New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-03
THE COURTS.
AN ALLEGED GAMBLER BUYING IRON-CLADS.
TESTIMONY IN THE PERUVIAN MALICIOUS
IMPRISONMENT SUIT.

and owner in this city, which has been in progress IN
Part l. Of the Superior Court for about week. was con
cuded Yesterday with the exception OF the testimony ol
Mr. Morgan Of the firm Of Dabney. Morgan & Co., who
was called TO Philadelphia At the conclusion Of the
plaintiffs testimony Tuesday the substance OF WhiCh
has been published counsel for defendant moved u ds
miss the complaint ON the ground Of failure Of proof
This denied, aud MI Nanderpoel summed up l9I le
defense He said he should SHOW Seil,S Il e
of ron- lads all of vhich fell through 10y lau oil pau
and bis Inability 10 fulfill them that Capt. Graham had
advanced about $4,000 ia all 0 Milan aud that MILAN
stand lie snstoined the tuh Of the original affidavit
throughout. and showed that Dominique sought bis
Domjntuez he mel MiIlan n the lattcre office in Pearl
st. that MILAN then represented himself rich Peruvian
associated with I've or SIX other fcruNhns, VINO pro,
posed to pledge S6OO0OO Of property Ia raise s0oOO OF
money " I'M Who 10 purchase come ron-clads from the
United states Government Ia sweep the spanish h,el
from the seas that he sought Capt. Graham from his
knowledge of him large shipOWntr; that ne tod
Capt. Graham II lac would enter INTO the hptculduoh
and keep the matter quiet both could make
view. Capt. Graham entered INTO no iGss tan TX COZ
MILAN failed; that he Ciraham) had expended moneys,
and made advances TO MILAN amounting 10 nearly sleO
90; that among the money 80 advanced TO hndh was
$1,000 diamond rings $500 10 pay the atterse A
pcnscs IN Washington and d-n an additional sum OF ~
TOO: that the real contract between The parties vas ihal
binding MILAN in the penalty Of %OO; that all tlt CON
tracts yers drawn d IN S1 nv han g
were fully and fairly interpreted To hm; that a. Mlas
request he Grahan) had Ave OF FIX ironclals Hhg AZ
different ports surveyed and reported on some OF them
several times; that the price o the Ag1cnt Gus WIS
about [
livery; that ho (Graham) at all umes ready 10 fuih
his part OF the contract but that MILAN was not ia IDl
ion 10 fud his; that among other vessels inspected was
ne Duhd.incfg' LOT "hcn Mt'an 's'u , 10 VV s ~
100000, n she suited; that when III" contract TOT LAc
Agamentcus entered into, all previous contracts ana
papers destroyed except the 5000 notes gwen on
the OuOuddga contract, ana thai al l lIc ~ lil INE
this last contract MILAN acknowledged Indebtedness
10 capt Graham IN Tie slin >leO91. Much more S~t-
Inuny ~ a similar nature adduced ana documents
we're introduced showing that MILAN Acknowledge ne
bonds io nave De- utd ny APT NaLaln - scum, y,
the uhlmcnt Of the contract ana The payment OF MS
Capt Graham testified further that when MILAN r.
turned from Peru the first time. he said he could not
raise the g. 10000 owing to the disturbed Sias OF Tie
country that when the contract i0f the AEancnleus
made, in which tho penalty was sjco@o. and the
10 show to tine Peruvian Government thai when Tie
Government saw the contra and the penalty ~ which
not. then he (Nan) would fuill The conditions OF ihr
collateral contract made with Capt Graham - secure
him for the amount OF his pcnditurc~ ami advances;
the collateral contract between him and Milan modify
ug tao S50OcO agreement provided lat II the Peruvian
Government ai ed to carry ont thc contract ne lEr)
would, nevertheless, reimburse Capt Graham the sl'4
COJ acbuoR lodged between them MILAN got The f!l@H"
OF the bonds from Capt Graham, under promise To 20
TO Pens and induce the Government To acknowledge ana
establish the validity and uecotanity OF The whole
amount OF the bonds Milan did not and afcrWard
gave Capt Graham a- Lis reason for not dong 80 tHai
the money he Wliani had raised on tue 10000 M bonds
had stolen from mm llillan sad tla' me f'rNian
Government had wrOngrd MN, and pre- cntrd the Iuh
meut 0i bis contract. ana urged capt Hl;hG 20 hah5
m loan Of St0Ol VIII, Vas refused, then slg1 ana
down $780, al of which were rcscdaud THIS beane the
turuugpun Of hilIIlns ennity toward mn, lIF.llahj
aWrys Kept Ahian advised Of what "rS being dom IN
he valued ~ eltsl0D tral
occasions, exclusive OF me advances nad Hade mean
tCdatiu n Lc agree uen's 10 The request Oi Nia1,
who sand ne had sent p2pr previously To- Peru, d"tcd
the sd Of OiChtr, ana ne Wdnleo ut'c utteu 80 - 10
har1pruizc with thtm: went 10 Washington to make ar
rauCe1cnt, for the transfer OF the Acrimonious ana paid
800 OO0: was aLscut about week, and on my return
was informed by MILAN mat Prados Government had
til liz tel, and requisite thot should consider me
contract in force for year agreed ~ he N%hd ietih
ma SBOv he owed n, note be returned ne pjoto
including Interest; MILAN said the Chian Minister could
nt take The contract of ms hands hut The Consu sd
np f.
rvr MILAN said hc got the bonds for the cHpr'ts
purpose of dcpos.tug them security for the phr'l"sc
,f unutur- and that hc POI usa ten according
10 his contract with p'iu, and that Consul Iael
they were Government bonds previously Le
niy .sd he could neither funli i've Aament.cus
contract its collateral aud wanted me 10 be liberal
mcut OF Peru owed him SbOC'' and p'op'.ru 'l'I i
bring q sut against him lUr the St,Ap uaued DO me
agreement ana as3 iof ue 49," u"', hso ~
give m OO OF the bonds tu enable hn 70 get money
me Savanccr had iuado to him and Dominique also
proposed ~ pay me 10000 gold or bringing SUITS ahu
ny advances and EXPENSES aaseDted' and he SAID be
would have the agreement drawn ~, and We agreed {"
confederation for the bonds | returned Inn, ana
charged linn with having obtained them from ne
IuInngUrz amounted % over $4,000, only so" 0i %hich
Was paid nack; requested Duncan, SHERMAN, q Co. to
character and responsibility OF Milan tAey icphel bal
DE notorious gano.rr ana eoWd not pay tnrlh
showed That he had advanced on the AgamenticGs con
tract Tor the purpose OF delivering u 10 Mluan. sl2'C0
which Was not gIusaid by the other sde that reports
OF different iud iduals hd been made IN rfnIo Ia tue
ySrnstio of hesr different monitors and pfopellers
that MILAN said he wantrd 10 buy.
Henry ram r. lawyer. testified That ~ had emit for
t uf OF .piorcne the yineut OF iutcres; these
lonos IN uut,iluu ana thal hc was waited up"G ny
Milan. and insisted that Cram should go into MI
lau's titles TO those bonds at all that II would Oily
leopard bis Grams caAr. and would DO no good ana
h. dd Mt want The investigation the ttle 10 the bonds
o. Oe gone into al all. 49,,
The defense produced this testimony 70 show that the
ChIan and Peruvian Governments, which hid reIud-
aod the bonds and published notice TO that effect
would have paid them II they fOuDd IL the hands NJ
an innocent hut II found 10 be- Milans they would
M yer nay Them MILAN mad msappTo pu3tcd Them
Charles Joseph Tracy, Consul for Peru M TINS port,
esied that, H. authority rom the Gov ernne ne had
the notice published rrpudiatiuc tllf bonds.
The defense then called Mr.. secor, slpcarpcnter To
show that Graham had, with reason negotiated ior The
.,s of the monitors Mr. SccOr testified that he was con
suited by Nj. Graham, and agreed "a sell nm the Maho
uac aud Manhattan for s00O00. MI Qhntdrd testified
H. "A similar bargain In regard to the On1nddSa. Ihe
Court then adjourned until IL a. III to-day.