The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-11-05
4irl,u,ond Dispatth,
MONDAY. =. .....NovEMBER S, 1866.
The 1Outhside Railr0Ad-An eXSCon.
federate General I'm Court.

federate General I'm Court.
The case Of Cornelius Z. Garrison rs.
William Malone was called to-day in the
Supreme Court Chambers, and will be on
Friday. The defendant is the celebrated
General Mahone,. Of Mahone's brigade, SO
noted during the last few months Of the re-
bellion for their long and rapid marches
and for their bravery in battle. He iss,ew
president Of the reconstructed Southside
railroad, and Also of the Norfolk and Pc
tersburg railroad. While in New York, a
few weeks ago, the General was arrested
and held to bail in the sum Of 5000, 900 for
the alleged conversion Of steamer belong
ing to the plaintiff. This sowss readily pro-
cured, but was subsequently reduced to
$25, 900; a. deposit Of that amount having
been made, the defendant was released.
An application is now made by defendant
to have the order of arrest vacated, or the
amount of bail still further reduced. The
motion was heard on aflidayits Of the de-
fendant and other persons.
The affidavit on which the order was
made stated that neither the defendant nor
the Norfolk and Petersburg Railroad Com
pany had any claim against the steamer
George Leary or against the plaintiff, but
seeking to use the law oppressivsly to CON-
pei the payment of a large sum Of money,
caused an attachment to be issued at Nor
folk, Va, and had said boat attached and
detained that prior to the attachment the
plaintiff had sold the steamer for $240, 900 ;
and that in consequence of the attachment
he had been prevented from delivering the
steamer to the purchaser, and that said
Malone had converted said boat.
The affidavits on the part Of the defend
ant stated that the defendant is the pre-
sident of the Norfolk and Petersburg rail-
road that contract was entered into in
February last between said company and
certain parties owning line of steamers
running from Baltimore, Md, to Norfolk,
Va, for the transportation Of passengers
and tonnage that said contract was COM
menced, and that on the 18th August last
said company was informed that said Gar
rison, the entire owner of said line
of steamers, had made a sale of said
steamers to the Baltimore Steam Packet
Company, line running in direct op-
position and in competition with the
said Norfolk and Petersburg Railroad Com
pany, and thereby annulling the contract
without any previous notice; and that
thereupon said railroad company obtained
an attachment against the steamer George
Leary, one of said line, for the sum Of
S25, 900, and that she had ever since been
in the custody of the officers of the law in
said State of Virginia, to await the deter
mination of court Of law. That said
steamer had never been brought within the
jurisdiction of this court by any person.
That the defendant Malone was resident
of the State of Virginia, and that his name
did not appear in any manner in the legal
proceedings against said Garrison or the
steamer, and that such proceedings were
usual and in accordance with the laws of
the State of Virginia and asserted that
the affidavits OH the part of plaintiff used
to obtain the order of arrest were untrue
in every particular relating to the taking,
or detention, or conversion of said steamer
by dcfendant.-Ne,o York. Ne,rS, I'd.