New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-18

A.i,n, United states IA opposition the
Comuis.iouer dezied tie m0ii0a Th prisoners we're tn
SUPREME coURT-cHAxBxxs.-Nov. i7.-BefOFe Justice
DAVIS
rEr wsrEoUs TRAUDS-rHE BROWNSVILLE TOWN.
LANDS IN DISPUTE.
s MussirA and snoFters John c wstroos sna Otbers
The defendant, IN this action Is United States OiSrc.
Jude FOR the Dc, OF Texas against whom procrc nSs
impeachment for msiee-anee eotrspton and Goa.
y ~, b ana fraud Of wssroas IN conspiFis With
the other defendants among them Shses sman ars,1enI
ends the rights the plaintiffs in the noted Cavaro case whh
adudcaied and decided IN Judge Wstroass Court and
which involved the title Of the nAnds OF e.s
aud with respect which investigating Committee OF Con
and mois'y Of another ErPSssed nc judge 20 o. sa
CT sh crimes and misdemesnoA The house Of hspeseha
tives however fsiled 10 mpesch.
sa nl,is against tn defendants therein other than JAd-e
Wsoa for the sc generally OF ifaud aud eonspIsey
cases under examination wi'ne when he pped Tor
the leave Of the Count TO TO brownsville m leAA Shers ne
alleged property eccount OF the ilrss
the Mexican bandit; Conas Judge Davies granted en me
- s,s las, ees The witness served with order
attend and be examined in the Watrons case whsa he aan
urged the necessity his in brownsville Texas
sud applied b. relieved from the examination until next
h application was contested by exJudee Edroonds the
pert the plaintiffs who urged the Importance OF keeping the
Snrur nom H. The esse was slightly heard Wednesday
when alleged the part Of the plaintiffs hss the canses
that goods in jeopardy ia Brownsville and on the way
there the OF o, false aud was proposed
10 establish their asity BY the Introduction Of adsvtts OF per
who had heard statements rom stman contrary 10
those contained in his affidavit "
After rearing desultoy argument OF the motion Judge
Davies remarked that be had not any authority or power 10
ia5se Fdmond. then remarked that If
pending the Judge end be should make an Appca
and upon ing he intended to leave the state tomorrow
intended in the meantime 70 seerei hine IN ths STATE
New Jerrpy until he south he Ednonds could MAKE al
application 10 compel him 10 be In attendance.
that the eysmusiion .hoas Be postponed until Spring
he wss no, prepared TO go on with T. s,,,, :, Ar h
referred TO- applied thai the examination q the witnesses
should until the spring He said that the
those hich forth las, week the OF Mr. still
only that the grounds then grsca haa Seoos s .e
Their show ed that Mr. Stlman had stock OF SoVV
rsysd ths he had also shipped $4,000 goods which
the wsy and unless he len BY the earliest convey
intercept the vessel they would be liable to be seized
Judge ESmonds remarked that from the statements which
a. f he soad s s se s which had been introduced
which StHa claimed the necessity ofhis going away were
The Court decided that time should be allowed for the Peps
| ton Of sfhdayits on the PLAINTIFF side -
Mr. Clark aked that order Of Court should ne enee o
bidding the publication Of Mr. Sman testimony before tine
The Judge intimated that he would consider oft.
The resumed aler the posiPonenens to put In atm
ays when Judge Edmonds said that the made
g.Rene M S%sn natl bS ~s nssp s SenssD
and then being examined and on rsusday a hs app
could get through the examination IN day. thai the witness
had answered s the questions except two hundred and ha
the case would be closed days. had been epresened
the Judge that M stinsn was exceedingly 20 leave
OF goods in store st brownsville which We're liable 10 oe Se
Il necessary intercept them before they could get there
upon these representations thai me order was granted
New Orleans had sailed without Mr. stlnan, Not only that
plaintiffs found that the worth Of goods IN brownsyie
upon inquiry that the $4,000 worth Of goods
lie port and at the dock and he would show
he
stated by him Now under these circumstances on
pSTiy Who testified 70 Mr. snsn, declaration. effect
but that this morning the party withdrew tsst affidavit saying
The affidavit Of plaintiff Mussina then read stating
sSsi s s nrop@y & hat ccnSs was friend Of BIZ
he had for his property 80 As 70 the
that had found dsenl inquiry that the schooner Caeins
which he'd been loaded Oy s,msn with goods: was still lying at
Ae thereadng Of the affidavit and some argument thereon
Judge Davies said that he had further order make In the
case he would decline doing Mr. smsn chose to attend
aud the examination he might do not end he left
the iu.diction he would ba liable returning such
As The Court might choose to nict and eonsd
Grafton oil the questions made this motion might properly
Judge Edmonds then offered to proceed with Mr. stImans
examination at the table az the opposite end Of the room
animation Mr. ;en lett the roon and the exam
I nation did not proceed
Absorbing DEBTOR.
WmM C. C. Keller and six others ast. T. C. Bloxhsm
In this case it appeared that the defendant kept
dry goods in Brooklyn On Friday night last his store gas
IN OF goods which he had purchased thirty days credit
before dsybrssk Saturday the goods all removed and
the defendant end his family on TO parts unsnow e credit
ant Sheriff recovered abour 5000 Of the property Ia
Ca hArine street. this city A. j. Dtsnhoeef ssior
ney for creditors.
Robert TAYLOR agt. Arnold Woodward et el.-Order
Camille c. Ronmage agt. Margaret Murphy, &C.
Judgment order granted.
Robert McButt agt. Jordan {. Colt ct al.-Order
Aaron II. Bean agt. John Riordin.-Motion to va
cate order ofarTest denied with so costs;
Peter Morrison agt. the New-f0rk and New-hayen
Railroad Co-Moon for tal granted payment Of costs
ormer trial and all subsequent costs thereto and costs OF this
Henry Chamberlin agt Theodore w. Bayard.-Or-
der granted.
John J. Drake ct al. agt. Ezekiel s. smlth.-Order
for commission granted.
Isidore Abrahams agt. LOOMS Mitchell ct al.-The
weigh, strongly agans, the defendant The only
sy Of reeonenz testimony with the truth BY upposng
abe Is mistaken a to the DAT. Motion denied, 90 a..
Jas. h. WIson agt. Ann stnker-houoh 10 ois-
solve injunction denied costs to abide event.
SPECIAL TKEx-Belore Justice SUTHERLAND.
OPINION.
oe;avia BOycer By her neg. friend Se ag The City OF St.
SUTHERLAND. J.-This is an action for partition of
sB sf s2gsy The e Sy oa q me s
Missouri died. seized leaving him surviving as his only hes a.
Since hi. desh one ofbe bias died leaving husband
t. a 10 III .ios other ,an the City of st. Louis are
the four surviving and their husbands aud the surviving
The City fist Louis il made party defendant ~ claiming
oe Undivided third the real property soash 70 De par
tonsd under alleged ast wll and testament Of the sad
Bryan Mulsmphy. -, =
ihe City Of 81 Louis in her answer sets up such as~1 and
Testament and devise and Deqsest 70 her ~ H. OF one un
yided third Of the tsss.ors property real and PERSONAL
copy Of Instrument Ia writing pgrpoitng 70 oe suen
s.tu and produced the hearing and adj
it:ed y parties the viii Of the said Bryan rrerec 20
m he him executed In such form o. lev" a. 20
.ub,crns PubhnE md a;te:sto9 a. wss sufficient 70 de-
IN this state aud that be WAS IN "a" coptrns
deyise and b. stipulation between the parties 'aen copy ~
read IN syit- ncs in the place Of the on Kinsl
the win the testzfor leaves to the Cry o. ~ LOUIS one
equi aHd ded third OF his property real