New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-22
TIE WEED LIBEL SUIT.
The Personal Explanation Of Defendants
Couusel-Joim G. Fremont Examined
In Relation 10 the Mariposn Company.
SUPREME C0URT-DEc. 81.

Of the case YESTERDAY certain letters were
ruled out Of evidence In "THE TRIBUNE" Of this
morning these letters published in the proceedings
Of the Court yesterday I call your Honors attention
TO it, simply 10 say that you will remember that yester'
day when tho subject Of whether would consent TO
have any such letters appear under discussion and
somewhat warmly your Honor stopped US oil, ard put
an end the matter; and had Of course, no oppo-
unity for any consultation whatever about 1t between
ourselves until last evening We relieved this morn
nc from had all together consultation deter
mined do by the letters appearing in the newspsper
had stated IN our opening that this letter OF Nj OPP
dyke which is thus published. not fair reply. Or
real reply my letter Which had been received That
Information We received from such source and with
such particularly, that IL seemed impossible thnt va
could be mistaken upon the subject Tho letter OF Mr.
Harris which is published this morning In IHE IkB-
UNR We wish to state is letter to which that letter OF
the 9th Of September Is fair reply. The letter II as
eItraordnary as the information that we had received
on the subject that there letter TO which tins
was fair rcDy. But wish here today 70 state.
that do consider this letter to which tie other
Mr. Tield-Ifthc Court pcsses while the matter is
under consideration beg 10 state that the rccoecon
of the learned counsel in respect to what he sad not
accurate. What lie did say was thlsi Woud You
believe it that this statement concerning tbs klnd
letter which had been written 10 Mr. OpdyKe, was
syery word of IT, LEI Senator Harris never wrote
hirn word in reference to the subject; ii was mere
concociion and the very envelope that carried THIS
latter asking to be published IN me pa n b.
trick and tbs fraud" Now they had this private let
ter VI Ar Updykes which they call trick. and it has
10 reference 10 a trek.
Defendants Counsel about 10 proceed with read
ing the articles containing the alleged libel 80
Plaintiffs counsel objected to readingtt wbole OF tns
articles which very long. and the great proportion
entirely Irrelevant to the subject OF the libel.
M PierreponIf anything is settled. it Is that the
articles from which the bes are selected may be read
CouIt--I understand the Iue to be that the counsel
may read ali in the libel that has any reference TO case
in any manner be said to relate 70 the subject
,la :. oil il
Perhaps II Is well TO let all go In, II desired.
Mr. Eyars-We cannot divide 1t. Plaintiffs counsel
excepted to the admission OF the articles at length
Nj Percront then concluded the reading OF the
articles contained in The EoeaiVg Journal Of the 18th
and 18th Of Jnne 1854 embracing charges against not
e oy e u The frehS $o and Mr. Greeley in con-
necton with alleged cotton and other specuations, by
Mr.. Camp and Mr. Crlicott
John C. Fremont Was then called on the part OF tho
Defense though out Of order as the counsel stated IN
order to accommodate the witness in view OF bis en-
gagcmeBts. lie testified as follows: Ny residence
during the last eight years has been IN Caforna ana IN
this city; the owner Of mining property IN Cali'
fornin known the Maiiposa estate about 4fOOoacres
had beon and part owner about years; in the
Summer VI POP il became the subject OF stock ncor-
poraon il bad been worked since the Winter of 1919
49, tn. product principally gold; there were other
minersls IN lesser gha was ,s eco py Sre.
iucod from surface washing number oil millions OF
gold cannot state the amount as the accounts wero
oOse; from regular mining suppose II bad produced
about xa000OI0; it supported several thousand
people; several companies were established on
The property; that the state OF at the time It be-
came the subject Of incorporation; then owned hve-
sghths ANA held the legal title 70 sixeshths the re-
naming twOeighths were owned BY Fred X, Binings
and A. A. Seloser. each one eighth tie benehcal n
terest IN the other eighth was In fren o. W. Par
all three were Californiaus; since tie incorI'r IN
they have all become residents here or In the eS 81.
Staies; it was valued al So LOO; that vairatc
ed upon all the different negotiations, founded
what Is had produced regularly il was hrsi T.,
ofnegoiiatonin San Francisco at Naturalization
est mo e eo-pratlon, including the shares ok ;bs
other owners rytking that belonged TO the estate
movable property and all no other property went In
that 1 GIn aware of; the properly was snplect 70
membranes or liens at the time the negotiations
commenced. estimated to be something over s2J1DC:
settlement it found that there was ABOUT NIL
lion more required TO pay tie debts the monihy IN
erest about s3 eco the larger part beng
az per cent month. and large part OK that com.
pounding monthly: undoubtedly took into account
III. debts IN estimating its value at 100000, which
considered its value as stood the negotiations
TO the company here commenced about the end Ok
August 1862; then yerv slightly acquainted with
Opdvke; knew him in leJ6 III connection WIN the
political campaign one OF the members Oh the repuo-
tioan party: did not know Morris Ketehum prior to
the tine OF the negotiation IN connection with politics
only generally rs a nan Of business Lerei L dd nor
know HOY PRIOR except BY reputation l had known
S-oyer Br IS in California well and bad PERSONAL
acquaintance viii Simon stevens prior be resided In
ills city and was engaged in business here.
o. slate how these negotiations commenced and
how you we're brought in connection with Opdyke.
words OF explanation Will be Decessafy 40 nave al
ready stated various other negotiations bnd ceen at
temptcd N the Spring Of lsGl went 70 Europe with
Frederick Billings with view OK procuring loan 70
p,y the debts Ui the estate and form INTO company;
soon AFTER our arrival there, was found tle UNDER
taainc WAS very difficult impractcaDie on nccouns
OF The near prospect Of civil war some attempts were
made and not very roet re offers were received;
they were Lot accepted Wien the war broke OUT, L
returned TO take pant in tie public service. leaving Mr.
Billings 10 continue his attempt at Negotiation;
in the summer OF ls62. 1 rstarncd from Nirslnie
10 this city found tho condition OF my private
affairs such especially regarded the Mnrposa prop
erty that required my Immediate attention. III tne
ATTEMPTED negotiations had failed; Billings had tried in
London aud Paris: had returned 10 Try IN Philadelphia
ana Nes-York and had then gone To Germany and
had failed there; the debts OF the estate were very
pressug and had been for come time IN TIE bands OK
mortgage; i had been turned over into Tie posses.
sion Of Mr. Parkc who bad advanced large sum upon
H. 10 whom II mad proved large ruin, and soUe other
debt, were worked out " Tue properly III tna' Sohul
ton in some conversation with Major Stevens, pro-
posed 10 give him and others whom be might associate
with him IN The Undertaking, onequarter o the prop
cr, for the consideration OF procuring the amount ne
cossary 10 paw the debts and form into such coEi-
many "A was desired about tho first Of September Ste
yels proposed the arrangement TO Morris hetchnm;
as / understand, and after various CONVERSATIONS,
Ketchum dsputed Sir. Allen who was about u go 10
San Frarcisco 20 examine the cstete ana report
unop n condition Allen dd SO; he examined 1t in Dc
tooer and reported in December, snd Inc SUBJECT Was
ten or perhaps previously lad been communicated by
Ke,chum TO ofdyke and hoyi DC ASSOC .a.ea shea WIZ
him. and the negotiation went on until ABOUT the nrsto
March, 1853, when Hoy was sent or Weht on the part
of himself and associates. to California, win view 10
examine the property 10 asc.i.un u was such %
confirmed TO be BY the report of Allen; IN the meantime
other negotiations had been concugenty carried on In
California there had been since offers madei Guile,
wbose principal house WAS in Paris, repeated an offer
which had been made 20 in 1901 viz, to furnish or
leud A million OF dollars to pBy oil the debts in
consideration OF which he wss 10 receive as bonns