q The Nictory there was
no supsroargo Of the Amelia ihere were
they purchased Of George II penhed, purchased
1000 81 them; believe did reject some OF then % &c
count o. their being Maynard primers cannot tel now
many reCctcd-abous 200 or 700, rejected an Of May
nard primer shsrps rides weTo q be eiyen exchange
kr tho-e: reserved something Ike zoo for myself aud
200 were slapped by the victory did, croitor sgn
Oassniths petition 10 Ice discharged under tue ~" tfds
act al tss time can't say how much owed at the
time Il ta arst sailing of tho Victory did not OAK
smith here the arst time the Victory sailed DC
bcve vas here when the victory sailed nave no
knowledge q the purchasing Of any goods shipped by the
Amelia Mr. 0aksmiih told me that he replaced the same
goods that board the victory he did not stat that
H. replaced 10 OF COAL the Nisory being lost
oAdnth sad he would replace the soo1s gave ham 10
sathoriy 70 insure the cargo.
To Tie Court believe by the statement n Oaksmith
a, be would replace the goods that the goods all
pc~ New York, depending the lawsuit some Of the
goods u the store az Sh.ers ser.
Mr. Lord produces evidence alAaayt Of Dir. DeGocu
ra. dated Feb, 10. 1857, which lac reads.
wuneSs-The sz5 coo stated IN that takes me by sur.
y~sei, Mr.. oassmah certainly does not owe me over
$500 DID not read IT, and signed to acqua him lac
did Dot owe o., 500
Cruss examined by ep Judge ncsn--Mr. Oaksmh and
myself have law suits (AfiiayA shown and rocog
Lsed and The amount as ,00c written thercin) The ar
haayt brought 10 me filed up The petition haNe
before not aware that Owed hin sA9vvO,
though heard that Oaksmth made statements outs y,
bu put confidence IN them my signature = W We
petition FIRST became acquainted with oassmh al The
time Of the charterng Of the Victory wa introduced 70
Inn by Hitchcock at that time made the contract my
eef object 10 answer II any other persons con
nsrtrd "a paid for all the cargo myself did not
sand ~ the desk 81 Mr. Hitchcock when the b OF SAFE
drawn ~ by MI Hawkes. duplicate bills were maize
CIT " Sir 0aksmth the cargo by the victory di not IN
tlude all 0Oa II purchased some sl100J0 70 SlsOOVO
49, - - L. ..r-