The New York herald., 1876-09-27
Peeuniary Unpleasanlness Between Commodore
Vanderbilt and Benjamin Wood.
ANTICIPATING A DOWRY.
Recorder Hackett on Disorderly
Houses.
Important Charge in the Carl
baldi Trial.

The warmth with which Mr. Shcarman, In the argu-
ment and suit Of Francis d. Mouton against Henry
Ward Beccher, on Monday, denounced the affidavit
then flied on the part OF Mr. Moulton, both as to Its
substance and manner Of vcrdcaton, suggested some
Inquiry what tho real facts in relation its
preparation. This inquiry elected tho information
that the affidavit was prepared Ly Judge s. W. Fuller
ton, under his direction, and prepared with
view to state what regarded by him the facts.
In opposition 10 what Mr.. Shearnan had previously
serted In reference TO MI Moulton having sought to
influence the public mind in respect Of the coming trial
When the afdavt prepared it TO the Office
Of Mr. Moullon TO be sworn to. In the office Of Mr..
Moulton rs a young gentleman who happens to be
notary for Kings county, and who informed Mr.. Moul-
ton that he also had authority tako adavits in the
county OF New York Mr.. Mouton thereupon
10 tho affidavit, which was returned TO the ofce of
Goncral Pryor, with request that OF his clerks
would deliver 1t to Judge Westbrook Monday; and
shis done, General Pryor being himself absent in
Brooklyn General Pryor having The afl.
davit, and Judge Fullerton dreaming any de-
lect in II either as to substance or orm both rep
resented as having been taken by surprise
ponent had denounced it in their absence.
The trouble as 10 the form OF verincaton seems
TO have been simply an oversight on the part of the
notary. Under recent act ol the Legislature was
provided that notary appointed Tor any one county
OF the State should have authority 10 act in any other
Of appointment. This formality 1t appears, the
tary IN this instance had overlooked, and in this re-
spcct only the regularity OF the veridcaon left
open to criticism AS 10 the substance of the aGida
VIZ there seems to be not only no disposition to
make any change, but Mr.. Moulton Is will
ing and dcsrous to have It verified
proper form just us IL stands Its true
intent and meaning arc claimed on the side of MIR.
Mouon 10 be that he never did publish any thing
the commencement OF the suit with intent influence
the pubic mind IN relation thereto. This. It is claim
Cd was true at time the affidavit was made and is
w. l n her
10 swear and was not sworn, that Mr. Mouton had
never made any publication regard 20 tho scandal
That 1t notorious that he had madc divers pubca-
tions IN reference 10 H. 10 deny which he would have
regarded on his part as beng simply idiotc and
capable OF instant dsproof; that these publications
made not TO influence public opinion, but to meet
aud repc OF the her side and inn
possible ior any unprejudced mind TO mistake the real
scope, purport and intent Of his affidavit. Mr. Mou
ton IL firm in his determination to stand by his de-
nounccd affidavit and intimated an intention 10 give
Mr. Shearman n judicial opportunity to stand by tho
truth OF his especially that particular IN which he
says 'the plantiG is anxious TO have excuse for
dscontinuancc, and that the defendant has refused
consent thereto, that statement having been
BY Mr. Shearman on his personal knowlcdge-a sworn
statement that Mr.. Moulton says he has been in.
structed amounts to perjury, for which Mr. Shcarman
10 liable 10 indictment BY the Grand Jury
SUIT BY COMMODORE VANDERBILT.
Tho protracted and painful illness OF Commodore
Vanderbilt does not prevent, II seems his looking
sharply after his legal interests The last suit, or
figures party two suits brought by him against
Benjamin Wood upon three promssory notes aggre-
eating s450o the only difference in the suits being the
Inclusion the latter suit OF the third note omitted
In the Arst action. The notes given Decem-
Der ~, 1875 being respectively Tor two
months, four months and six months, and all
payable at the National City Bank. The notes,
however, went TO protest, and hence the
present suits Mr.. Wood does not deny giving the
notes, but sets up Offset the Of 81 00n
On account OF the notes the 10th Of April last and
Indebtedness to him by Mr. Vanderbilt Of So 900,
growing out OF transactions IN March, 1865 New
York Central Railroad stock. In his reply Mr.. Van
aerbt says he has recollection of any such
ton, und application was made TO Judge Sanford, OF
the Superior Court in which court the suits pend
ing, ior a bill of particulars-thut say for full
statement of the stock transactions referred to- II is
stated in the reply to the to the compliant and
forth the for asking bill of particulars
that Mr.. VANDERBILT IS man who has had for years
tcusve transactions in stocks, that he is
now very Ill and cannot attempt recall
and consider hrs transaction In 1855 with view
ccng and asccrtanng such as defendant might posi-
defendant compelled 10 indicate with precision
the transaction he refers to the plaintiff might then be
enabled explain the to his attorney and pre-
pare Tor speedy trial OF the herein without
being exposed possible surprise incomplete prep
Aration upon such trial Judge Sanford yesterday
granted the application for bill OF particulars Mean
time the signature OF Mr. Vanderbilt 10 the vcrfcaton
to the complaint is tremuously written, showing the
effects Of his protracted Illness though in his usual
manner OF writing his surname Van Dcrbilt