The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-23

York. living at No. sla West Twenty-third street, in
the said city, and he has resided in that house con-
tnuously within my knowledge from the latter part
OF May last up TO the present time. ana during all
that period he has never been absent from the said
city more than four nights consecuvely during that
time, and on that occasion he went on visit TO the
city OF Albany In this state the said Fisk Is the
owner In fee OF large amount OF real property In
this city Of The value Of about $500 GOO and MS bus
sworn before me this h dsy Of OCTOBER 1852
MORTIMER SMITH, Notary Public New YORK.
AFFIDAVIT OF p. GOODRICH.
CitD ana County or Ne1o YOr'k.-P. Goodrich, being
duly sworn, says:-I am well acquainted with James
Fisk, Jr, the defendant above named, and have
be-, been .s 50 ACQUAINTED for more than ten years
last past. know the said Fisk TO be resident OF
the city OF New York. living at 313 West Twenty
third street. In the said CITY, and he has resided IN
from the latter part OF May last up TO the present
time; and during all that period he has never been
secutivey during that time and on that occasion ne
went on visit to the city OF Albany in this State.
The SAID FISK Is the owner IN fee OF large amount
OF real property IN this city OF the value OF about
100000, dali his business Is In this city.
p. GOODRICH.
Sworn TO before me this l4th day OF October 1862
MORTIMER SMITH, Notary Public New York.
Judge Daly-Has Mr.. Fisk wife and family re-
siding here with himf
Mr.. Field-He has a wife, but she is separated from
MIN.
Mr.. James q. Spencer. In proceeding to read tho
counter anidavit, said 1t would appear by them that
Mr.. Fisk had sworn to his residence at different
places and at different tlmes that up to the first Of
May last his residence In Boston, Mass; that
since then there has been change In his way OF
living; that his family still continue to reside IN Bos
ton; that he is there himself, ana that his man.
ner OF living here and doing business here is pre-
cisely as was at the time that he himself testified
that he was a resident OF Boston.
Mr.. spencer then read the afdavltS OF the follow
ing persons, the substance OF which is given in the
George II. Butler. The affidavit OF Mr.. Butler con-
tained statement to the effect that the said Fisk
had resided at No. = West Twenty-fourth street,
where deponent had frequently called and trans
acted business with him; that he had Mr.. Dan
time said house was occupied by Mrs. Josephine;
LAWYER, sometimes called Mansfield, the divorced
wife OF Frank Lawler the actor and her mother.
Mrs. warren from California; Mr. Fisk generally
dlned at that mousse and generally drove from there
to the Erie Offices in the morning.
Other aflidavits were read showing that Mr. Fisk
was on terms or "coSe" Intimacy with Josephine,
that he had been walking with her the street
and that he has been known 10 sleep frequently at
Warren Chapin, Jr., in an afridavit sworn to on
the 21st day OF October saysThat he resides in the
city OF New York. and prior to April last he resided
at No. s59 West Twenty third street, which was
owned by deponent's WIFE, Harriet; that in the last
deponent, in company with some other gentlemen,
and said he was looking for two or three houses for
his friends and examined said house, with view to
purchasing the same and requested deponent to call
and see him the next day at the Erie Railway ONCE;
that deponent acting agent for his wife, after
sundry interviews with said Fisk, finally agreed to
sell said house to the parties represented by said
FISK for $40 600; that contract for the sale OF said
house to SAID Fisk or his assigns was prepared by
Mr.. Shearman, who acted as counsel for said Fisk,
and signed by depOnent and afterwards deed Of the
said house to Helen ]. Mansfield was executed by
deponent and his wife at Mr.. Fisk's request and
delivered by deponent TO Mr. Shearman, as attorney
for Miss Mansfield, and he gave deponent several
amount OF the price over mortgage on the prem
ises; that deponent Is not acquainted with Miss
Mansfield, and never met her nor had any dealings
with her. except as aforesaid
Watson b. Farr swears that last spring, early
In summer, James Fisk purchased and fitted up No.
359 West Twentythird street Tor Mrs. Mansfield, ana
that after such purchase ne repeatedly saw Mr. Fisk
going as If to and from that house, and on several
occasions saw his Erie cab standing at It's door. He
states that from wnat he saw and heard he came to
the conclusion that Mr.. Fisk frequently lodged and
ATE his meals at No. s5e and occasionally lodged at
Henry 5. HewsOn gave ms statement under CON-
pulsion that he and Mr. G. G. Garlbaldi, artist in
with the Erie Railway Company, and also did WORK
on 3l3 and $3.50 West Twenty-third street, and was
paid for 1t by the officers OF the company.
Mr.. Hoes made afidavt that he had examined the
records ami from them found that Mr. Fisk and Mr..
Gould bought Pixies Opera House for $700,0oO the
mortgages on 1t amounting TO nearly $500 900, ana
that the rest OF the real property standing in Mr.
Fisk's name was leaselold.
Records to show the ownership OF the Boston
House to be on Mrs. Fisk, and that Mr. Fisk has
assumed mortgages on 1t, were produced.
Fisk. made in Boston Aprii IL 1863 was produced.
He returns taxable income OF S62,500 and pays
fourteen dollars on his watches and billiard tables.
The Boston assessor says he assessed him as q
resident OF Boston in May last
Samuel F. McCieary, OF Boston, says Mr.. Fisk has
been registered there az voter.
Ezekiel 8. Johnson, the grocer who supplies Fisks
Boston house with groceries, says he was always
paid either by Mr. Fisk or by his wife, by drafts on
New York. for goods supplied on the credit OF and
charged to Mr.. Fisk.
Mr.. Fisk's Boston barber testines to shaving Mr..
Fisk at his Boston residence twice during October
and found his doorpldte on the door,
+. M. Smith swears that he found Mr.. FisK's
horses and carriages to be Kept IN Boston
Fisks wife still lives In the Boston house. that his
name Is on the doorplate and that he pays the bills
The AFFIDAVIT OF Samuel Levon who conducts
private detective agency In this city, stated that Mr.
Fisk does not occupy the house IN New York, NO.
1913 West 1wenty-third street, more than once
year, and that he still continues his visits to Boston.
Mr.. Spencer next read the income return of Mr..
Fisk, which had been put In In Boston on the 14th
OF April last and. In which he reported bis income
at $62 500, on which he paid taxes.
1t was further shown tnat he resided at No. "A
Chester square, Boston, wnere his butcher and
grocer, DC. supplied him with domestic necessares
In obedience to his order
Mr. Field, In reply, commended that this attachment
could not be upheld upon a summons for relief
There could not be an attachment In any except
that OF money demand on o contract or an action
for the conversion OF personal property. That this
was not an action for the conversion OF personal
property was shown by the affidavit on which they
mad taken attachment He saw nothing whatever
inconsistent with the position Mr.. Fisk had taken
in all his affdavits.
Judge Daly said that the afldavits showed this TO
be case involving a claim for unquidated
damages, In which an attachment would lie He
thought that Mr.. Fisk's residence In Massachusetts
up to May last had been fully established, and
nothing, In his Judgment, had been produced by the
defendant to show that that residence had been
since changed.
on application OF Mr. Field the further hearing In
the case was adjourned over TO the 9th OF November
In order to give him an opportunity OF presenting
further afdavlts In answer to those OF his opponent