The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-11-03
8irIlnrond 1ispatth.
SATURDAY.. NOVEMBER 8, 1866.
LOCAL MATTERS.

CI0HT1 lHOUSASD DOLLAhs Onih Or
TOBAccO INvoLvED.--As we announced on
yesterday, the two cases Of Messrs. James
de Rothschild, Alphonse de Rothschild,
and Gustave de Rothschild, under the firm
of Rothschild Brothers, Paris, us. William
w. Weisiger and al, and Us. X. 81. Dibren
and al, came up for consideration before
Judge Lyons at 2 o'clock yesterday after
noon-Messrs. w. w. Crump, Judge Ould,
and Major Darlington for plaintiffs, and
Mr.. L. II. Chandler, United States District
Attorney, and Charles Eames, Of Washing
ton, for the Government of the United
States.
The facts Of the case are these In Au-
gust last Messrs. Rothschild, by their coun-
sci, fled bills in chahcery in Judge Lyons's
court In two suits, one against John ;.
Loomis and Richard II. Dibrell, and the
other against John S. Loomis and William
W. Weisiger, setting forth that in 1859 and
1860 they purchased and paid for three
hundred and sixty-six hogsheads Of very
superior tobacco, expressly adapted to the
French trade, and that they deposited two
hundred and fifty-three hogsheads for fu-
ture shipment in the warehouse OF i. II.
Dibreu, known as Andersoh's warehouse,
and one hundred and thirteen hogsheads
In W. W. Weisiger's warehouse, known as
Myers's warehouse, the former worth in
market now s55, 900, and the latter s25 900 {;
that they took the usual warehouse re-
ceipts from Dibrell and Weisiger, but they
refused to deliver the tobacco to them or
their agents; that some time last year
John S. Loomis (who is special agent of
the United States Treasury Department.
claimed said tobacco, and required Dibrell
and Weisiger to hold it subject to his order
and control. ~ rgI.g.E.a
Just previous to filing the bills, Loomis
had had the tobacco opened and sampled,
and had advertised it to be sold at auc-
ton on the 9th Of September.
The Messrs. Rothschild prayed for an in
junction to restrain Loomis and his agents
from taking possession of the tobacco or in-
terfering with it in any way, and to restrain
Dibrell and Weisiger from delivering it to
him, or removing it from their warehouses.
They also asked the, appointment OF Q re-
ceiver of the court to take possession OF
the tobacco, and asked that IL might be
decreed to be theirproperty.g
Judge Lyons awarded the injunction, and
required Dibrell to give q bond, with good
security, r in the sum Of S75, ,0O0, and
Weisiger bond for $4,000, conditioned
to have the tobacco forthcoming to answer
the decree Of tile court. These gentle
men declined to execute the bonds, and
Sergeant Thomas U. Dudley took posses
sion of the tobacco. ----.-
Of course it will be understood that
Messrs. Dibrell and Weisiger were at all
times ready to comply with their obliga-
tions as warehousemen, but were re-
strained by the agent of the United States
and that Mr.. Loomis is only acting for ths
Government, and aiming to discharge his
duty as an officer. gucr-gg.a J.
On taking up the case of Weisiger, &C.,
Yesterday, Mr.. Chandler submitted paper
writing to the consideration Of the court,
which was neither demurrer, nor plea
in abatement, nor any other legal docu-
ment for which the books have technical
name, which seemed to be in the nature OF
a suggestion or information, but which the
counsel on both sides, for want of a
better name, called ga paper" This pa
per was a sort of argument in favor OF
quashing the proceedings in the case on
the ground that the tobacco In question
was property captured by. the United
States military forces in April, 1865, upon
taking possession of the city of Richmond,
and because the Emperor of the French,
through his legation at Washington, had
made reclamationSin behalf and in protec-
tion of his. subjects, the Mcssrs. Roths-
childs, for the restoration of the tobacco,
and said diplomatic reclamation was still
pending. The "paper" further sets forth
that by reason of the facts stated, and in
consideration the exclusivejuriSdiction-
legislative, executive, and judicial-of the
Government Of the United States in all
cases of capture by its military authority
and forces i'm the course Of it's belligerent
operations, this court cannot rightfully and
lawfully take cognizance of this cause, and
therefore respectfully prays the court te
order the proceedings in this suit to be
quashed, and the suit to be dismissed.
Objection was made by the counsel O
the Rothschilds to the reception of this
paper, and the remainder of the afternoon
was taken up by Messrs. Chandler ano
Eames in citing authorities and discussing
the question of the admissibility Of the
paper. The other side will reply to-mor
row. The merits of the case have not ye
been referred to. TT a
JUDGE LYoNs's CoURT.-Besides the case
of the Rothscbilds, reported ut length else
where, the case Of Howe, Knox & Co. rs
Strong occupied the whole morning
and was continued till this morning, wher
a ;urv will he sworn and the evidence