Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-01-29
Turning Inc Tables.

From the New York Herald Of the 24th
Protean pertinacity Is a characteris-
ticthat maylvery happily be applied to
many cases coming before our courts
for adjudication. The spirit of ltiga-
tion has, in fact, wonderful longevity.
A case that is often supposed to have
received its final quietus in one court
very suddenly turns up in another,
though in a form often bearing very
little resemblance to the original suit.
To this peculiar class of cases belongs
a suit in which Captain John Graham
was the original plaintiff and Antonio
Millan and Carlos DOminiguez were
the defendants. The whole thing, as
will be remembered, grew out OF an
alleged sale Of
MONITORS FOR THE PERUVIAN COW
ERNMENT.
So frequently in connection with the
various litigatiOns following upon the
heels Of this alleged sale has the story,
however, been written up that it is
only necessary to present the story in
an epitOmiZed form. First OF all then,
the story runs that Antonio MILAN
came here from Peru during the
WhilOm unpleasantnes5 between that
government and Spain, bringing with
him a large sum in Peruvian bonds,
and claiming to have been authorized
to purchase by the Peruvian govern
ment some War vessels. Mr.. DOmiu-
iguez was then Consul of Ecuador, anG
residing in this city. The two fell in
with Captain Graham There was q
good deal Of talk and looking about,
and finally, il is claimed, the Captain
sold to Milan@and DOminiguez the
monitors OnOndaga and Agamenti-
Gus, and was paid by the former $780,
600 in Peruvian bonds, on account.
The balance that it Is said was to have
been paid was not forthcoming, and
the result was
sUW NUMBER ONE,
which was brought in the Superior
Court. Succeeding the complaint a
warrant was issued for the arrest of
MILAN and D~OminigueZ, and they
were duly taken in custody on April
II, 1866, and through lack Of SIOO,OOO
bail, lodged Orffteen days.
IN LUDLOW STREET JAIL.
At the end of this time the case
came on for trial, aud the complaint
was dismissed on the ground of want
of Jurisdiction. Following this result
Captain Graham instituted directly
similar proceedings in the United
States Circuit Court, being
SUIT NUMBER TWO.
A d~isagreeabIe feature, at least to
MILAN and Dominique, in cOnnec-
ton with this latter was their arrest.
and a second tune being turned over
to the kind Inequalities of Ludlow
street jail, in default Of $780, 900 bail,
and where they remained during a
period Of fOrty-tWO days, when they
we're discharged by order of Judge
Blatcht0rd. It was meantime decided
by the Judge that in the case Of Do
minigueZ, he being a consulate repre-
sentative of another government, the
court had no Jurisdiction. Since then
Dominique has died. MILAN, how
ever, still lives, and has just brought
SUIT NUMBER THREE,
which is an action against Captain
Graham for alleged malicious prOsecu-
ton and false Imprisonment. This
last suit vas entered upon yesterday
before Judge McCunn, inthe Superior
Court. There is a formidable array
of able counsel on both sides, and the
suit promises to last several days. The |
counsel chosen to open the case said
that the only account that had ever
been given of the 100000 paid to
Graham was that S25, 900 of it
was paid as a
BRIDE TO GIDEON WELLEs,
Secretary of the Navy, to secure
the purchase of the monitors named
above at a low figure. OF course this
only the coUnsel's statement.
But little was done beyond this OPEN
address to the jury. The exami-
nation Of witnesses will begin this
morning, bnt it is not likely that any
new facts of interest will be elected
additional to those developed in the
previous trials.