New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-22
THE WEED LIBEL sUTT'
Cor.fnued from First Page.

~, Intention aud understanding were tNt the ueV,'
zero ali 10 be paid-al Eat he'd occurred III uhueI~ f.
49, 90 daY eons tie estate and defend II against che
attacks Of the General Governments IN tne oou Sc OF
the negotiations that cane to be changed IN sop way
20 that what strictly regarded Us hes, such az
keld the estate were 10 be paid 1t was mdea subject
sf.tbe contracts.
o. While you were in Eurore wss The unsettled state
Of The te an ombai smept in the after, and when
va, il removed A. 1t was finally removed by the
issue Of patent In 1856 from the General
shst had been great inipedimem 10 negotiations u
Europe and III this country, and TO the proper
working Of the estate and had been, in great
measure the of the depressed condition orr es
tate the embarrassment growing ont Of ihe attack OF
the general Government upon lhOtttlc and many OherS
IN California; before these negotiations ehded mere
all that had passed away snd the title ws assured d1u
was purely question of raising the debts rom tne
property; 10000 shares OF stock were issued al te par
value of 500; SelOveT received 2JOO shafes ,lhts
the same, and Park the same; they nave heid shee
that they received them clear OF all cOnrlDn
ttops the balance e. 500 shares represented my i've
sighhs; under written agreement when accompanied
the contract 2 coo shares became tLe properly OF the
three gentlemen who Engaged to or the company and
obtain the Necessary 10 pa! the debis namely,
Ketohu Opdyke and oy that left ae 81. 500 shares;
Of that under the written agreement, 1000 shares
vere maid 10 Mr. Field; no other distribution made
Of that remaining amount far as affected this com.
psny. except 200 shares to stc'eA that ley SS9VV
shares of which 5000 were placed IN the hands OF
ketchum. leaving me $50.
o. What became of that 2,o0o to Keichum, A. 1t
WIS made the subject OF a written agreement between
Eetchum and myself. of which probably have copy
among my papers. (Nr. Field here offered copy OF
the paper which was identified, being dated May ~,
1e63 and executed about that tme) This moiter
up Of the subjects OF discussion at the close OF
Ne negotiation; II was required. think. by hechun
@. What did yOn understand vas the disposition re.
CURED ofthis Additionally OO shares of stock Objected
10 - transaction between the witness and kechtn
Alone and IN way connected with the plainth--Ob'
lection oyerluled -eAcepti0D taken) a. kctchum
stated that the gentlemen who undertook TO form ms
company here and TO be in measure responsible
for it, desired TO be able 10 control il here rather than
20 have IL controlled in Calforns, they were fearful
that it might, if should make any change in my owner
ship and transfer large part Of nv shares end that IN
view Of the accidents 20 which | wa1 professionally
exposed which might occur sooner or loer he wished
10 be protected against such contingencies Tor that
purpose he desired retain control over this amount oi
stock in order TO enable him 10 vote upon IT; ! re
Gsrded IL concession and after some debate yielded
h; l regarded Ketcbums interest as IN connection
With others.
o. What did you understand 20 be the form de-
gree control these shares that asked for
SObjected to- The Couri-You may answer. Was /;
simply the right 10 voter a. That Was the reason
given by Ketehum
The Court-Stin the stock actually transferred
A. 1t was transferred 10 him TO hold IN trust.
Mr. EvaIts read the agreement between Fremont and
xecbum transferring the 1900 shares for certain
time until the bonds not exceeding Sl4IOtOl, We're
paid when they were 10 be reransrrcd in the meantime
kechum was 10 vote always for Fremont 50 long as
they remained in bis hand and should use all has
an 10 make the dividends - per cent.
g. What caused the Issue Of 81. 100000 in bondsi n.
ii sseertsned by Hoy in California, that that
would probably pay the debts the nearest amount 10
which he could reach the remainder was proposed TO
p
b used u further developing the property tie bonds
were 10 be q first hen.
O. At what stage of the transaction did the payment
Of the 1900 shares each 10 Stevens ind Fields up
A. The amount originally offered by for this al !
rangemen oneourth OF the property In the course
& the negotiation il 10 be held BY the three gen
tlemen. Ketchum. Opdyke and Hoy, that One.fourth |
belonged principally them, aud that Stevens
entitled 10 very large share; there some disagree
ent In regard TO IT, and as there bad been change In
tbe form Of the negotiation which gave 10 rather
larger amount Of shares than / would originally have
been entitled TO- gave TO Stevens myself 30 unfairly
certain amount, which amount cOmprehendcd both these
amounts Of Zoo shares 10 Field aud 1000 to Stevfnx.
q How and where did you learn tnnt sI90 shares
Eere 70 be pad or desired TO be paid to Icldf A.
transaction think
O. Were communications passing letween you here !
and the California parties at Tho close Of the trsnsae
ponf A. Constantly, very frequently, by letter and by
telegraph; IL the month OF November learned more
a,sunetiy that must close IL here from the inst to
she close Of the month communicated daily by tee.
grsph.
q On what ,ron~A we. u~-- --------'
O. On what ground was there on agreement that you
were TO part with any shares to Mr.. Hedf A. There
had been au sgreemcnt 20 part with certain number
20 him embracing tvse that Field was to receives bad
no with Field in respect TO the shares bis
understanding wns with Stevens. - .
O. Did you know it 1900 shares till Field
Informed yOni A. did not.
O. Up to that time the agreement was. whatever
Tied was TO receive you were 10 pays y. Knew mat
Il was TO from me. but in that way; did not
know the amount il was to be IN consideration Of his
services counsel and legal adviser in this negotiations
che proposal originally made to Stevens 10 under
take to find men of sufficient financial strength 10
accomplish the negotiation, and 10 him the Offer OF
oneqGater Of the estate made with such associates
- he could procure.
O. Then these payments to Field we're in fact. outside
Of and in addition to the nequarerf A. They were,
O. What finally became ofthe 25 900 shares that went
70 Ketehun under this paperi OBJECTED 10 as IN no
wsy connected with the paintif.)
The witDes further stated that he presumed Ketchum
claimed the control OF the company in the name OF his
associates and that Opdyke was present at the time
che proposition was made; the three gentlemen acted
together.
The Court allowed the evidence to be given upon the
statement Of Mr. Eyaits that he intended to connect
the plaintiff with tie transaction.
Witness-The agreement saia II should he trans
feucd bat il issued originally 10 kctchum at the
time the other issues Dade the distribution was
The subject Of written agreement the whole Of It was
Transferred by KeteLun TO me; it was originally the
subject Of suit on my part but the suit Was discoh
Nnued.
e. (by the Court Do Won know whether Opdyke he'd
any connection with this particular mBtteri a. do
not distinc,y he may have had, but 10 what extent
d. not know.
O. 10y the Court) Do you know that he had not
"A. No sir; 10. certainly
Mr. Eyarts-He knows the res1l
wtness-Yes, sir it wac transferred to me- or made
snhject to my control.
q What was the resulti How did ii come back to
The Court allowed the evidence upon the statement
of defendants counsel that he would connect it with
iLs plaintiff. exception taken)
Tie transfer to was upon Arrangement that
sbuid sell 50tD Of those shares for % TO Mr..
How believe for himself or for Mr.. Ketchun; L have
understood ron one OF the parties that the object
70 have large control STILL IN the same OF the
stock.
O. what was the market price OF the stock at tho
sirne you were TO sell il at 25cf Same obecion A
il considerably above 2o-some IO OF 10 per cent
fbeieye: il was done think in Oct. 1863; the stock
wa then sold at the public board OF brokers.
O. In whose checks were you paidi a. In two sepa
rsto checks sigred by james Hoy; Opdyke was rot ~
Irrafh lla ia. ~ 4