New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-09
IN INTERESTING LAWSUIT.
THE WAY THE CANALS WERE MANAGED
BY THE KNOW NOTHINGS.
Frcn. The syroeuie Journal (Se'oord Republican,.

From The Sprocutc Journal fSean0rd Republican,
An interesting case was before the Circuit Court
Monday. II was a suit brought by Myron Bangs a
cala contra tor, against the administrator of The late
Samuel s. Wnalon, Canal Commissioner. The sult
was for money leaned by said Bangs TO Whaion-
81 coo on OF about 4th January 1883 and 81 600 at
about 9Th of June 1855 IL was alleged that Whalon
agreed pay there amounts with interest when called
foraud that neither OF Them have been paid nor any
TART Of them though payn has been frequently de-
manded. The swer VI the defense was Il denial OF
each and every Part Of tie csuses VI action.
Tie Oply witness Tor the plaintiff iii L. Bangs,
brother Of the plaintiff and lie testified that he paid tho
amt units louned 10 Whalun al his brothers. request,
and Two coNerratioLs with Whallon IN reference 10
tie paynent of The several amounts back his brother
He denied that Wbs,lo had any interest III the con-
Tracts held by Myron Bangs. l. n. Mead and himself,
under the FIN Of Myror Bangs d Co., for repairs on
Section t;em Valley Canal, or TOR driving Plleei
that he had never TO bis recollection stated thai hal
Ion he'd interest in either of ttese contracts or that
lie had made 95 coo by the cea h Of Whaon. lie Ter
titled 10 having lie, Whallcn have money for political
pmrroses; sIG0 time, ard $50 al another time.
These We think, are the material points Of the evil
d. nee for the p.iDiiif.
b. Davis Noxon esq, in open ming for the defense;
stated as another ground OF deiense, that the said
San u.l S. WhalloD wac partner in the contract for
rrpairirg section of the Genesee Valley Canal, IN
company with Bangs Co.. aud that the money
receivc0 Aforesaid, al The times aforesaid, was but
hi, share of the profits. The FIST witness for the de-
PENDANT was Theodore d. Barton of Buffalo, who
testified thai in a CONVEX ation with +. i. Bangs at
Albany, about WhsloD's dea'b, Bangs said that W.
death was loss of not less than $50 900 10 MN; that
e had an ayr errent it'll Wha Ion for extraordinary
repairs on tie g. nesee Valley Canal, which W. would
have Q, ecued had he lived lie said Sheriff. bad exc
outed the contract, but il required two commissioners,
and RUggles refused Nlthe-s said ne thoognI the
character OF Bargs be bad, and that he would not
believe ! in under OATH Gideon Seal testified 10
conversation with l.. T. Bangs AT Rochester IN 1898,
in relation TO The pa yment vi money to WhtllCn, IN
which Bangs said " ] have given him = 600 lie
did not tell " at it was for.
HUGH Sever ance testified that when he Resident
Engineer Oh the Gehesee Canal lie had conversation
" ith Bangs 10 who The parties u the contract
for repair on Section that canal, and he said him.
self Wlallon and Isaac Mead This ooveIsatlon TOOK
tlsce about the latter part Of January, 1851, at AL
bany. Bags raid he Was to have third, Whallon q
ilird and Mead third lie stated that he had paid
W. Lis share OF the profits, III conversation III the
Winter of 1853. He also Told at Albany, that the
death Of Whallor saved him 81 coo. went 70 May
willie in conn any with Bangs and on the way he TOOK
a roll Of bulls from his pocket, sa'ing there was
thousand dollars be was gong - give 10 WbalIon ii
lie would sign his draft. On the way back to West
field b. said BE- bad iaid W. the $1,000, and that he
had signed he craft.
On tie crossexauination Of this witness, he testi-
fed f!ni le was uslendcd Resident Engineer on
II ground Il at he had AIKEN bfibe OF 900, the fac
war, he took the money for another man, and IN u
suit for the money, the Jury rendered verdict OF n
cause Of action.
,itied that in June 1853, Bangs said hs father had
hind interest in the contract the canals that be had
- GOO 10 wy my father, and that II was good con
trad ard b, ped him much.
Daniel P. Wood testified that Bangs's character IL
bad. -, ~,
character spoken against. ,,-.-..n,-..,
Tie defenee closed their case, ana piantin couhsei
callaa Thomas O Bsssett and Samuel ID. Luce, who
tttiifed 10 the good character Of Eli I. Bangs.,
Plaintiffs counsel here arked leave TO withdraw Tue
suit, fprte reason rhatihe additional ground o. driense
nentioned in The opening Of the defendaats counsel
was unexpectcd and that they not then prepared
70 Le,. j! N account Ct TIE alseGce ef & Wines.