The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-08-25

q WOOD, hereto annexed ana that the facts theron
dspcnens. ana that each and every Of the statements
and facts therein contained are true to deponenVs
Tnat about half an hour AFTER midnight on the nth
of August, dep0nent being ON watch OF said Wave
| let he discovered the Fletcher approaching.
person apparently In charge hailed deponent and
SAID that he would like to come alongside and mako
en c cnE e oap aa Sa1 after e
tain had been on deck and had CONVERSE
Ion with those on the Fletcher as stated In his az
hdavit hereto annexed, he went In the cabin and
Immediately thereafter about eighteen or twenty
men jumped on board the Wavelet from the
the Fletcher and there detained him during all the
acts alleged in the afidavits OF Jonn 9. Wood.
Thatdeponent was SO kept on board the Fletcher
until landed at West Bank.
sworn to before me the 22d August 1S7o--GEoRGE
q. HARVARD, Notary Public, Kings county.
Guy or Brooklyn, county or Kings, ss:--James F.
Pendergast being sworn says that he is one OF the
plaintiffs Ia lhs action; That said paintis are CO.
That they were at the time OF the seizure of the
bark Wavelet as stated IN the foregoing affdavits
the possessors OF the said Wavelet with the right OF
possession thereof winch right OF possession has
ever SINCE continued.
foregoing arldavlfs, without the authority and
against the wil OF the plaintiffs.
That such taking was wrongful and malicious, and
was committed by defendants Tor the purpose or re-
curing and eXtornng large sums OF money from
these plaint0s
That the defendant, Carnochan, is the Health
Officer OF the city OF New York, ana the defendant
Reid Is his assistant That said seizure was made,
and salu acts committed by the color OF Oilce as
such officers as aforesaid, as depOnent believes.
That said seizure and acts were in fact committed
c0rruptly and for oppressive and illegal purposes;
that the claim OF acting by color OF Office was mere
preence upon the part Of the defendants, Intended
to shield them from the consequences OF their illegal
ana eXtOrtonate acts they well knowing that They
had no right, power or authority to commit said acts
or any OF them, or IN any manner TO interfere with
said vessel, and with such knowledge they meant
and intended simply to prostitute and abuse the
power and authority vested In them by law for the
purpose aforesaid aud Tor their own gain and profit
That these plaintiffs were compelled TO pay To the
said defendants, TO procure the release OF said YES
sell the sum OF three hundred and thirty dollars and
over
That at the time OF the acts aforesaid the Wavelet
had been advertised rs ready TO receive freight Tor
Rio Janeiro, and would have been loaded with u
full cargo aud sailed on her voyage before the pres
ent time but for the seizure aud detention afOre-
said; that her voyage has been lost, and she still
lies unemployed at Harbeck's stores
Deponent further says that he verify believes that
the plainiifIs have been damaged in the sum Of
Slo. 200 In consequence Of such acts.
JAMES O. PENDERGAST
Sworn to before me, August ~, 1S70-GEORGE
HARVARD, Notary Public, Kings county.
The defendants were taken before Judge Pratt
and held TO bail in the sum Of $1,000 each.