The New York herald., 1864-02-04

o. B. AATTESON ON THE sTAND-INTERRSTlN0 CROe8s
ExAMlNATIoN--THE WITNESS ATTEMPTS TO AZ.
PLAIN WHY HE RESIGNED MS SEAT IN CONGRESS.
BOT IS INTERRUPTED By THE COURT, BTO.
COURT or COMMON PLEAS.
Before Judge Brady.
FsB. 3 Josiah p. Fitch Us. Horace DurTie d Geoyu
Rnsaer.-This is an interesting gun contract case, h
which o. b. Mateson, ex.member Of Congress-, James D.
Taylor and Colonel Alexander Cummings late Of the New
York Worh. figure less. The plaintiff alleges
that 10 August 1861 he contracted with Darre Rushee
for tho delivery Of twenty-five thousand Enaeld r6se
Flower pattern) at eighteen dollars piece that the
guns delivered at the rate OF three thousand
month that he had contracted With the government
furnish them at twonty dollars each but that when tho
time for the monthly instruments arrived the defendants
refused to carry the contract and lott him 10 the lurc
quently sold TO the government by defendants at
profit OF Ave dollars each and that he injured to tho
q sIs goo a. ess' .s Sy ns tho
The defendants denied that there any actual con.
tract existing and that furthermore there was defect N
the parties plaintiff .. Matteson, James B. Taylor
and others were interested parties. The contraco
referred to By the plaintiff. aud dated August 70, waa
abandoned for dated September g. which called for
hity thousand guns; that whcn the latter was made -
expressly stipulated that the plaintiff SHOULD =
Washington and get his contract assigned 20 the deeud
ants that failing the consent Of the War D.
partmen for transfer o. the contract the defendants
garded the affair having fallen through. and, turning
round sold the guns TO the government, themselves.
They also claimed that they wero soely dependant upon
livery the rifles question: and they were only
acting IN tho capacity OF agents.
The examination OF the witnesses for the plaintiff oc-
cupisd the greater part Of the day Mr. Fitch. 10 The
course Of his examination, admitted that o. b. MattesoA
was present when the Negotiations were made and thas
the papers executed az tho Office OF James Taylor
He testified to the conditions OF the contract and stats1
the conversations that occurred at the several interviews
between The contracting parties.
o B. Mattesoo OK member OF Congress, was sworn foR
tho plaintiff. and testified follows
T. You reside al Utica In this States A. do.
@ Are you much In New York; A. Yes, great deal.
O Did you know OF tho execution Of this coo.raoss
Q You saw il executed, did you nots A. Yes
Q Who're was il executed A. At Mr.. JamcsB Taylor's
o Were you acquainted with the details Of tho con-
tracp a. don't know what you refer 10.
q werc you present at the interview between kr.
Fitch and tho deendants' A. Twas.
Did you know Of another paper which has becn pre-
duccd here. dated August 10. made between Fitch
produced aud identified by tho witness)
q Did you also know OF negotiations foe the oxeca.
tween Sarson Robbins, Durre Mr. fflch9 A. Yes 10
was at the Office Of Field McTAne, 10 Pine street
O. Were you thore7 A. Yes.
O Was this contract ever coasummated' A. Asfar asr
II Completed one Of tho attorneys TOOK
the papers away with him, and the whole thing fen
O This contract the 10th OF August was co.,
summatcd' A. 1 understood u never was
q. Was there any conversation nj Field h Mcl,anep
that tho ars paper was 20 be Abandoned Not TO my
recollection.
o. Nothing was said BY which you could incr that The
nrss paper was TO be given up A. Not that can rs-
member.
Ravo you boon present at any interviews since these
papers 10th OF August och OF September
executed Durrie and Fitch Rusher and Fitch
A. I can't epeak 20 date. but I remember meeting
Rusher Fitch the day aud hearing Fttch
urge Rusher 10 the contract hoard Mr. Fitch
say that any securities that might be desired would -
forthcoming
o. DO you rememba whether or not this was afSse
Fitch returned from washingtouS A think u was
o. Did Mr. Rushor that occasion say that the hrse
contract had bceu abandoncdY A. can't reoollect Z
understood that It was, that was tho impression
fxcd upon my mind.
Cross cxamincd-Dd you resign your seat 10 Congress
pending some charge against you3 A. did and would
like 20 explain the Court the reason why did
Judge Isrady-At the conclusion OF your cxaminathA
will consider whether any explanation necessary -
not
o. Did you oner Durric Rusher $4,000 10 carry sut
the coutractS A. don't know but what did.
O. Had you any interest," 10 this contract In suIV l.
II Il had been carried out suppose would have had.
O. What portion you 70 havef A I have -
papers 20 show and cannot now recolIect the sAine
fe through and had forgotten ali about until We
subpnuaed 20 attend here
C0unsel-That Is all
wilness-I would now like TO explain my reasons f,s
resIgning my scat In Congress-.
Counsel for tho plantM--oh, never mind b matter
OF consequence.
WItness-Uh yes Il b was seized with tho National
Hotel disease and at tho point or death.
Judge Irady-Nevey mind, Mr. Matteson we can dla.
pcnse with your story u is entirely immaterA why you
resigned your seat In Congress-
number Of other witnesses were exami1ed when shA
case was adjourned for the day.