New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-07

respectfully sAoweth 10 ms nohsarse oosi' s1s, seS
dsl,pSsnt aepiss having called 90 Edward Il. Mar
We q having proposed 70 him any adventure. as a.
Hsed n complaint; or having red him any induce
nspts to Join therein; or slocihg him 4 letter, or
Dapsr bH Of sale; or making the rpresn az
alleged in he SAID complaint; that the sid Edward
4. kaNine was induced TO enter into any negotiations
b. this defendant, as in said complaint alleged; or
sSat this defendant proposed to sad Mdrsine 10 pur.
chase any part of the bark John w. Cater; or offered
any indu sements TO the said Marvine 70 make such
purchase or that the defendant made the representa-
mems in the said complaint set forth, "a ysgasd 20 ne
sge qualify or ralae, or cost 81 the said oarx max nc
skowtd aHy bin Of sale thereof; or a. 20 NE age or
value that he had any knowledge as 70 whether laid
Narvine was ignorant TO the value of ships or
stherwse and he saith that the whole Of said allega-
That subsequently, defendant showed to the said
Marvne printed copy Of a letter purportins TO be
from Thomas o. Larkin, the Rev. DIR. Cotton, ADD
others, and which had been cut out OF newspapers
published in the City of New-York; and this de-
fendant saith, that this r0s hs only letter. or papcr,
xurporting TO be from said Lorkin, that he a. any
sine showed 10 the said Marine and that neither at
the time Of showing 1t, nor a. any OTTER ume' dd ne
make any representations to the authenticity OF the
said printed copy Of the written paper referred TO
in SAID complaint and that the statements Of the plain
tTs in the said complaint in relation thereto, are ut
"'And this defendant denies that he exhibited any
ku Of sale made the representations asserted IN TIE
said complaint regard Of The said bark or that this
defendant raudulenty obtained any property from the
wise, any or greater value fer the said bark than was
fairly agreed between them, and more than, under all
the circumstances, she was fairly ~orth."
The suit was commenced in January, 1850. BY
an order Of Court, made on the 18th day OF
November, 1851, the case referred to VIM. NJ
Evsrs John Cochrane and Henry Hilton Of the City
Of New-York, counselors.a t-law, referees mutually
elected by the parties who proceeded accordingly to
hear the testimony in the case.
The fact that Wood produced to Marvine and Others
a. the basis Of the adventure letter signed Thomas
o. Lnkin, incloriDg list Of goods, and that Wood
pretended that the letter came from q Government
officer in California who had procured Misplace through
Woods influence at Washington, was proved by the
testimony Of Henry A. Smyh, Of Charles Part
ridge and BENJAMIN II. Folger; while Thomas o.
Larkin late United States agent at Monterey being
himself produced . witness, swore that in 1913
the date Of the pretended letter. he did not knO~
Fernando Wood, under obligations to HIM,
and ,Sr0te him any letter. nor sent him any h1
Of articles proper for shipment 10 Cott0rn'a and
that there was no other Government officer or other
person of the name Of Thomas o. Lsrkin n California.
This witness also ehectuay disposed of an attempt
set up on Woods behalf to escape the charge of
Forgery by the suggestion that the letter produced by
Wood was written by one Thomas Larkins, whose
death mentioned in California paper. Bat
Thomas o. Lsrkin swore that he knew this Larkins;
that he came from the East Indies in lS49 and that
previous to that time he not in California and of
course he could not have written letter dated July,
IS4s The facts respecting this Thomas Larkins
were also sworn to by Samuel Brannon.
With respect to the bark John w. Cater, it was
proved by John Boyingon that he sold that vessel to
Fernando Wood for $4,000 (which was proved by
several other witnesses to be fully I'LL she WORTH,
and that he gave bill of sale of her in which
the consideration set down $l2 OOO-the amount
contained in the bill Of sale exhibited by Wood to
Narvins, and which Wood pretended he had paid for
her, and which bill of sale it proved by the testi
mopy Of benjamin. II. Foiger that Wood exhibited TO
Hsrvine.
With respect to the cargo put on board the bark,
Mr.. Dix the son of John A. Dix, who was in Mr..
Woods employ at the time, swears that Mr.. Wood
wrote the heading of the invoice, and then handed
him. the Witness the heading and all the bills, books,
and papers, which enabled him to make out the in
voice The invoice was made out by the witness
from these bills and vouchers, and it amounted to
$25 1888 49, as stated in Woods letter to Marvne at
the time.
OF this amount Wood purchased the following bills
and Marvne all the rest