New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-23
THE RESIDENCE OF JAMES FISK, JR.-THE OPERA
HOUSE ATTACHMENTS.

Orlando W. JOslyn agt. James Fisk, jr. ana
ohers-Common Pleas. Special Term.-Before Judge
Day.-In these there three OF them) attach
ments levied tho Grand Opera House for an ag
gregae amount OF s52245O the ground OF Mr. Flsks
nonresdence. He moves to set aside those attach
ments adavits OF John f. Cole and r. Goodrich who
swear that they Mr.. Fisk that he resides at NO
3l9 West Twenythirdst and has resided there contnu
ousy from the latter part OF May last and during that
time has been absent from the city more han Tour
nights consecutiyey and that occasion he went on
visit TO the City Of Albany; that he owns req estate III
the city to the value Of $4,000 and all his pnSiness Is ~
this city. Mr.: Fisk himself swears that prior 70
the month OF My last he Was nn5 no seti gs
home domice i'm this state but, nnding his business
required his constant attendance here took up bis per-
West Tweutythrds lie says he Is In every respect
citizen and resident Of this state aud freebooter 10
large amount greatly exceeding the amount OF the claims
against him IN these aCugus, 't mu nS t' ~,
change residence IN good fath, with intent that u
shall be permanent before the transactions on when
these actions are founded; that he has had no ansac
tions with the plaintiff and las no idea OF the nature OF
the action and Is confident there u no claim against him.
Mr. Dudley Field in opening ior no deIehha.., staSsu
that the in this SUIT was Tor relief nut the com
The attachment was granted they found tha was LOT
differences on gold purchases made Dy SPeyets. no
were living in this city. Mr. Field stated that he was sep
arated from hIs wife, and had no cm
dGon avt reply Mi 'a msca re sPdHGe' Tsa
suits and proceedings among the rest his suits against
dence Ills affidavit in the latter suit made as late
~ the sd Of May last Mr. Metcai also testified lnat 10
the cause Of action In these cases nine days before
George IT, Butler testified before referee that he was
Intimately acquainted with him up TO Juno last, up 20
which time lac Fisk profe-eed 10 DC iesldet OF
Boston. where his wife resided that last WINTER "nss
went with Mr. Fisk his wifes house in Boston, that
Mr. Fisk always IN tic habit OF gong TO Boston tGIt
Information had rooms in the Hoffman House, but out
OF business hours he oiencs found him IN house IN
Twenty ourth-st, occupied by Mrs. Josephine l~aWOI
sometimes called Mansfield the divorced wife OF Frank
IawluT. Dr. Fisk generally dlned theie ana BencEaIy
drove from there 10 the Emo offices in the morning
10y IA de
occupy the house No a3 Twehty-thrd ST. OIteueI tah
nce week and that his fortnghtly visits to Boston
Gy moi crsed Watson b. Fair swears that last Spring
or early In Summer. James FISK purchased ana hted up
No ss9 West Twenty .thr,st. for Mrs. Mansfield and
that after purchase, he repeatedly saw Mr. FISK
going as and from that house ana on several oeca
from what he saw and heard he came to the conclusion
that Mr. Fisk frequently lodged ana alehs meals a NO
sT ana occasionally lodged at No 3l3 West Twenty third
~ Henry y HewsOn gave hs statement. under compu
sion that aud Mr. q. O.. GallDaldl an artist IN eseo
Ind contract dore certain frescong with the Erie
V,iroa Co and also did work Nos 3l3 and $50 West
Twenty third ST. aud was paid Tor by the Oeets INC
Company. Mr.. Hoes made affidavit mat ne hai
eTanned the records and from them found that Mr. FISK
and Mr. Gould bought Pike's Opera House for $4,000
the mortgages II amounting TO near 100000 ana mat
he rcst OF the property Standing In Mr. Flsks name
was leasehod. Records TO show the ownership OF the
Boston House 10 10 on Mrs FISK ana that MA Fk mas
assumed mortgages on 1t were prodneed Inc united
states Internal Revenue return Of Mr. FISH maue 40
Boston, April H. 1862 was pIoduced ne returns taxape
Income 25OO and pays 81 on his watches ana billiard
st 81 BOSTON m NAV last Samuel f. McCleary Of
Uo.ton saws he has been registered there as voter
II. Johnson the grocer WHO bupplicS Ht DoStuH
hnuge with groceries nc was always pald either ny
MIR FISK or by his wife by draft New'Iork for goods
sunpled on tie credit Of and charged 10 Mr. Fisk Mr.
Ests Boston barber testcs to rhHNtg Mr.. FISK al ms
Ilnson residence twice during Ortob"r. ana found his
door Mate on tho door. +. NJ. smith swears that lie
| found Mr. Fsks horses aud carriages to be kept
| An Boston. Other afidavits are produced TO the
eject that Mr. Flsks wife still lives ~ Tie Boston house,
mat his name the doOrpatc, aud that he pays the
hills of the family Mr.. Field argued ht all these am
davis were not Inconsistent with their claim. Ihe iuct
Wns that down last May, Mr. Fisk had resided un-
doubtcdy in Boston, but his business was here, ana ne
| yibrated from one place TO tho other III he found
! his business interests here much drawing HIM
| "a 10 induce HIM to change his residence 10
| where hs larger interests were, ana where
the most OF his spent. As for tho story about
c houses IL seemed to have been introduced merely
for scandal or Mr. Fisk supported wholly or IN
MARI his family Boston. his wife chose 10 reside
there and that all the mass OF aldayts amounted
In Judge DAILY said the question or residence was one
| of fact IL was admitted that Mr.. FlsKs
| residence mad been In Boston, ana TO snow
| n change OF residence some clear fact must
| bo adduced 10 rebuff tho presumption that the
e6rnoe continued He did not think any such fact APP
nearrd Mr. Field asked that before he decided the case
poporunty might be gwen 70 him TO rebut the andavs
Of The other side After discussion Judge Day ad
harmed the matter the 5th OF November Mr. ran
derr Mr. j. G. Spencer, j. b. Mrtcalf ana Emott nam
mond aud POmerOy for plaintiff Dudley Fleld ana l. o.
| shearman for defendant