New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-30

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deslr 3. With me, and informed them tia. had sold
ibe Ocean Bird and demanded their s,c7unt ssanss
me- in order that might pas them, and perfect q q
! ,ale Of the Ocssp Bird TO NJ GaGgropies who With
bis sPspish captain and offieers sd accompanied me
10 -Yoik solely for hs. purpose and aai made the
Leo ssay arrangements through the house Of Dancan,
Sherman & Co. snd other bankers 20 pay for hsr.
Aftfr which paid every bill that had been incurred
except snail t 10 G. R. PoicnI and .n.
sum OF wages sbich was paid b. Meyer S;acken as
pr ny written order 70 tie ship keeprs o. TIE Gee IN
Bird, for services on board Of tnat vessel while ws
absent VII CD sun ,sld psIt o. and out OF Tie
sfores I'D han, snd charged by hen 10 oinsy,
inch ding the slip keeFer wages TO the 2lth ofMNch,
and $500 to LyUsn Candee arc nut OF wIariAge o.
said ship Ocean Bird. From the date OF my arrival in
Nep-YCIk from Havana 18th March | made many
spt lchtions 20 Meyer Srucs en- for their secount
agsnrt me- but hey by vsrio0s srices snd pre'eNrs,
Continued 10 delay and pat ne off from time 10 time
until the latter pant OF sad month then hey furnished
NE ar account charging me with my drafts without
any other EXPLANATION than as ioloHs. To sit:
To 5r.f # Ca7t. Observation-Disclosures 81 700
To dIsit Of Cspt Gsh sm...... .''......'''" SEQ
10 dIGii Of Capt G!than..... .............. $40
And so On until they srelled the account - a very
much larger sum than bad drawn for. In said a.
count am also charged with premium OF Insurance
on The Ocean Bird, 1bue yng IN New loTk, snG Ga
the ST LavreI &c from New 70 TO Havana, amount
jr 70 yearly s. GG0 whereas in reality, oDly ab'It
s5IsO had actually been incurred for insurance Thls
charge oYetber With other charges of interest CON-
ms.ion ard swyers' fees, in addition to the bonus
Of Sj 600 already referred to. made an aggregate go
far above Sbat believed to be my real indebtedness
10 them that demanded to The vouchers for the
bills 90 cberged-vouchers they could not produce.
Nevertheless they insisted that the scc0uut rendered
Vss correct, sDd ihst il must be paid. then offered
10 cav tn m The full amount tha''hey bad advanced me
a. per nv account aud herewith give them bonds fo-
try additional sums they might after yard prove that
owed then or that they had become liable for on my
account. Ny offer they rectd AID refused 70 recon
~ III Nta. fall
sum charged in their account. l. fodiDg it impossible
20 settle with them, without submitting 70 such Al
imposition, fled bul in th7 Superior Court,
for the purpoie Of compelling them to Teconvey the
Meyer & stucken answered my bill under oath, that
no osu wss made nor intended TO be- that the steamers
were sold by me- snd purchased by them, at their full
value without qualification in fact or intent.
A preliminary argument. L 1on the Comp amt and
Answer made about the first OF april last before
Judge Boswortb VITO gave his opinion that the Court
should not interfere because Meyer Stucken aver
,bet In truth and in fact they actIa and bona
fde purchasers at The full and ar price OF the vessels
but if the ran'a action shs he adjudged to be loan,
ss the plaintiff alleges, and Meyer StuckeB 10 the
mean time shall have disposed Of the steamers, they
will Re as much liable to pay their full value as an
&C ual purchaser TIL Gaze was then get down for ra
at spt cial term Of the Superior Court.
After which St1cken and his counsel, lhaddeus IL.
lane made affidavit that they could not safely proceed
to trial without the testimony Of their scent F. Basng,
a resident OF IavaDs, ard prayed the Court 70 e ant
th' st-y of proceedings, and perm ssion 70 send
a commission to Havana, TO take Bnsiogs testimony.
opposed them on the grouUd that they could prove
nothing in Havana relative 10 This Transaction, a. 1t
commeuced and ended in New 70 k, and that Il was
de.y only that they wanted but they contendet that
il not delay that they required bu. on the con-
trary that thew were ANXIOUS 10 10 trial as 5000 az
they could get their agents testimony. Judge Dner
remarked that you'd he to force the defendants
10 trial in The face Of fucb aft tavs al granted them
thhty DAYS TO send their commission 10 Hivans and
ordered that all proceedings ON my psr unt tho return
Of said conmssioD be stayed. Now, mark Their course
The thirty days expired, and no commission was ever
rent out by them to Havana. Thep Stucken appeared
before the Court with fdav i setting forth that ha was
Consu' for the Kingdom Of Hanover and cl aim
ed bis nmUDities as such; upon which Judge Oakley
granted an order for me TO show cause why S'ucken
sbt uld not be discharged. &c. After al this delay
forced to drop the suit in the State Court IN eone-
quence If Stucken claiming his consular privilege,
a. commerce anew in the United States Circuit
Court This ssbterfuge To gain time and de'eN the
ends of Dstice will dOubtess eventually tell against
them) Up 10 the 18th day OF April, bad undI'putsd
possession Of the Ocesn Bird on that day, Meyer q
STUCK en-, with their agents, Thsddeus b. Line, ana
Others and rome OF the United States Depuy Malshals
who claimed 70 have legal pro ess issued oy Judge
Bei, against my property, forcby took possession OF
the Ocean Bird during my absence, put my servants
on shore and placed men in their employment ca
boaid The particulars of which will appear at the pro-
per time suice il for the pre- SEM 10 say that Meyer
l. Sucken sold tho three steamships, worth over
$500 coo 10 GsDgr nice and associates, OF Hayans tue
$3.50 600 az before ststeo and the whole OF the pro-
GEE q, are now in their hands and claimed by the as
their own.
In answer tony bill of complaint, filed in the United
State, Circut Court Stucken demuued thereto under
affidavit that the demurrer not inter oosed for de-
lay but that the same is put in good faith This de-
muTrer of Stucs ems under osth Is on par win nus
affidavit in the Superor Court, 10 wit that he could
not 90 safely trial until be go bis agents estm ony
from Havana, and then interpreting his plea OF be ng
Consul. In this case, have fear OF the hni result
but or Meyer is ,broad, know not when TO return,
and as Stucken claims bis immunity as Consul, mast
contts that have great fear that be may become the
travelling companion in foreign psrel OF his partner
Never before csn get in consequence Of his various
d.nur1ers verdict on the merits of the case, unless
the c. urt Is have pray I'd it soad restraints him from
departing out of s jurisdiction until the csse Is d.
posed of. JOHN GRAHAM.
Ner- York January p, 1857
P.S-When a nation violates its treaty .tpulatons
AID refuses to ackn )wiedge the responsibilities witch
public law imposes the outras ed party II able iuyar-
ably psnirh the offenders, and publ; opinion justices