Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-03-24
the interest of respondent in said purchase,
the same being one.half, as a tt ustse, for his

| the interest of respondent in said purchase
the same being one.half, as tr ustse, for bis
| benefit.
| -, sTATEMKNT OF LEWIS oLEPHANE.
lTne sworn statement OF Lewis Clephane In
Islation tothe purchase OF his third interest, IS
| died with the answer. The affidavit of Mr.
| ClephaBs is dated March 2ist, 1864, and certi-
! fits that when MIR. Hanscom applied to him on
January 18th, for his third interest, he declined
| to sell except to him H. and Murtagh Jointly,
| unless the latter consented Otherwise. Ar
| raneements having been made for the purchase
| by both Hanscom and Murtagh, deponent on
| the 2eth cay of January last, met at the Re-
| publican Office, with Murtagh, Hauscom, Ward
| b. Iamop, Robert Lamon and Leonard Sweat,
| and stated his price to be 5000, and it was
| paia MN; Sl,Wo by hy the bank check OF Ward H.
Lamon and $1,000 by the joint note OF said
| Sweat and the two Lannon's. The daponent
| (Clephane) made the written conveya ance to
| Rotert Larnon, by direction of Ward n Lam On
| and said Sweat Il was then and there ex-
pTessly understood and agreed by all parties
| that the sale was for the benefit of said Muir
| tagh and said hanseam, who Were to have the
tight TO tane the deponent's third interest con-
Ve5ed 10 them by Robert Lamon whenever
they paid the 81, 900 paid for it. All the parties
were informed by deponent and understood
that deponent would q ot sell his interest with
ont the consent OF his partners, said Murtagh
and said Hanscom alone, for the benefit Of
Hanscom alone, without the consent OF Muir
tagb. And deponent then and there under
stood that said Murtagh assented 70 the sale
| only because it was agreed that he should
have, with sand Hanscom, the right to repur-
chase deponent's interest conveyed to Robert
Lamcn.
The respondent then Gays that after he was
Informed Of the fraudulent procurement of
that assignment, and was satisfied he could no
longer rppose confidence in the complainant
and apprehending that his purpose was to oD-
tain the exclusive control Of the said establish
ment, and being desirons TO protect the interest
therein, as we'll of himself as creditors, ex-
ecuted on the 18th OF March, 1861, to said Wes-
ton pledge or traLsfer OF the properly, busi-
ness and effects OF said copartnership. At
n S.,in i,n ha n ;
was, AT still is, indebted to this pondent in
the sum OF S5,e4S, and the complainant was
indebted to said ccpartnerzhip in the sum OF
1922, and was and now is insolyent frhe
transfer to Weston and the aefeasance taken
iIom him sre also filed with the ans war. The
transfer is signed W. ]. Murtagh & Co., and y
G.;6d March :5Ih. It is As follows:
GUARANTEE REQUIRED THAT TIE REPUBLICAN
SHALL EIssUED LONG ENOUGH TO COMPLETE
THE PUBLICATION OF THE CITY TAX ApyER-
TIsEMEhT
us IN hand, paic :. S.ers. = ;reess;;oa, end
also in the further consideration OF said Yves
toms agreement of this date To pay ali the debts
due and owing by the said firm OF w. J. Muir
tagh g. Co., alter the said eight thousand has
be een spilled TO the liquidation OF that sum OF
the said firms indebtedness, and TO continue the
sue OF the National Republican newspaper at
LEAST sufficient time to complete the pubiica-
ton OF the city tax advertisement, we hereby
Sci and convey, transfer and deliver to him
all the property OF every description belonging
street, such as types, presses, steam en- gines
and other fixtures, also the subsc ription list
and good will of the National Republican, and
all the debts due to it, and assign and trans far
the lease Of said building No. 5lI.
The endorsement on the back of this paper is
as follows:
March 10th, 1s6i.-To.day in presence OF us,
VIM. ]. Murtagh'& Co, make delivery of ali
the within named properly and of the books
and papers Of the National Republican to George
III. Weston, pursuant to the within bill of sale.
lsignedl ". Fl. lPossS' PoPE
AGREEMENT MADE THAT THE PUBLICATION OF
The REPUBLICAN SHALL BE CONTINU I'D LONG
ENoUGH TO COMPLETE THE PUBLICATION OF
THE TAX ADVERTISEMENTS.
The defeasance of Mr. Weston sets forth
that In consideration of the sale and transfer
OF W; j. MurIagn d %, of the property In the
Repubttcan office he (Weston) agrees to pay all
tebts Que fl Cm said firm of WI Murtagh & Co.,
alter they shall have applied to the lia uidation
OF their debts, the sum OF as,0D0 paid to them
Mr.. eston also agrees to continu the publi-
cation OF the Republican al least long enough to
complete the pu ubication Of the tax advertise
men' by the collector Of the city Of Wash
in2ton. Ard he further agrees when he
shall have been repaid by the sales Of the pro.
perty conveyed, aud by the collection of the
debts q ue the Repu6tican, the sum of 5, 00U and
oiher sums that may be advanced, aud paid
N der the agreement with interest, and a reas-
on aeie comper sstion for his time and services
Ill continuing the publication ftne Republican,
he will reconvey to w. J. III urtagh Co. ali
the properly remaining of the property con-
yeyed 10 him on the l5th)
The respondent then AYERS in his ans wer that
the transfer above was executed in good faith
and ;or the purposes named. Respondent fur
iber ayers that he was the managing partner
OF the concern, controlled the finances and
raised money i'll his discretion, by pledge or
otherwise, for the payment of debts and for
carrying or the business, while the complain.
ant gave his attention to the editorial depart
ment Respondent AYERS that he was advised
by counsel, that he was authorized to make
said pledge or transfer, and he believes that in
view OF their partnership relations he was SO
authorized. Respondent Acknowledges the
receipt OF the letter OF complainant proposing
TO close up the partnership, but he believed the
complainant proposed TO take exclusive con-
troll OF the business, property and effects of
said establishment, and involved the surrender
o! respondents lien for al vances TO and interest
in the concern, besides subiecting the respon.
dent, who is the solvent partner to the demands
OF creditors, amounting at least 81 500, imp pos
ing upon him the delays and expense of litiga.
ton Ii the complainant should fail to carry out
faithfully his stipulations; aud this tended only
TO confirm the suspicious OF respondent as to
the real design OF complainant Respondent
admits that he did not answer the letter Of
complainant, and admits also the publication
4 o: notices above referred to in the Republican,,
but 1he answer AYERS that all acts OF control
exercised by Weston over the paper were in
consequence OF conviction that respondent
had authority to make the agreement referred
TO above Respondent avows himself willing
to dissolve the partnership with Hanscom, but
he HOLDS that he is the proper person to settle
up lie dudlEs vi Tue Coz Celn. he denies tnat
the complainant is entitled to the custody and
control OF the business or that hs (respond-nt)
could be deprived OF his equitable lien, and he
prays If the Courts of the opinion that the ar.
rangement with Weston was void that the
Court viii appoint a receiver to settle up the
affairs OF the concern, and dispose of the prop.
erty. &c, as early as possible, having regard,
however, for public considerations, to the com.
pietion Of the publication of The tax advertise.
ment of The city OF Washington, which will be
completed on the dth day of May next.
q an syy-sr yucc
and on the same day Judge Wylie partially
investigated the case. and further postpone-
ment " as had un'il Wednesday morning at
O'Clock; but an order was first issued pronibit-
ing either party from taking possession of the
p! p!emises to the exclusion of the other.
HEARING OF THE ECAss.
Yesterday morning the case was sgain taken
nj, MIR. J, II. Bradley, ST., appearing for Mr.
Hanst om and Mfssrs. Davidge and t. ). ID.
tulIer fer Mnrtagh and Weston.
Mr.. Fuller said he appeared 10 protect Mr..
w esions rights, and he supposed the COURT
would look entirely TO the legal rights of the
larties. Mr. Weston appeared here as mort
gage of all the effects, ana he represented all
Ia. -..tS.- = vr.N