The New York herald., 1866-01-28
THE FEMALE EMIGRATION seMtMF.


THE FEMALE EMIGRATION SeMEh1E.
The Investig ation Yesterday-FurthsP
Dcvciopmcnss I'm the Case-Argu uments
OF Counsel-Amdavits OF Captain Fair
field and Mr.. William L. Dall-0ev.
ernor Andrew, OF Massaehusetts, One %
tho Endorsers Of the Emfgrstien, &c.
SUPERIOR coURT-sPEoIAL TERM.
Before Judge McCann
The argument the Of the alleged frauds Of Mr.
Asa s. Mercer agent OF the New England Emigration Aid
Company in selling worthless tickets to several hundred
females for passage the steamship Continental bound
for Washington Territory, took place yesterday morning
before Judge McCunn. Tho interest felt in the case
attracted larger crowd than usual 10 the court ROOM
and among those present Of the alleged sufferers
by the operations Of the Emigration Society.
Mr. Sterne Chittenden and Jerome Buck appeared for
the plaintiffs tdrs. Thorn and Mrs Balchl and Mr.
Laroque for the California Oregon and Mexico Steam
ship Company.
Shortly after eleven o'clock Mr. Chittenden com.
menced his argument behalf of the people supposed
70 have been swndled by Mercer and read three ad-
ditional afdavits, containing article from the
HERALD stating that the Continental had arrived at
Fortress Monroe, and another by Captain Charles w.
Fairfield which was follows:-
AFFIDAVIT OF CAPTAIN FAIRFIELD.
Charles W. Fairfield, being duly sworn, says that he
and his family were among those left were the plain
departure from said city. Deponent aftor serving
than four years in the army successfully asprvate ser
ana n Nsw N Yoys
BY the representation Of said Mercer he in
duced to embark in the emgrant enterprise
In published yesterday Deponent was one Of
those who were permitted to proceed as far as
PEELED TO leave the ship From his observation of
the conduct Of one Ze agent OF the propretors Of the
N North river and on the way to Staten Island nd and
we there anchored and from careful inquiry In the
premises deponent states as his positive belief that
the said proprieors California, Oregon and Mexico
Steamship Company had knowledge that said Mercer
had issued more than seyentyive tickets, and in q
Mercer
Mr. Chitscndon contendcd that the court sitting in
this case The principal argument urged by the other
side, with great frankncss, that as the vessel had
sailed with the property Of tho claimants and out Of
the Jurisdiction OF the cour relief could be granted
The counsel argued that such not the
The orders to show cause why an injunction
ship corporation, which organized hero and
resident here, and therefore could be restrained from
parking with any property OF the defendant Tie order
tile court could operate primarily ersonas against
ho company and not ~ rem Against the property at
and 70 S SS read S on
The Jurisdiction Of the court attached 10 the thing
through the person, and by simple contact psrvodod
the whole mass, bringing both things and persons
within It's sphere. The steamship corporation being
mere IN eeS.s. s s's sea ths grasp which had been
OF the heart" would not be RELAXED 20 the injury Of the
petitioners In conclusion, Mr. Chitenden argued chat
likened the case TO that OF a New York trustee VINO
should commit breach Of trust into New Jersey
hide the beneficiary property an then return and defy
Mr.. Laroque followed in brief argument on behalf Of
the steamship company Intended TO establish the fact
that that corporation could not be enoned proposed
AFFIDAVIT or WILLIAM
Hc commenced by reading an affidavit Of Mr. William
na1l Utra ~ shn f,tk
Mexico Steamship Company. The affidavit set fort that
the company made an arrangement, IN writing, with
to Sam Fuco on hs conditions %
the following agreement
0ryx OF BES HALLIDAY. IS WILLIAM srnErr.l
New York, Jan. 3, 1896. I
Received from A. s. Mercer eight thousand dollars, in
full for sevcniynve passengers from New York to
Three or less passengers to be allotted to each
stateroom, which they to take care of and
on in %sS rSe@ sr also a1s 10
keep the cabin clean and do necessary for the
good order and cleanliness of the steamer under tine
direction OF the captain. The ship only furnshes prov
sions, and has them cooked, ard state sccommo
daon the bed linen to be washed aod kept in order by
In witness of agreement to tbs above conditions the
vicc President Ct the California, Oregon asd Mexico
Mercer, have signed this in original aud duplicate.
W. DALI vice President
A = MERCER
The affidavit states that sailed on the 18th of
January, with Mr. Dali on board, far Staten Island
where anchored for time that due notice OF the
sailing given 10 Mercer that arriving al Staten
Island, and search being made, somo twenty
people who had not paid their passage money
were found board and all but Eve OF these
who were kept for charity sake were sent ashore
on refusing 10 pay up; that the company have
property of Mercers in their possession, except
bills OF adng deposited by him with the purser of TIE
vessel security for note Of $3.50 made by him. that
tho purser has sailed on the steamer, aud being pai
the $3.50 will be required TO give up the bills OF sdng
20 Mercer who transfer them afterwards being negO
table instruments; and that there completely be-
tween Mercer and the steamship company in the alleged
swlndling transactions
Mr. Iarocque said that he only represented the steam
with tho poor people who had, perhars boen wronged
and deprived OF their money under false prccnsss But
the steamship company had nothing to do with Mercers
transactions and blame should rather fall upon persons
in hieh position who had given their sanction to the
Governor Andrew, Of Massachusetts, among those
endorsing the scheme. Why this he could not say
Usually Governors OF States do hot encourage emigration
from their States unless they are ovcrsocs Cd with
population He had never heard that Eassa-
chnsetts overstocked In that respect; but
perhaps Governor andrew proposed to transfer
white females 10 foreign cline, 10 make for others
that met with greater favor from him. The counsel here
took Of the tickets issued by Mercer and contended
that Il did not appear that they Issued by the
pany, that Mercer their agent The ticket
follows:-
NEW YORK To SEATTLE.