New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-20
LAW IN7ELLIGENCE.
TIE .1JrcFD RAILROAD FR,r,DS

THE ALLEGED RAlLRO AID FRAUDS.
TIE examiDston OF the charges pending sgass
Henry Dwight IT., was resumed yeserday before
Ju6ee Russell sitting ass magistrate. The tollJ~laS
additional testimony ws elected:
Frederick A. Emgh. sworn, and examined by NJ
due al the p.pen fud hie n toe suit Of Brown
DIV si 1s hT', psetsrr o. .pei, va. ,niorsd tn al.
da,it sad rsper, order here to Jan u iS5' ae'e A.
Mr.. Hal offered to read the affidavit of Mr. John
T. -. or, ed 10 by Mr. Stoushton bot - 4. ,i,ni,t-d
Tss .e.yt ,.d in that the L.. January he
directed hi. clerk post ts. an as, n the ' to Mr. TonpsR
M, Dvi,bt md hi. w.t. with vince signatures h.
qusned and ths; the said answer Pod b, bis clerk Mr.
Co...,sined By Mr. soushtOu have ben mp,oyed four
n ,ss p.p-r. could find in the Office psrtsi5ni to the
60 81 Blown e, 4 sst Dwight al in this civ
8snI the se Co@ny te n. ps Soa.h. wen.
erssd BY witness w requested TO search for the pa
Ion With him delivered the- papers to Mr. Hall on my
arrival morning. he did not retain their possession ba from
fvs ~ ,,p ulputes In package Mr. To
Ip Ina. BE- Ce.s Dutches, County Tor i've January
.'.a assp a the here
The the cert ice Of M Tonptin. thu, the
if vs.. led in the eBcs Of the Clerk did
.nsv.r referred this csiha; aud don't recoect
Joaeph 7. Mills sworn and examined by Mr. Hall
.m law and have been comm'OneI of ds.d..
Henry Dwight; he is now present witne.: identified NJ
D-istl know Mr. John Baker, !.colsct Of being called
purpose Of administering al oath called and there Mr..
pav sdnpi:tersd oath Mr. Dwsh, and think his
wifi also; Mr. Baker the Attorney think 81 know about
DOR Of Mr. Dwigh saying ythns wis, paper was
csed seveIsl times, I'd or that or some other oceason
~. he VS. heavily litigation cannot ecolec how many
iiae Lave sworn Mr. Dwight aud his wife papers but
he .oie Bible should think tina, these occasions
my calling were within period Of six mouths he never At,
Nj and MIS- Dwight 10 paper during the Winter
Crs. Examined by Mr. stoushtOn think the occasion refer
IN nov must been about the early Of January 1857
Cla.kson n. Potter. sworn, and examined by Mr..
usi Az counselor at law know Mr. Henry D-isht
pre,ent know the suit Of Brown ct al sst Dwight ct al in
ne with me the package OF papers my
onps 70 that seton the original complaint has been filed
nr iMr Hal remarked that the
6 Ny recollection is thst there WAS no copy OF the answer
served with the morning pspe's received TINS psper on the
afternoon Of January l5s Ieie1sto c2ple, OF ae morning
their obtaining assignment OF the Lease OF the Coaso
ard Alton Rarosd to Hamilton Spencer but cannot state from
recollection the date when that assignment was obtained but
eld by reference to pagers a. now recoAec was ABOUT
Brown Bros generally since January. 1885, received another
copy what pupoed be- the answer q Dwight sad wife in
the case OF Brown a. sgt Dwight ct a. wss received Janu
uy ~ last declined to sccePt it produce It here when it
either retained returned IT, aud It was again
returned VS. notice ths would not accept the
words and figures Received January ~ 1855 endor-d in Tie
copy the hsndw rng OF brother Robert H.
Potter found the snswer lyiD, my desk morning in
January and stated 20 have been just served my a.
tenton the called by Of se date to the urs
in tie copy which mouth Of tue year before
Immediately caused be sen, that We could not accept
IT, Mr. Hsmtons clerk returned Immediately sterwrd aud
said It had been received that day do not rGoec that h'
occurred the 10Th the mouth only ecolec the mouth
it served sitter changed my office, which took place IL
November last.
q LSoi carefully at the copy and you disc signs
Of made therein any scratching OF tue paper unde
8 part OF said documsnt - -
A. Thee signs Of sfTatchins but the h9rc in 1859
after the Mr. for commission settled
which vas until December 30, 1857 Proceedings
in the m ab' the time The d, cson In the. mo
tons argued in January 1851 until December 80 1851 ex
Brown Bros Co before executed TO SPn
Gers DO call sle.e however was agreement be-
son q that read submitted TO for ciion aud
piovs before executed exsmued ssr 18th. time
all aud did suggest certain chses in the DRAFT submitted
mainly as reconect consisting Of additions 20 toe drs
%y sVp l e %h 9s h Sa
pressing the Arrangement it met with entire approval
and submitted complete aud the morning. s1g
the changes referred to- those changes adopted
and s'G9f
an IT. in correct ps[sseoo Sy way &
bad not Aforesaid the second instrument think
tbns that both bore the DAT; AID b,h
conveyed to the browns By the zane the plural
,eoord my recollection s about October 1855 ana this
s S % wa. infed BY Sir Stewart Btcwa and hap. 81
Jsm. Blown that ese arTsnsemen for running tn roa
by Mr. Dodge; was desired Il my approval in
FORM and to usgest anything that ocured to me IL that respect
for tie Of cleu Brown Brothers Co think
DO assignment; made of this agreement to Brown
Brothers Co. until November following; | think
the assignment when he lease executed Mr. Spencer
Immediately my recollection il that al Assignment
of the .e to Brown Br Their. gssested as ,seaty to them
uchps this transaction which provided among other things
meuiorsrdum Mr. Spencer signed before he left the
assignment assignments were subsequently, forwarded to
H. the copy produced by since ts service
upon brother has been M my odce except Ct 'qfh tine
lard edstey after i was served was returned shortly
alter M Sougtton said he had doubt that Mr. Cleveland
ID haze he an
To Mr. Hall. inst saw TIE ease 70 spencer in DRAFT thns
stoons from my client. the morning Of THAI day aud the
draft submitted 70 the same day thuk recollection
!. quite dear TO it, bling the 3th my books wi" show
there differences between the two copies sn"er which will
John Baker ewOre II lative 10 certain papers pro.
duced and rdorsed with his The morning papers marked
C. PepGed Under Nj stoughtons direction he 's was never
before bis Office though he had probably before the
d Il. eek ext Ct tb., tin e. Mf fwyfoTd
The examination was adjourned to Wednesday next,
q, 10 O'Clock ..
SUPREME CoURT-cnNsrns-M.r is-Bef,re Judge
NGRAHsH
Daley B. Fuller sgt. J. W. Allen aud others
The plaintiff seeks to restrain the defendants from
ying warrant to collect personal tax from property IN his
P,se'.ion and which he claims to belong to him
Nal sesmlp Company for the years aud 1851
issued the "a day of February 1859 BY the Receiver
Of Taxes Hlye who made levy the steamer At
c. On the 18th January Previously the Sheriff mad levied
execution assnst the Company the same steamship nd
pls,ntii. ''''
Now sndipg such sale the officer still claims rsh, 20
proceed the vessel the collection OF the tax and threat
tn. 10 remove therefrom sufficient to ,a.sfy the same
There points Necessary be settled IN order properly
to dispose Of the
The sale by the sboiia the plaintiff related back
the date Of the levy 20 the plaintiff all the title 70
the property which the Sheriff obtained the day 10 made the
eyy on the vessel see Butter and Others va Maynard .nd
Others II Wend a where was held that under the Revised
Statute; levy personal property defesed sabseaisot pl
cha though hte and valuable consideration See also
biidseye va Ray; HILL 1872
Second Taxes upon not len upon any
specific property prevent sale 20 bona hde purchaser
until levy actually made for the collection OF 'fn ax ana
bsn the en eI's ouy upon the property levied on 'fre''a