New-York tribune., 1867-02-20

further hearing in the charge against Wilmot Will be-
resumed today at o'clock y. m
SUPREME COURT-Feb. 19.-Before Mr.. Justice SUriiER
LAND.
IMPORTANT ACTION AGAINST SILVER MINING COMPANY
LIABILITY or COMPANIES TO MAKE DISCOVERY OF
BOOKS, SC.
william The con,odel silver Mining Reese River
In this case he complaint and affidayits set forth
that ne being the owner Of some ten mines IN NeYada
valued az oT p Sc nomSo sum Of one dollar the same
were conveyed, but with the understanding that Douh
er %Pu ns then under his control And furthermore
that he would the plaintiff the purchase price
of the mines at whatever sum they were, sold
gotated with j. a. Cheevsr and others, which
with capital stock Of ssOOCGOO That Gould conveyed
the mining property ntruscd to him by the pantiif TO-
he sold To this Company and that this property with
other interests formed The basis Of the fupad stock OF
act apart to Gould by way of compensation Tor he prop
erty conveyed, and other portions were Set nPH I ~
noing The plaintiff further alleges that the Company
have sold of their stock enough to reanze SOo lhat
Gould as Secretary Of a me a. S Es been liked as the
salary the President aud that the salaries Oi the Quiet
The 1Iainff then alleges that Could and the Company
ore prccdng dispose Of the stock set apart to Gould
Witch Gould held as his trustee he also alleges that he
has been in the city long ne seeking settienent
time but had left for Nevada that the company iaa
knowledge of his rights now refuse 10 racTgne log n co te
iractt with Could although he has requested such in
specton The plaintiff caiTs tat ' n Cnr n"n
further hearing for order compelling the company 10
allow snch inspection of books papers and contracts
The Court sraus the apphcaLOn and delivers tue iol
1.-The defendant the Consolidated Sill
vcr Mining Company has not dcmurred to the complaint
but has an swercd or Intends tO answer.
This application /, for an inspection, &c, OF books and
papc i The possession the Company, not under the
eyrd NJ ltutcs but under section 5sS Of The code Con
slcring th, section and rc7. "A 10 II o this Court aud
ng Seaman, SD Barbour, iiO un WHICH case lhe "pP,
r,nu was on afNlayits aud order 10 show cauSe 90
moi Zee autl prlcd 20 deny this application on the ground
that IL should have been D. rtitI" ho "ltHt.B tne
,1newhnt embarrassed b. the ilct that the platiirs
notice motion for the inspection &c. asks not oy Tor
such Inspection, g., for tle palbo1e OF VIII nicM VI
moving Tor the a pertinent of Receiver Of SUPPOSE
snch stock. ptoP&e'l & I'm "u Goid MAY have in the
Company, or which the Company may havo or e9iro
OF Receiver ana ~ lilnncil"n bhl upon hg WN", on on
arr:,siuiuJtoa g. tie papers, am Inclined 10 MINK
ton Sc, hut hoi a' iuH - lho ono Pl.tos,, -, "a
think the Company. II" oihcers or agents, snolIn
alloS tic plaiuf o inspect 1T the office Of the Con-
paiy g dccda contract pipc- d'cungnis OF eltns ", ",
io g. 100 pO~ sion or control showing OF it.g 70
nrourty cor interest. mentioned or alleged ~ the com
ant 70 nyc been transferred by the plaintiff to GGn!d
~ inir or tending show tho consideration p'ld or
i,, ar Z, be- paid or r.ycn by the Company for or IN
cou.dctat1u ~ such transfer by Could or showing pI
,,l IN show the stock Interest " any, which Iould
,s u f, Company, or which the Company ~ any othet
nITiy or parties have hold or The use or benefit of
'}nd 'nS m ~ .'hc times 60 be- fixed by the order
or The Inspection &C. aud The pai9',mI vi sn"H @ cH nay o
t,,i. papers. entries Sc. An order containing sn'tan-
dir,f.I may br drawn ffd settled uu notice.
" poi, for plaintiff; " C. 1rphugcn and James
4 Brady for defendant
Crc3u-Bcforc SIR. Justice T. D. sM1n.
ruE INDI,N AGrNr CASH AGAiN-lHE CASE orENED.
a. w. pc Fay agt. %. g. U-gl.rd - bl
This case it will be- remembered was tried nearly
9sg m ' circuit , Snd .hf % ~ c i'sa a &os y0 sE9S
tI LA f.g
piilnl Nr l.. y cutler couu"l for phin'dt opened
the ease 90 The jury. hIt stated nothing ~ addition to
what ht, already L.ru published. The plaintiff was
then called. and gave -ui'tautay the same testimony ~
plant n nlgrs ubo0Is, were admitted In evidence
The cn.e was then adjourned until This morning
Tho fact. ~ claimed by Mr. Cutler counsel FOR PLAIN.
M are in bicf as follows The notion il brought to re-.
for a." publication of Two lhous papers cGhAln9a
an agent the PawErc Indians. and the other TO W.
Dole he head of the Bncau Of Indian Affairs The INST
letter being sent ir Ja'Hty io ana tr s,eoi o nv ~
june Plaintiff appointed indian Agent IN the carry
pant of 1861 for the trb Of rawnee ndims his duties
being TO pay their nnnuitics ara dsburse Other MONEY
fDr their benefit In accordance win the Hk'hlIuis oi
the Buroau. tho defendant occupied posln.,nn
Dole the ConmioncrO Of Indian Affairs; IL had beeh
suggested 90 plaintiff By defendant ahd nl.9 Py p1n. s
the Commissioner, that nc could MAKE e9ou ,ug lo
himself aud them by prrpetraihg the ItI9h MHrh ney
position to pcrpcrate. But plaintiff refused % have
utythlug 90 10 with the matter. Tho annutcs were
tG6n withheld from him, and the Indians became very I'M
pntcut and violent and III used plaintiff. Ilantu tte-
qucnty sent Tor the annuite but IN vain. The anniles
indians loyal Tho plaintiff not being able To obtain the
auuulues expended nearly alhm private means amount
this stage OF Mt Cutters opening Mr. Fullerton who
ia associated with MI. BcIDlmn J. h5sam ns ,U'ifg t,
ground that The remark, of Mr. Cutler not pertinent
to tho issues ~ raised In the plcldiugS. .
Mr. Cutler then oOntended that his remarks were PERU
ncnt, aud had been admitted Oh the former tiial ,
MI Fuilcrou rcioincd remarhiug that this smply
n question of libel IA question whether the alleged
libd was published not whether pllntiti had bccii a
tempted De sadGced by Government officers and bad
shown immaculate purity In resisting, and nave spent s
substance for the Government
Mr. Cutler then rccnpulated several incidents con
ncctcd With the previous trial. to show that his remarks
wero not foreign 10 the Issues ~ =, -, ,
The Court decided that Air Cutler In MS opening
should have some latitude, bat at the same iiue must
cOuiine himself as much ~ possible TO the issues raised
Mr. Cutler after rcmaIkng that he nearly through.
continued saying that several persons about tc ih9ia
ltSciNatlOn thtHlOI tpots tht icluy hau IsVtiNou
the annnucs ana had kept them PERKINS one on these
persons, went 10 Washington 10 obtain plantiTs re
moyn and succeeded. The COMMISSIONS Dole, suisc-
quently asked for u Commission 10 investigate the
charges against plaintiff, of having embezcd the annu
received the anuuities. Plaintiff subsequently
Dole, and desired ttemen of his QlantnD - accounts
plantiff resued in his excupG;;on, ard no applied
Tor his reinstatement in office, and reimbursement of
private purse for the benefit OF the Indians Mr. Lush.
baugh, TO whom the first cttor had been addressed and
who had instrumental In securing plantfs removal
aud had been appointed to the vacancy was IN washing
ton t % n % Tie io RS HosS w G T WS no TO Ps sr po s
by defendant for the purpose OF preventing plaintiff from
obtaining set tlcmeht Of his accounts reimbursement
OF his expenditures his reinstatement In office Tho
letters we're kept secret from plaintiff. but
shown TO other officers OF the Government for
tile purpose OF showing that plaintiff was defaulter,
and 10 pend arrest the settlement Of his accounts.
The cxcu5e of defendant h that these letters prvi
legged communications and that defendant sent them In
discharge OF his duty 10 the Government, when the fact
WINS thai one Of them sent 10 Lushbaugh, who hadH
jurisdiction over plaintiffs aud both OF the lctteiNwere
cent for the malicious purposes Of keeping LuShaish IN
office aud preventing pahilf nom obtaining Justice.
The letters, complained OF bclous, are as follows:
= OMAHA Cirl, Jan u, 1862
10 D. T. LrsHB, B,UGHl
DIAN sim: Your valued ,yor Of Jan Just o, band, pp-ng Of
ue had