The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-23
the PETROLEUM CASE.
Continuation Of the Examination Be-
fore Justice Dodge
8 c ENEs IN URT .
JUSTICE OoOGE's EXPLANATION.
THE EVIDENCE OF COLONEL HIiLYER,
&C., &c., &e.

Justice Dodge having taken his seat yesterday,
alluded TO the scene Of tho previous day In which Mr.
Boes and Mr.. Mann were tho parties
Justice Dodge, addressing counsel, said:-Yesterday
understand that you gentlemen INDUCED In some
marks that right or necessary the adjudca
ton Of this case during my temporary absence yester
day. Had been the Bench should have put stop
to such q course at once
Mr. Boes replying, said;-T do not know to what yon
refer, SIR.
Justice Dodge DO not want to argue the question
with you, sir. only astonished that you made such
remarks as are imputed TO you in the papers, and am
astonshed that Mr.. Mann should have replied in the
manner he did
Mr.. Field-I always knew Mr. Boies gentleman in
the profession and thought that tho reports in the papers
were rather incorrect. He not present himself at
the time and could not say.
Justice Dodge said that he had been absent at the time
The matter before the the examination Of
Mr.. Manu. am sorry that the court should be made
place Of amusement in the past but the must
proceed regularly.
Mr. Boes-lt was not matter Of amusement
Justice Dodge- must have BEEN II the report Of
proceedings yesterday correct What he would like
know what has Mr. Mann's age to do with the
casey am sorry the affair has happened, and hope
will not happen again. especially our proceedings are
so faithfully given 10 the public.
Mr.. Banks did think that anything could be
charged against him in the matter
Justice Dodge-fou, sir, and Mr. Boies being associ-
ates, must only infer 1t was done by you.
Mr. Banks hope, Judge that you will put stop to
any such occurrences in future.
Justice DODGE certainly shall do 80.
EXAMINATION OF COLONEL HILLYER.
Colonel Hiyer the first witness called He be-
came first acquainted with the defendant in April
May, 1894 his impression that he introduced to
defendant by Mr. Storms had been previous to that In
the army, and was the staff Of General Grant before
the fall OF vcksburg; first heard of Manns accoutre-
mcutS ma he rst
when Mann first came to him he said, he (Mann)
was the proprietor Of the patented referred
to- he said he had favorable report Of organization
under the Secretary OF War; In relation to these accou
tremens; Colonel Mann proposed to him wtncss that
II no secured the contract he would him twenty
five cents per set; subsequently agreed TO give him
one-seventh on the profits went to City Point
and asked the General II he willing to give him (wit
nessl leter recommending the articles received let
ter from General Grant; had procured order from
the Assistant Secretary of War, General Dana, for
thirty thousand SETS received onc-sixth OF the net
profits; chat amount exceeded the twenty-five cents
per SGT profit which originally agreed upon;
the between witness and Mann provided that
he should have sixth interest sixth profit, II
he should give his whole time and attention to the accou
Icnent business; there wcro nineteen thousand sets
made FOR the cavalry the third agreement thnt no
MANN should have onesxth interest in the patent ITSELF
saw General Hooker; had received over $4,000 from
the profits Of the accoutrements which amounted the
whole to $50 ooo received that sum from Colonel Mann
the last payment made about May 1893; asked
Mann for sum or $780, and Mann then figured
up the accounts between US, and II was agreed that
$500 was due 70 me- Manns accoutrement company was
formed the latter part Of May june had been the
vice president OF the company In Savannah to sec
General Sherman after the surrender Of the city; had
agreed with Mann that If anything could be made
cotton the profits should be divided between us;
Mann told me all about tho oil lands, and
said would require 70 work the ands he asked
me to subscribe $1,000 and he would guarantee 1t would
be worth one hundred per cent Mann, after visit 70
Stratton in with him. but witness since had declined
to go on with the partnership Witness identifies his sigma
Mann did not tell him that stratton was mere
diary between the former Of the property and him
self MANN a. trustee Of the company Mann told him
but not before Mann had told him he had bought from
Straton The first information he received about lots
and 8was from Mr. Albright about the LIST OF June;
had personal knowledge Of il HIMSELF have statements
Of Mann TO the effect; II was stated in Mann's
SS1 ssn had d vd s1 ss S
had paid at least twenty thousand dollars:
II stated that tho land bought at 500 acre
Informed that Colonel Mann had paid 900 for lot No
81 In April 1855; Dir. Church aud others we're present
property and believed the time that he had purchased
the property trustee for the company learned about
the same time that there was outstanding lease on the
property Mann at the Same time said that Sratton had
made proposition to give half Of land Cherry
run, adjoining the company's Cherry run property
cost and Mann said s. 600 he was than asked what the
value of the lease of the half WORTH and he
piled he didn't know and he proposed TO take measures
q conference between Kellogg Hastings and myself;
had invited Captain Davis from Washington to here
and take part In the prosecution Mann told him with
reference 20 the accoutrcmcnt business that II he MANN
had such letter from General Grant Lieutenant q n
era he had Major General he convinced that
no would get the contract for the accoutrements he said
10 me, knowing that I acquainted with General
Grant, that IL procured him such letter he would phy
81 900 the contract at twenty-five cents set did
not know what amount OF money Mann received from
that contract when no (witness) subscribed TO the petro
lcum company: did not remember the amount; Mr. Gay
lord sub-contrac.or, told him what he thought the
amount received by Mann was, and then he knew he
have had money enough 10 pay for his subscrp
Lent Mann $500 In this way; Mr. Storms owned the
exclusive right Of manufacturing accoutrcments and
quarter Of the loyalty Of the patent; Mann made an
with Storms TO purchase that interest and
suited me the subject, and told him when making
the contract that he had better pay something IL and
he SAID he had money for the purpose and told him
would lend him Ave hundred dollars that money he
afterwards paid me; informed that Mann had ac-
qufed the Gooderch property from his former fahern
law; first introduced 10 Mr.. Goodcrich by Mann,
time in March, prior TO his going superintendent
to the works.
Al thi. stage the adjourned till Tuesday next
at ten O'Clock