New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-12
La " LNI,ELLIGENCE.


DAWES.
ALLEGED TExAs LAsD coSSPIRAcrEs CLAIM TO-
THE BROWNSVILLE TowS LAsD--EXsaISATIos OF
A PARTY.
Simon MussiIs and sroher sr Charles stm,n ard Others.
The plaintiff in this case, s. Mussina, is the party
who has perseveringly sought the impeachment of
Judge Watrous, of Texas, for his combination, as
charged with some Of III. defendants herein, in the
celebrated Cavazos case, 10 betay the plaintiffs and
to destroy their rights. This action is against the par
ties to the conspiracy referred to, with the exception
of the Judge who to be proceeded against by the
constitutional process of Impeachment, and is brought
to recover damages for the fud OF the defendants in
divesting plaintiffs of their title to the Brownsville
Texas town lands, and other property, and in at
tempting to destroy the rights of said plaintiffs By
false and fraudulent conveyance of said lands to the
defendants Base and Hurd aud by obtaining a de-
cree in the United District Coor for the District of
Texas in the case of Cavazos and wife against Still
and others, in favor of plaintiffs, by collision and
other fraudulent acts and contrivances.
The defendant, Charles Stillman, who is citizen of
New-York, was served a witness at the plaintiffs
instance under the provisions Of the Code allowing
the examination of party before trial; but, on his
examination he refused to answer numerous ques-
tons, two hundred or thereabouts; and pending the
settlement of these interogatories by the Judge, ne
applied for leave to go Brownsville to attend to his
interests there in the present troubles and excitements
Oh the Texas border. This application, which was
made ON afidavits stating these troubles, &c, were
opposed by plaintiffs, who inerposed long affidavit,
setting out the diligence with which they had prose,
cuted this examination, and the difficulties which had
been encountered in its progress The matter was ar
gued at Chambers by Mr.. Bradley for defendants and
Mr.. Jernegan for plaintiffs, whose part was IN
sisted that the witness should not be allowed to leave
the jurisdiction of the Court until he had answered the
questions to which he had refused to respond, and
which might be considered embracing the most ma
teria part of his examination
Ii appeared from the statements Of counsel that the
deposton 20 far IA it had proceeded, filed in the
Clerks Office about the middle of October last, and
the exceptions to the questions which the witness had
refused to remained undsposed OF until an ap
plication made for the witness to absent himself
until the Spring term OF the Court.
Ii was stated in the plaintiffs affidavit that he had
been anxious and ready TO have these exceptions dis,
posed of, and the examination TO proceed, ana hah
urged the matter both through his counsel ana the at
torney who had conducted the examination for PLAIN
ts On the 9TH inst, order was made Tor the re-
sumption of the examination, and that proceed forth
with; in consequence of which, the plaintiffs counsel
addressed note to defendants attorney, desiring to
proceed nj once, and offering to take the testimony OF
the witness under any circumstances as TO place. honI
of the day. &c. In the note he stated the plalntlis
willingness TO proceed with the examination OF Mr.
Stillman according to the order of the Court, and
authorized MIR. Pollard to act for him in the eXalnna-
ton and in making all the arrangements as 10 time,
ulace and otherwise in relation thereto.
This offer not accepted by the defendants coun-
sell but obtaining this notice, he applied for re-
hearing of the application to postpone the examna,
tion which was set down for Thursday. The counsel
for the defendants insisted that the witness should not
be compelled the nterrOgatOries referred to-
unless they were settled by one by the Court, as
otherw se though the witness might answer subject 10
exceptions, the benefit of which he might nave upon
the trial, he might make exposures which would prove
IN hfa
again insisted that in OF 20 great importance,
involving, conceded, quarter OF million OF
dollars the witness should not be permitted TO depart
from the jurisdiction leaving his examination uhhh-
shed and before the pith Of bis testimony had been
extracted as in OF his DEATH great and rrepari-
bic damage would be inflicted since this witness had
given the information and statements on whlcn inc
answer had been made and verified, and had facts
within hi- knowledge which could be obtained from
no other source Ii also charged that this aFpca
ton 10 postpone proceeded from the unwlingness OF
Stllman TO answer since il stated that the inter-
rogatories objected might be answered and 80 dis
pored Of in the course OF day.
Amer argument, and the reading al aihdavits oceu-
pyng considerable time, the Judge decided in conse-
quence OF the jeopardy OF witness properly IN
Brownsville TO permit him leave the jurisdiction,
under an order susyending the examination until the
first Monday in March and requiring that he attend on
that day.
DIVORCE c,sE-ALIs0SY.
sarah A. Flo.troy ATT Ferdinand EiOstroy
The plaintiff applied for allmony, pending sun iot
divorce from her husband on the gfOuhu oi oiuei
treatment. 1t appeared from the papers mat the
parties were married in this city IN July. ioS'' az
which time the plaintiff was widow possessed OF
house in Tenth street worth s9,VOO, housenoid iurh
ture worth COO and money on deposit to the amount
of SO 800 A few months before the marriage eere-
mony was performed, the defendant and lawyer
entered the plaintiff apartment, and produces
printed paper requesting her TO sign IT, The deienaans
/ represented that the document was INTENDED 70
| protect his property and reserve IT TO her own
use in case of his death. She confused al the une
and signed the paper, hardly knowing what con on,
aimed. Since the marriage the deien1tni ls,eINeu al
| her properly amounting 10 5000 She alleges that
er husband now claims TO hold the properly as MS
wn; that he has treated her in cruel ana innnm'an
manner rendering il unsafe for her TO i've Win nim
hat be l. worth 500 COO whish be - putting Out OF Ills
| hands 10 avoid the payment OF aiinony: :,
The defendant act up that the plaintiff had voluntarily
onvevea the house and lot 70 him, and that she re-
eiyd a greater par of the personal properly oaeAi
hat she was of peevish disposition;
An Injunction having been granted en)oning tns o.
PENDANT from receiving the rents Of the house IN lentn
treet the Cour, appointed Mr. Berhoi az receiver OF
be rents &c. Mr. Stoker for plaintiff W. n STAFFORD
| Before Justice IsszAHAx
pgcIsIoss
Iou;s Fink agt Harry Bsrthon ct al.-Monon
,5 ,,,n.p, OF costs Of term and motion. and upon con
Ssien h.i a. e.xe be referred 10 Wu Kent ESQ., 10 hear
Jacob Go.che ct al. agt- Isaac jacobson e' ai-no-
ton 20 eeutirue iniuncon denisd end temporary isAo1
| Dissolved Cos.s 70 sosds svras.