New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-21

SUPERIOR COURT-TRIAL TERs-FEB. 2o.-Befor
Justice WOoDRUPY
NE DAILY hEW5 CONTROVERSY.
Edward II. Maxwell agt. Benjamin Wood.

Edward II. Maxwell agt- Benjamin Wood
This caufe was the day.caleadais Of last week,
and was reseryrd time TO time reached waiting the re-
coJery defendant wh said to De lying sick at the
metropolitan Hotel II also on the calendar OF yesterday
az the def has sufficiently rez,ned his reath to admit Of
his presence Court His evidence claimed to be inas
q witness CT behalf Of the psn:if . -
1t seems thu, time before November 1857 Mr. Wood
BY purchase the OF one hall OF Inc
Daily and Weekly Seus together with tbs types subs;nPon
@ ss e. % hn s. %ht TO sh:
Of The N' il connection with the present publisher Weare
DsAe PsenS 70 whom then and still belongs the ether half Of
this establishment
The purchase made the date 'hGw Immediately PRIOR
TO the election at which the Hon Fernando Wood fd for
the Msyorsty by the Tamany Hall branch Of the Democracy
and Il 10 said with view to secure the influence The Heps
in support Of his But haw.yer this latter fact may be-
n well known that hs paper did advocate his choice and that
subsequently, at some time he the Hsyor oecaie ana now IS
the defendant. -
These facts aside from the merit. Of the controversy win
dive this unusual interest IN the nind- OF politicians
especially that the history othe paper during
the hsyGIsy ss%p.s oil sI :. S
The action is brought to recover damages az alleged breach
ui the defendant protesting to ac attorney for one Levi,
Davis Ths MT proyd that Davis shall furnish Maxwell
wsss tae u the Of Davis the New
], further sreeo that aaer the moneys advances ~
eres Davis that pepper and cons Grafton Of his .ssu
log ali liabilities tia; might arise ne OF the psP
Maxwell to repay such moneys out Of the proceeds
S sg s !. V 81 b 1885, ssasns us
Davis might collect om any party parties Tor or on acc un
of paper And Il mutually agreed that DAVIS should
have of the editorial OF the PaPer
made by the defendant who sgaed L. Va
via attorney b Wood and the defendant the same
tr In writing underneath ratified and eoahrned the agree
ep bound himself do everything therein as he were
the contracting party And curious fact that he
OF with Mr. Parsons the present paoher OF h
Ketcs precisely the BY B. Wood, who
Signs hin self attorney FOR L. DAVIS
N Is sid that time defendant became Of one
half Of The Neu express condition that on he it
dsy Of Jsrusry le5e he wcud pay William n Acine from
WHOM lac $500 In sssction OF mortgage upon
a poperty the money not paid ~ agreed
the be null and voi5 and the property so con
vey I'd should revert Mr. Mcntire And Is alleged that
satisfied the defend liable TO the
the extent Of ons half OF his interest In
The keps aoo
BY the defendant bound himself advance $500
weekly fr specific time and II lie admitted that during the
Grst two this time the paid but not ser-
wad and the plaintiff claims for what not received, and for
and for which he liable BY reason Of this
b1 zach ofthe contract. go
that .aey aer the execution OF his contrct
Nj Maxwell became the publisher OF The Daily and Weekly
Aes under Of Beramn Wood and continued TO
act as that time the 3D. Of January following Bat
AZ the date last mentioned the Hon Fernando having
tanned defeat the Mayoray the defendant dissolved bis
connection with the paper by posng Of hs interest 70 his
brother tie defeated candidate There being no 10
the transfer Maxwell in consequence deprived OF ns IN
Yesterday application made defendants counsel TO
have the cause until tn, morning that the
condition Of Mr. Woods health mxh be ascersned with
view immediate trial postponemen for the term
Cutler, Tdbs WEIGH for Psnahi James Smith, IT, Tor
n Oant.