New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-09-06
FERNANDO WOOD CONVICTED.

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FERNANDO WOOD CONVICTED.
The celebrated case Of Marvine against Wood.
or rather, rs it stands on the record, OF
Blxby against Wood, has at lesgth reached
a fna decision. The Court Of Appeals
of the State Of New-York has Sustained
the decisions below, and thus rendered
Judgment in favor of Marvine As THE closes
the case forever, let us look at the past q
moment, aud see who the parties and what the
acts are. Mr. Edward T.. Maryine is an old
and highly respected merchant, formerly OF
tbs city, but how residing at Aubura. n. "
q gentleman Of wealth AID without stain
upon his good name. He assigned his clam
against Wood to sheldon Il Co., Of which
house Mr.. Bixby is the ouly surviving partner.
The case, therefore, has been carried on IN
his name, and but few persons knew that this
case, though decided more thsn four months
sao, vas The old case of Msrsine against Wood.
Several unsuccessful attempts have been made
10 get the decision Of the Court Of Appeals,
and have only finally succeeded through the
persistent efforts OF one Of Nj. Marines
attorneys.
WHO Fernando Wood is, il Is quite unreces-
sery to state; his political history IS fresh IN
the public memory. One thing only was want
ine to settle his private character in tho public
estlnstiop. rs shown in this Maryne case, aud
that IS now done by the solemn decision
Of the highest Court known to the State law.
The MARINE case may be briefly stated rs
follows: Near the close Of ISIS, Wood pro-
posad TO 60 into the California trade, and m
duced Msryine to join him in the speculation.
10 convince him OF the feasibility Of the pro-
ecs. Wood showed Marvine letter purpor'iug
t. be written to Wood by 7. o. Larkin,
Government agent at Monterey. in which the
gold discoveries we're mentioned, and Wood
Mas recommended b. slip merchandise to San
Francisco. L1rku did not know Wood and
never wrote any such letter. Marine agreed
to Join Wood, and a bargain was made. Ono
OF the first items IA the partnership was vessel
to freight for the gold region Wood had one
the bark John w. Cstor-~hch he bad bought
in Is47 for $4,000. He showed Marvne oil,
Of sale in which no is represented az having
paid Sl2 CCO for the vessel. On tho evidence Of
thu. false bill Il salc, Marine paid $4,000 for
half Of the John w. Gator. The parties then
contaminated their partnership and set about
lr.ghtnz the vessel. The entire cargo was
figured up at about S26, 900. OF which Msryine
4 - IA ut1 fha
remaining $1,000; Wood also procured the
outfit aud s'orcs Of the ship, which lie mado
oUt about $4,000 that little over $4,000
Of cargo and outfit came from Woods
purchas.s. Tie bark sailed IN October,
l-l-. Two deys aitcrward Wood rendered
to Mnr,ine al account of disbursc-
mept-. mad. ont BY himself, and accompanied
by bills, invoices. and vouchers. On there evil
dences settlement was made. Upon careful
examination OF these documents, Mar inc dis
covered a great number of alterations aud
oycrchareef, and upon inquiries of persons from
" lolu goods were bought, lie learned that be-
bad been ogtrageously swindled OF course
Wood denied al knowledge OF fraud. and left
Marine 10 such consolation rs he could find.
MARINE undertook 4 criminal prosecution, and
IN November, 1851, the Grand jury regularly
indicted Fernando Wood for obtaining money
under false pro,euses. But this Indictment
wac not found until three years after tho al
legged fraud was perpelrated, and as the law
requires such indictments TO be within that
limit Wood found no difficulty in getting the
Indictment quashed, not because II was incor-
rect or unfouudcd, but because Il WAS twelve
hours too late.
The failure Of the criminal suit was sup
posed by Wood to end the matter, but Mar
vines persistency war undated, and he
forthwith commenced n civil suit In tie
Superior Court 10 recover the money OF
which he had been deirauded. The mat
tar We, referred 10 WIN. NJ. Evsrts, John
Cochrane, and Henry Hilton rs referees. The
order OF reference was gwen Nov. 30, ISL.
One hundred aud siIiy day, were consumed III
taking testimony aad much mo!e time on de-
Law. Witnesses we're brought from California aud
even from China indeed from thr ends OF the earth.
Al length iho Referees reported, Feb. 10, lcjO,
more than four years aiterwgrd, fully est.b-
lslng tho frauds, ard ordering Wood to re-
fund tie balance (more than $500, interest
included) 81 which Nayine Lad been cheated
Tie Supreme Court confirmed tLe report Of
tie Referees Wood appealed 10 the General
Term. Ho was beaten thore--ihe judgment
was affirmed, no carried tho case TO tho Court
OF Appeals, and thore lie IL again beaten. In the
case made up Tor the Court, we mud detailed
statement Of The overchnrs,s manufactured BY
somebody and passed of by Wood. h few
specimens viii show their nature:
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