The New York herald., 1864-12-16


no says. ~ understand Mr. Farley 20 say he has made
oonlraos with you 10 give you 81 gum. l says,
me that and reprimAnded him. HIM great repri.
maud Tor making such . bargain with you that"
tod MIN tho bargain had been made. asd the mortgage
had been cancelled and everything had been going along
iu god faith 2. Dsd you Afterwards eos him at his
mouse about IT, A. Yes air @ Who with yeu. A. Mr.
hanson aud myself went TO Mr. Opdykes house 10 sctts
be ore cou meuciog Mr.. 0pdyks said'T want this "
hanson that whaever sad in this room 10 night shall
not be In everc ce against either Of us said 81 don :
care anything about that; n s immaterai 70 me-" He
said. al will not 70 on with IL unless that Is promised
from you and Mr. williamson We agreed to that
Nj Opdykc then said he would rst tell his story, and
10 Mr.. Williamson. 70 he commenced and told his story,
believe. q. What did he te1 A. | could mot rsmem-
inter ere with him al any rate when 10 got through
0 c'mmencsd add did not get great ways before he
is,erlerei with me. 9 wha. did you tsn himr a. I
self 10 aiio" my wife 50 gun for all the guns aold
aud devered. except twenty-five cents that opdyke was
70 have fr the differences the money advanced for the
concern and The money Farley 10 have Farley wss
to have sixty oents gun IN the first place and was to
made; he says. "No, you did not make any
such oarsaiu ;, said l. ''jdnt com. down 70 your
place. and didnt you say TO that Mr. Farley had told
you that be had made tnas bargain with me- and that
you mad given him reprimand for tf Said he "oh no,
forY" said he. 81 didn't reprinand him. Said 1,
"Mh m did yon reprmandf' .I rsprimanded you.
"What had doDeY" You asked him two do lars gun
took my hat and told MIN what thoaans Of him, aad
left bis house Q. What did you tell hims A. told HIM
that he was damned rascal and d,mned liar, and
never wanted 70 say TO him agan or 60 into his
house agau took my overcoat and went out or the
house, aud out on the stoop Mr. Williamson came out
al ter snd i'd, "0pdy ke SAYS will settle with you
says '' won 60 into hts house aga a." and LETT and
went home; after got home that night Mr.. Williamson
round again said Mr. Opdy Ke would settle with
me aud pay the money worda to that effect q Did
you zee Sr. Opdyke any more in this ctyf Not TO
knowledge. q. Did you meet Mr.. opdyke at Congress
ALL n hnnv luQf utufnr ~ hat
say to hu on the 81 ect OF this coinY
hr Emoit counsel ior plaintiff objected.
The Court ruled that was allowable 70 prove that
partner OF Mr. o. DYKE" as alleged In the libel, had
ch rged him with heiug swndIer Tho article did not
charge bun with beng u swindier.
Mr Field stated that precise Point ruled the
other way in Wendell.
O you have stated the amount OF your interest.
the amount OF money and two dollars gu0s Answer.
les, Sir q. That before the time you met al Al
banyY Yes, SIR. G. Al that time You had nOt
Court Was transferredr A. never did; may DO
my wie didi she did assign ii " ter this q (by the
Couru In hat position did your wife stand 10 IN A. IL
mooey and made this arrsnsemen with ME- Farlee,
your VIE brought IN as the contracting party A. Yes.
sir q (by the Court Your vile WAS known to be the
person ntefestedY A. Yes SIR. (by the COurt) TbeE
you had any interest ia it at all A. No, sir; ony
through my wife. q. The mOnes you put 10 you got
iroia where2 A. got from my wife q. Did she get
IL e IN your A. No, sir. sae did not get IL from me-
After some argument upon the adm'ssoility Of what
witness said to plantilf at Albany,
The Court ru,ed-I cannot admit shis There Ia
fatal variance between tho libel and the facts they
turn out Il appears that this mans wire WAS the
pat,ner, and that be was not partner who cnarged
MIN with being swipdler.
Mr. Evarts Counsel for defendant) claimed that In
Law his could partner and tnat therefore
witness was In law the partner.
Cou6sel Tor de endaat offered TO prove that Mr.. &c.
Neil ssld to Mr.. Opdyks OF Congress Hail. in Albany,
regatd TO THIS gun contract. that no, Opdyke, was
sw ndier.
q Ind you perform any services in this business con
nected with the gus at ady timeS A. Not great
doai was rouud the establishment. attending 20 up
10 tue time tnat ! sold out to Mr. opdyke. Q. The
former interest ~ Il went into the sale 10 Mr. Opdyks
A. Yes; cir q You did not receive any money A. No,
SIR. Q Whatever was due you went iaso this sale TO
NJ. opdykef A. IL I'D. Z. Had you been pad before
this suit by Mr.. Dpdyke or any body
Correction Oiered
tho Court-n assumes that something was due to him.
Q Wac there A No. sr NOS 10 me- Z. Waom WAS
your wites A. Yes, sir; actinz her agent. O. Did
you sign as her agent A. heiove did, am not Ger
tain OF tha. G. DID You ever talk With NJ Weed aoou:
at Congress Hail. A. i did; with NJ. Opdyke.
Mr.. isrrepon, offered IN evidence tho pleaanss pro-
duced by anth In the case o. Hrs. Mcneil sganst Mr.
urdyke Collected to, aud objection sustaiued.)
@ % ont ssmsd tina. Was admissible with re-
The Courl admitted the answer and tbs complaint %
far as necessary 70 explain the answer
The answer was read in evidence
Mr. Evarts renewed the question what witness said TO
BY plaiusi himself that answer, as tho partner
After argument, the court admitted the question.
A. osnno. tell u a!i said !. was quite long story;
not sshsrned W come where VAS and put up ~ the
house Was putting az after using me or my vile as
he lad DONE IN cheating cat of that money he says,
'Yeu sue, ard get your money when you osun he et
and breakfast and went 20 breakfast too
v. wen. ou. and bcneo him sssi., ana among other
things told him he . swinder and he rascal
and would not trust him i've cents further said TO
hm that alter ali had done Tor him-and be says,
what have you done' says, "In getting Andrews 70
get ten thousavd dollars towards your election and
all that and after getting In you turn deaf and pay
nobody pay us not cent" After taking little Ec
ieft agaip.
q What did this mesn about this ten thousand dol.
M. On no, no, no. daughter
A. inou rec5iiei, that he said 70 me, ~ ddnt get
that n,ouey from Hr. Andrews-l got IT from another
power" don't know what power 1t was. q Did he
state what the otseF power was A. No. SIR no did not
=. lcu directed this hcNe suit to be brought A Yes.
SIR Z II ~ae pending at the time OF this conversation
al Albany. Was it2 A. Yes, Sir Y Won't you tell the
should like you T. ask T. We viii nnisb the other
matter nrst. subsequently g. this conversation MAS
tslnsrdus liendrlcss ~ Z. ne you suow when u was
settled II wss sstsied two weeks 40 last Monday.
4. 10 you Know no~ much was paid Nj. ondyket A.
In the scs aborhoo OF evsu thousand dollars. Y ty
the courtl On this assignment % the interest
o. your slte A. l-t, sig. % THE eleven thuoss1d
dollars how much Tor money and how much Tor
prcnu A. ouu't .nos auvthins about l.; Hsndrekson
100 me he received siiV6v, u DOT settled WITH my
consent aud bad no,n,Ds to 90 with the settlement
4. J on never did conseEt To ri A. No 80 u Your
csim was tor 81, 900 A. ies, sir the clam
$4,000, tners va coo gave 70 Mr. aarston
tor, aud M Opdyks ,a4hsd a. ard NJ was ~ b. de
auc,ed from tne sie,UJo g. on what dia tnat ols,m
rs.t' A. ~ ". so gan. ,oeleciiou.)
Mr fcrrcInnt he ircd 70 kno" from the witness what
the ella o. slg o0O made up Of
MIR told-irtn IS for the purpose OF showing that
Oily Cannon did Lot DIVIDE the profits correctly.
VI. Perrep nt-Who do you call ''Oiy Grmmop1''
Mr. Field aen Gid yOu refer tof
Mr. Peiraport-I dd rot re er TO anybody
gr. fle,d-HUt your cett did
q tan tea tel as Via, was cssh and what was prohs
a A'ter deoucting twenty i've cents was 10 have u
gun Er. updyse Wa &c twsnty i've of THAT
IL, tOverus faynr money tnat he advanced
and ABOVE what dio then hr. Farley was 10 have
SIXTY cents Er Jones WAS TO have tfty ceus gun BY
my allowing M cScyke twenty five cents and ave
ccntr towards arey That would make opdykc pay Tar
ley thirty cents and ! thirty cents, and tnst lett
81 20 gun e. and this 81 20 due you until
the gun, were made end soidf A. No, err, Y 10 come
OF the prpceeos OF the when completed and sold
and PAID for A Yes, sr. u. Win YOU now 80 back to
the $1,000, ana begin a. tho beginning and
thaS
hi. tied-whn M. opdyke sad and did and not
sbout any body ere Yes, sir win tell u sii