Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-05-09
The Watrous Frauds-Han n Million In
volyed
From the New York Tribune


yolved.
lFrOm the New York Tribunel
SNpTsns Court My 2-B Before Justice
Mullin- Simon and Jacob Mussins agt. Chss.
Shliman ct al. ThiSis a suit to recpver back
a large amount of property in the town Of
brownsville, Tex, alleged to have been OBJ
tanned from plaintiff through a conspiracy be-
tween Judge Watrous, of the U. s. District
Court of Texas, and the defendant Stillman.
An order was made few months ago for the
examination Of the defendant Stillman, but be-
fore the examination was finished the defend
ant obtained postpOnement until the 5th Of
March last, to enable him to 60 to Texas and
attend to his business. Not appearing on the
5th of March, notice of motion to strike out his
answer was served by the plaintiff. On Mon
day the motion was argued.
Mr.. Gardner, on behalf Of the plaintiff, made
motion TO strike out the answer of Mr. Still
man, under section 594 of the Code, for his non-
appearance IN Court as witness, in accordance
with an order produced by himself to the effect
that the further hearing of the case should be
postponed from Nov 8, 1859, to March ), 1860
Dir. Clark, for the defendant, in order to
show why Mr.. SGllman did not appear, stated
the circumstances under which Mr.. Stilman
had left Mr.. Stillman having gone to Texas,
an appeal from the order adiOurning the case
II March was taken to the General Term
The appeal was still pending and undetermined.
In the mean time, the defendants afidavits
show that he is confined by his business in
Brownsville, Texas. He has a large CONNER
clai house there, in which there is about $50 900
worth Of merchandise, and there is some so 600
worth more on the way. He had afidayits
showing that since that time $500 900 had been
sent by him to Brownsville. In addition to
this he had two ranches stocked with cattle,
requiring his attention. The report was that
COrtinas had during the greater part Of the
winter been on the American side of the, Rio
Grsnde, besieging Brownsville, and had taken
possession of Mr.. Stillman's store His partner
there died short time ago, and he had no
other person whom he could leave in charge of
his business. Counsel fully expected that Mr.
Stillmsn would be here, as be had written to
him to return.
Ex-Judge Edmonds, for the plaintiffs, stated
that the evidence Of Tho defendant was relied
upon to make out the plaintiffs case. suit
had been brought by this plaintiff against
Judge Watrous and Stillman for a conspiracy
In attempting to defraud him out of his prop
erty in Brownsville. Mr.. Stillman was found
here, and he was examined as a witness, as
substitute for various commissions to be issued
to Mexico and Texas to prove it. The exami-
nation proceeded until the counsel asked for
this postpOnement until spring This was re-
sisted by the plaintiff, but the Justice decided
TO adjourn the case An appeal was taken
from that order, but it was not possible to have
II heard, and the plaintiff waited until the 5th
OF March. Now IL Is the lSt OF May. He did
not appear on the 5th of March, and notice Of
this motion was then given. 1t was uncertain
whether Mr.. Stillman would ever come back.
The papers in the case showed that il was not
his intention to return After the decision ad-
J)urning the case to March, Mr.. Stilman was
again summoned as a witness, to be examined
In suit which the plaintiff had brought
against Judge Watrous. He obeyed the sum
mons, but, under the advice Of his counsel re-
fused to be examined, and left the eOurt-room.
An attachment was obtained against him, and
put into the hands of the Sheriff. but he had
gone. Counsel therefore asked that defend
ants answer be stricken out. He knew the
remedy was severe, but when the answer
shoEid be stricken out, the plaintiff could re-
cover half a million dollars of which he had
been defrauded.
The plaintiffs sought 30 prove by Mr.. Still
man that they had been defrauded Of half a
million Of dollars. The greater part Of plain
tifs' case had been established by the exami-
nation Of Mr.. Stillman that had already taken
place. If the examination could be completed
and the additional facts proved and the residue
of the questions answered. plaintiffs supposed
they could make out their entire case. The
Judge would therefore see the temptation for
Nr- Stillman to keep out Of the way of the
CURT
Judge MuIlin decided that assuming Mr..
Stillman to be acting in good faith, and to give
him an opportunity to appear, he would extend
the time TO the 10Th Of June, and then, unless
he appeared and submitted to an examination,
his answer would be stricken out without
prejudice to the rights Of defendant to have an
extension Of time on good cause shown, in case
he did not appear.