The New York herald., 1865-01-04

generally rs:ovs S:n..iS.: ,nso me a., Brbsy Of gov.
s<nmens omcen WAS part Of ths chrUsL
rssrnoNY or cHAs. H. JENKINS.
Cnsss = Jenkins sworn and examinec--Anse m.ysr.
connmenced against the city for Mr. FaSees claim SCOUT
the leth Of september no complaint prepared ssns
lin reference 70 the csss Of Mr. Stoverb and was
ieed % the President who referred II u the Assornsy
General; do not know where Il II now
recess was taken Of dftesh minutes
TESTIMONY or GEORGE 0PDYKx.
.go4 o York and o y
ION with sns @ory was under contract Ct mad. in Il.
other for ten thousand Gibbs brecch loading earbnss
that contract combined the interest OF Mr. FAriee,
BEEN previously mad. By the pssssss on one sSs and
by Mcneil in the OF Bernardus Hsndnckson the
other the original contract was datsd Dec ls 1891 and
the contract Of Mr. Farles with The pstentss made in
pursuance or that, after concluded TO assume ~
position Of Hendrickson dated the 18th Of De-
obtained ths contract from the patentses in the name
OF his friend Hendrokson he Farlee and myself had
contract soaedsnt with 4 with Mr. 1asstsa, gun manu-
factursr vtsA regard 70 producing the srns and q
tho rss understanding between TsrIes, Hcss snd my
nt With the psisnsss :. III So and ssssnay With II.
oonss.os os q sSS sss sS.s nesl should i have ave
81 10 NJ SAsss % cents aud myself 81 70, Mr NoNo
the patentoes through Hendrickson hs had mAe them
advance Of 81 500 which was to bs repaid Qua sf the
one hs that amount he hsa % advanced @ IN :onsy
and given draft Hendrckson for 81 500 thirty
s ns n:
vanced ana pay half Of tho acceptance when due Mr.
in making this contract required an advses q
should advance ono half and the other; and 1t
agreed that Mr. Fasry should attend to tho making sp
OF all the paper End that they should be made in is
name, he being lawyer quaHed TO judge OF the ls
gaty and proper form Of the papers, and thus take all tho
advance then contemplated Mr. Marston said that was
all the sivance he should require; perhaps 1t proper
Jones' That Mr. McSei in This negotiation between Me-
Neil Farley and myself asked that Jones be partner
peremptorily refused, and said would have nethng
whatever TO do with 1t; about the time this thing
consummuted Mr. Mcneil informed me for tho first tme
having previously stated that he had money
and not the whole that this money his wifcs and
desired that the interest should be considered In her
name; that the first ntimatlon that had that Mr.
Mcneil was not in position 10 hold property in his
own name; do not think asked him the question d.
recy whether he had Judgments over him. but that was
the presumption, and had known that nj the time the
negotiation commenced should never have taken
interest In thccontract ct all
II out
Marson; he had previously been engaged mainly in the
manufacture OF guns by hand instead Of machinery
mistaken as TO the amount Of capital REQUIRED IL manu-
featuring by machinery; he called for further ad
vances beyond the 5000, until they reached perhaps
double the amount when refused to 70 further the
insufficient security that could be afforded In business
with which mot familiar and knew 70 be hazardous
unless change made In tho conditions OF this
tract was unwilling to advance my money 70 greater
extent without extra consideration TO the hazsr
gun from si7 50 to Sl7; / then Went on and
advanced $15C00, which agreed to do and nearly
double that sum, when ! again refused 70 go on in
view Of the risk and hazard and the proracted time il
took him TO produce the finished gun; had become
spprchensi,e that tho contract would expire before the
hands; he gave that with money he
could accomplish the object and agreed 70 make fur
condition that no would compensate Il by
nulling the existing contract and making new one for
abate cents OF his interest third contract
was then made at SIC 90 atcr which went on and OK
ceeded the advances promised until had reached
nearly $4,000, and tho finished guns wero not yet
produced Mr. Mcneil, Farley and myself all became
anxious and fearful that Mr. Marston for the want OF
would moi be able to execute the coniract in the time
specified by tho government and that We might DO
rons sufferers and we deemed u imperative that some
change should be made; asked him 70 find other
capitalist TO take my place; he did not perhaps could
not nnd ono TO 40 u asked him. e. an aernssvs 70
my chattcl mortgage In this property and II should be
sold ut auction although tho machinery might bring
worry near its valuo the tools would bring very much
less and II might be runous for him. although might
bc able 70 back the money advanced Mr. Fariee had
consulted different experts In gun manufactures and We
satisfied that with proper vigorous, energetic
agcmcnt the guns could be made at profit and rather
than inuT. Mr. Mars,on and sacrifice money ourselves
We agreed to make tho purchase at fair valuation Of
the property and thereupon appraisers wcrc chosen
by Mr. Mastcn and by ourselves their decision not
TO be hnnl but II both satisfied the arrangement
TO be consummated n that time the contract
stood there prost OF ve dollars gun Of which
Mr.. Faree had sixty cents, Mr.. Mcneil one dollar
and forty i've cents and myself the balance in view Of
my large advances; Mr. Colby and Mr. Knowltom made
sorae items appraised high but when consulted
the appraisers both assured that the valuation was In
their Judgment right and we nay agreed 70 accept the
val 10 m he nketi
mens by the cancellation Of notes which had been given
by Mr. Marston 70 Mcneil and myself, McNeirs being
81 800 secured by chatel mortgage and my nearly
$4,000, and to pay list Of Indebtedness Mr. Mcneil
being more anxious 70 consumnate the purchase appa
renty than l. agreed, without any knowledge OF mine,
TO pay 81 900 in addition to what had bceh willing
offer, for there were certain things claimed a. deduc
ons; & m .on ,,amea ca, 70 embrace con- conssea
ture or tools that matter finally compromised by
deducting about 81 O00 but Mcneil made the agreement
with Mr. Marston TO pay H. and camo ~ and stated
what he had done, and that he did subject TO the
condition that should discount the note for four
do, and the sale was thus consummaied had
no connection whatever with the voting the claim;
took action tho matter; forynlne otlcr claims
sent in at the tme felt that reflections
and misrepresentation would be made Of my
interest In the claim had very clear conycticn that
the claim, instead OF being Too large, tso small
BY the Court-Do You suppose you could not properly
withhold your signature from this particular claim
having signed all the othersy A. Thrt was the be
nevs. @ Amer the claim audited and nald
had you any conversation settlement with Brooks In
regard 70 III A. lesi was INFORMED that Brooks
claimed oil the royalty those thousand unfinished
guns and that he threatened 70 prosecute u NOT paid
considered very proper matter for adjustment and
compromise; told the committee that the rgor Of
examination which had marked their consideration OF
other claims should be obsrved in their treatment OF
this; Sut the large wished 70 have II settled
ss soon possible but Interfering with the claims
OF other parties; sat on the committee which tho
claim Of my son-inlaw (Ar Fsrioe) tried;
invited there; do not know that anything particu
lar occurred; there was cnim made on the city for
losses and expenses; there claim made on the
city for guns delivered 70 the government In presenting
the claim 20 the Supervisors did not say thai had
thing 70 do with it ! never sold my influence for the
uses reported and testified 10 here, which Mr. An
drews would have brousht 10 my election;
thing Of the kind occurred would have had 70 change
my nature In order 10 do so-tConsiderabie troubls
and discussion among csunkcl)-I recommended
Mr. Stanton and NJ waleman for the once Of
Surveyor Of the Port; did because thought
that they best; met Mr. Andrews IN front OF
st. Paus church he said he going o. be Surveyor
Of the port OF New York expressed my Subtraction that
lie had succeeded, shortly after met Mr.. Earcy and