Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-11-08
The southside Railroat-An ex-Confederste
General in Court.

General in Court.
The case of Cornelius X. Garrison vs.
William Malone was called to-day in the
Supreme Court Chamber, and will be on
Friday. The defendant is the celebrated
Gen. Malone, 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 is now
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 a steamer belong
ing to the plaintiff. This was readily pro-
cured, but was subsequently reduced to
$25 900 deposit of that amount having
been made, the defendant was released -
An application is now made by the defen-
dant to have the order of arrest vacated, or
the amount of bail still further reduced
The motion was heard on afidavits of the
defendant 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 oppressively to COM
pei the payment of large sum of money
caused an attachment to be issued at Nor
folk, Va, and had lid boat attached and
detained; that prior to- the attachment the
plaintiff had sold the steamer for $24O, 600;
and that in consequence of the attachment
he bad 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 presi
dent OF the Norfolk and Petersburg rail
road that contract was entered into in
February last between said company and
certain parties owning o 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 10th August last
said company was informed that said Gar
rison, the entire owner of said line of
steamers, had made sale OF said steamers
| to the Baltimore Steam Packet Company, q
| line running in direct opposition and in
competition with the said Norfolk and Pc
tersburg Railroad Company, and thereby
annulling the con- act without any prevl-
Gus notice and that thereupon said rail
road company obtained an attachment
against the steamer George Leary, one OF
said line, for the sum of $50, 200, and that
she had ever since been in the custody of
the officers of the law in said State of Vir-
ginia, to await the determination of court
of law That said steamer had never been
brought within the jurisdiction of this court
| by any person. That the defendant Ma
| hone was a resident OF the State OF Virgil.
MIA, and that his name did not appear In
any mannerin the legal proceedings against
sail. Garrison Or the steamer, and that such
proceedings were usual and III accordance
With the laws Of the State Oh Virginia and
asserted that the affidavits on the part OF
plaintiff used to obtain the order of ar
rest were untrue in every particular relat-
ing to the taking, or detention, or CONVEX
sion of said steamer by defendant.
Neso York Netcs, I'd