New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-01-29
THE UNITED SERVICE PETRe.
LRUM CASE.
The Defendant DischsPsed from Custody
The Decision.

On the 26th of June last Col. W. W. Mann,
formerly commanding the 7th Michigan Cavalry, was
arrested on the complaint Of George W. Kellogg and
Col w. s. Hillyer. The complainant and defendant,
together with number Of other persons in military and
civil life associated toget ber In joint stock OPP
Grafton under the name Of 1.-THE United Service Pc
iroleum Company OF which Gen. w. s. Hanc oek was
President The defendant was one OF the principal
stockholders In the concern and was Instrumental IN
lis organization. Tie compliments claimed that the
representations made TO them by Col Mann were
false and fraudulent and that the whole affair was
gigantic swinoe On the representations made by the
eOmpainants the defendant committed TO prison
and for one week. after which he al
lowed 20 large by Justice Dodge, under heavy
amount Of bail. Since that time over GOO pages II
testimony hayebecn taken during The various hearings
in the case The prosecution having failed TO establish
any If the points cla.mtd by them without calling on
single witness for the defense Justice Dodge on Saur.
dsy decided 10 dismiss the complaint The defendant
was accordingly discharged from custody. The follow
ing is tie decision Of the magistrate IN the cases
The evidence in this shows substantially this statement
transaction, with George D. Kellogg VIM. 5. Hilyer and
Others (comp snants IN the easel and that nom tueh fea
%ss IN IN the honor snd honesty Of Col Mann /.
unnecessary to rrespnate the evidence showing I'd. se
this relation which most youmnous and tends only 20 the
results stated Suffice to coy that out OF this sequsntane.
and inend.hip he purpose 81 forming company 70 puy
IL Is enough to ssy that company called the United ser.
vice Petroleum Company instituted by Col Mann win
one OF two Others prospectus issued and subscriptions 10
Among those who subscribed and paid were these
psnsn' who wer e' they sss inoaced 90 70 .po'eII9s
claimed by Nj Mann 10 be owned by the Company Is i'm
pOs P1n So D. . IN a, e 70 Go
srntaons upon wich complainant relied were made sd
ton Of the authorities Of New;York
Indeed II Ia manifest vm positive evidence that the money
aud Obtained BY the defendants the abov.nsmed
city Ttsse facts OF themselves. are enough in my judgment
dispute not wholly pve Of power or authority
the csse parties Interested either side II Am
further f.et. given in evidence But il may no, be snss
observe that the matters and things alleged TO have been
breu sufficiently conrsdced OIL proved on the part OF
the prosecution to x upon the accused the crime Of felony
Il 10 CERTAIN that such defect OF title to the property
claimed TO be owned By the defendants has b. shown
would mpue them crime in what they pretended IN that
respect and the value this resrsae proper
be that the evidence Is somewhat contradictory between
witnesses that subject but looking al the who'll
nature Of the evidence given on that point by no means
FAY the lands not at the time and in view Of the
prospective use aid pnIPOs to which was de'ignrd TINY
claimed for them. The IuIs upon ti. subject it, that
fully and .sti'fsqsE'y ccn,,.dicted and denied BY
r.sble testimony feel that this has not been done in
psnces for linking wells aud raising oil Indeed to all tie
ehste property owned by Miami there considerable proof
'ntirr AIRED clearly known is eertsn how
that dtec in that part Of the enough Of
aehood and fraudulent device raise tn. facs Of this
plant the grade crime against the law do they with
the other circumstances mentioned Constitute ase preten.e
within the meaning Of the statute.
1t be by all familiar with the history and crcom.
stances of this case aud highly respectable parties In
already expressed Of the Dsieis facts invovrd il
viii be- unnecessary for to inter into minute and
critical analysis Of the out Of which the suit crosse
enoug has already imsted show that these
defendants must be discharged nom custody and the com
The motion Of defendants counsel to dismss this and
discharge the accused w ;SfIsGrs p0bdr Jo.
The case excited considerable interest at the time Of