Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-10-28

from the evidence, that the defendants, or
either Of them combined, with John b. Alley
and others, to purchase the property claimed IN
this suit at the attachment sales at Il sacrifice
and that they did 50 purchase it at sacrifice
and If they shall further believe that the said
defendants, or either If them III PURSUANCE OF
such combination 50 acted Il To prevent com
pctition at said sales, or to prevent the said
propcrtv from realizing fair value then
such combination and action were fraudulent
and the jury must find Tor the plaintiff.
The jury after being out about fifteen min.
utes returned tho following verdict, to wit -
We Of the jury find the issue joined ior llic
plaintiff, and We find that the defendants are
guilty of unlawtully withholding the premi,cs
claimed by the plaintiff in the dec aratlon meH-
toned, and We further find that the plaintiff Is
entitled in fee simple to the premises mention
ed iu the declaration. The jury were then
sworn to enquire Of damages between the par
ties and returned the following verdict: I've,
the Jury, sworn to assess damages Tor mc>ne
profits and damages for the five years and eight
months (beiug up to time of verdlctl previous
to the institution of the suit for occupation II
the premises in the declaration mentioned BY
the defendants assess the same at $3,Uol.
The following named persons composed the
jury: F. W. Weadon, G. +. Price, Thos Hun.
tington, John H. Dix, Harrison Kirk. Rudolph
Massey J. H. ke 4 B. Crupper. Jacob
Foltz, John Burre R. \. RNdd, Wesley llol-
ensbury.
Judgment by Court in accordance with the
verdict OF jury, and writ of possession awarded:
execution of Judgment on application Of dctrn
dant stayed for 60 days.
The following are the dispositions admitted:
Deposition Of jain C. Balderston.-My name
is John c. Balderston; age 50 five years; reside
in Baltimore, Maryland, am 3 merchant doing
Bsderston, Ward s. Co; / know w. n. Ne
Weigh, Cakes Ames and John B. Alley; have
known MIR. McVcigh personally about III years;
Mr.. Ames | first met in the spring Of 1854; Mr..
Alley have known for several 1 years a as mem;
as agent for Francis Dane s Co., hlmball, Rob
inson s. Co., the last two being Boston firms; also
as agent for the Asiatc Bank of Salem,
Massachusetts; l mad certain notes and claim.
against c. a. Baldwin l. Co., of Alexandria, Of
with these claims to Alexandria; learned that
Mr.. McVeigh was in Richmond or e ewhcre IN
Virginia beyond Ii es; this was some time Ia
the spring or summer Of 1868; l placed the mat
tiers in the hands of Mr.. Beach, Attorney ut
Law, who afterwards instituted suits upon them
against Baldwin & Co; he advised subse-
quently that he had obtained judgments there
upon; and that attachments had been Issued
against the property of Mr.. McVeigh, or por-
ton % it; nothing further WAS done about them
until heard that the property had been seized
by the United States Marshal under the conf>-
cation act, and was advertised TO be sold there
under; upon learning this fact started for Wash
ington and endeavored to obtain q postponenen.
Of the sale: l called upon Mr. Alley IN relation
to It in the month Of January or February lsGi
Mr.. Alley promised any assistance he could
give Us in furthering our object: then went :"
Alexandria; saw my counsel; who advised M
that the connscatlons wouli not stand, ~ the de-
crees of cont-catlon made by Judge Undc?-
wood, were against the fee simple OF the cstnt".
and could not be sustained; after having learned
that | could not obtain tn. poStponement OF the
sale. | communicated with the parties Iii inter-
est upon which Mr.. Dane and Mr.. Robinson
came 10 W ashlngton, arriving there Oh the even
ing OF April 9Th, 1874; the next day We had MI
interview with Judge Underwood in company
with Mr.. Bcach: the Judge refused I" POSTPONE
the sale but intmatcd that We mi ht make some
arrang cement about oar claims; he sad he want
ed - buy dwelling mouse for MS wife. and II
he became the purchaser IL the SAFE, BE- Tor on"
would be willing 10 pay 80 per cen: ut his pro-
portion of our judgments; he informed. IN" .ha.
Mr.. J.. +. Chttendcn, who was Interested IL!
Steamship company, would be Kelly to purchase"
the wharf property, but would not 81 an the
dwelling houses, and advised IL 10 sec Mr.. Chit
tendcn in the AFTERNOON Of same day ot above
interview We met Mr.. Alley on Pcnn>y lvu',in
Avenue Mr.. Robinson a!ormcl Mr.. A.l,y
that The sale WA - take p!ac. The next day; Mr.
Alley advised Us /" buy the property i: not -",!
too high, with the view to secure our claim> IN
der the judgments And attachments: that eT"''-
ing Robinson and myself went - Mr.. Cnitt"n-
denS house; informed him that Judge Under
wood had inIimated that he Mr.. {. IA gnt per
hapS buy tie wharf property; Nj: Oh t".1"'.
Said that he might bay il provided he c"Ulc. e..
it at price which he would consider equiv,tl.:t.
30 fair rent for few years that h. had 40 "l:.
tidcncc in the title To be derived under the
fsca.ion sale; tina: i. would be well for IL T.
Mr.. Thos Clyde, who would arrive in Washing
ton III the morning. and WAS largely Interested
in i steamship corporation; i "as >ugg' SO: -
Mr.. Chttenden that there would be- TO :i:nc IN
the morning to and talk with Mr.. Clvd"
the sale advertised 10 take place ST 100 clock;
upon which We said ne would write u Ju!g"
Underwood asking him 10 postpone the >:.t'.
until he could get there; he accordingy 81. down
and wrote y note and gave it 70 Mr.. Robinson.
addressed to the Judge; the next morning al
the parties met at the Alexand-ia Court H"u,e
Mir. Alley and Mr. Oakes Ames being on board
the boat On which I went with Clyde Mr. Chit
tenden arrived there after Us; Messrs. Dane and
Robinson and myself had al interview with Mr.
Chittenden and Mr.. Clyde in the Court House,
the sale having been postponed; Al this inter-
view Mr.. Clyde refused 20 purchase under the
sale, or to buy our judgments, or, as he express
ed it to have snrthing to do with ii: the sale
took place at y clock m; the property was IN
l. different parcels; the st;ach.uentsin our favor
issued only against or them, and As these We're
separately offered for sale, l gave notice 10 the
byStance-s OF the attachments against them held
by Us; this sale occurred on Monday the llth
day OF April ls4; the Deputy Marshall who SUI
perintended the sale, denied the validity OF our
claims against the property as against the pro
ceedings under the contScation act; portion ot
the property covered By our judgments WAS pur-
chased by q Mr.. Eldrdge; after the sale We All
returned to Washington; l did not see Mr.. Ames
or Mr.. Alley at the sale; learned at Washing
ton that Mr. Eldrdge had purchased the prop
erty for Mr. Anes, and l was afterwards told by
Mr.. Alley that he WAS interested in the purchase
with Mr.. An es; this was on evening otthe day o.:
sale in the lobby oflhe House OF Representatives
the next morning Robinson, Dane and myself
had an interview with Mr.. Ames and Mr. Alley
at the Washington House, Washington: Mr.. AL
ley proposed that We should go in jointly with
them in this purchase, We putting in our jutg-
mcnt claims in the joint concern; that he, Mr..
Alley, could rent the property to the Govern
ment and thereby we should be able to realize