The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-10-25
Supsx1or CouTf-Chambers.
Before Judge Leonard.

ANOTHER FEATURE OF THE JUDGE VARIOUS IN.
rEAcHMENT CASE.
Ocr M-Jdco5 and Sixon Ausind ". Chas. ,Nillman
ct al-The well known branch Of the Watrous impesch
men case, which proceedings have been taken here
and 70 which previous reference has made in DETAIL
of to day application OF the defendants 10
commissioners 70 examine witnesses; among them
the officers Of Judge watrous' Court Tho plaintiffs
Competent UNDER the pie.anss for the dssndsns to
use the testimony which they seek 70 obtain by thu
commission q the trial The gravameu Of the complaint
In this that by the collision Of the defendants
with Judge watrous through the machinery of his court
the plaintiffs have been Invested Of their tile to the city
OF Benviie Texas for which they AJAX $500 600 damages
The charge in the compliant that the defendants
bDng conspirDg and conederatng TO cheat and deaud
the p.ntins into corrupt and agreement
whereby was stp us,ed 70 declare the title OF stllman
Bden and Ausna illegal and void and after the decree
should be rendered Cavsos and Wife, 70 aid said con-
8 Muspa, out OF their interest la said property,
should convey the property to Basse Hard TO be held
in trust for The Defendants and that Judge Wat
rous was party to this arrangement" On this ISSUE
and in opposition TO the motion Of defendants for
son plaintiff commended that there proper
and snidavits Of merits; that while, In their original
answer, defendants fully deny the above allegation,
sserns ina. they aa not center INTO any corrupt or
they retract this denial and counsel said, confess the
substance Of the charges by saying that they did not
'enter into any srch corrupt and secret agreement
set forth In the complaint" This, plaintiff
and counsel conended, was a full admission OF the
charge, and the rule OF pleading the retrActon
the former denial and the amendnvn ut long de-
liberated and knewn be material and necessary, Ii
must be conceded that there longer issue this
point and the conspiracy charged stands confessed The
plaintiffs further resisted the application on the ground
that II not made In good fat, and that the bona
fdes Of tho defence have been supported by single
affidavit since the defendants compelled 70
the REPUTATION having been made by attorney upon the
personai statements Of Of the defendants without
alleging the statements 70 have been made 70 him; and
further that nearly every allegation Of the thus
made has been disposed by Defendants aiidavi1, and
that OF the thirteen aidavfts Of merit filed 10 the case,
hve which were made before the answer exsct and
uat but the eight since the informal and de-
ectve The defence made no heightened reply and the
Judge held that the testimony sought TO be obtained
by these commissioners for deeodant might be valuable
for ~ in mitigation OF damages, and although pro-
per affidavit OF merit had not been made yet the ques
ou Of damages alone could be made in any case he
should direct the commission " ssue but should make
the order to permit the plaintiffs to put their
the January calendar and limit the stay Of proceedings TO
The lat OF February.