The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-06
THE SUIT AGAINST SHERIDAN.

MYSTERIOUS TRANSACTIONS IN CONNECTION WITH
TATIoN--wHAr cRoss-ExAdINATIoN BROUGHT
TO LIGHT.
The anxiety to the "hero OF Winchester and
tho Essex statesman" who are now the principal
personages in the court room of the United States
Circuit Court where the of J. II. Whalcn and
General Sheridan is being heard before Judge Wal
lace and jury, still continues. The was
crowded with spectators yesterday. and of much
superior class Of persons than generally frequent
celebrated trials. Hitherto it has been made up
:irely of men, but the uniformity broken yester-
day afternoon by the appearance of lady, who oc-
cuped seat within the bar.
At the opening Of the proceedings General Butler
asked the Court to allow him to amend the com
plant so as to include damages for the assault on
Mr.. Whaen and his family, and also for the loss of
property not already mentioned in the complaint.
Judge Wallace said that the complaint could be
amended as regarded the property, but that to in
troduce the assault would change the form of the
complaint. and that could not be allowed.
Mr.. Morgan Morgans Jr.. continued his testimony
Of the previous day to the value of the Killona
plantation and the value of the property thereon
the time Sheridan issued his order. Mr. Beckwith
then cross-examined the witness, who said that he
had half interest in the suit that he acquired that
interest about two years and half ago by the pur
chase OF Whalens interest," the suit had already
him about $780, and he had agreed to pay half of all
the expenses
ONLY 'BLrNp."
A bill Of sale. dated December 30 1866 was then
shown witness which he admitted he had made in
connection with Whalen to Mark Hoyt. Some little
sensation was produced in court when the prices of
the articles in this bill Of sale read because they
much lower than what the witness and others
had sworn to in their testimony setting forth their
value. The witness then proceeded to explain why
the bill Of sale contained prices low as compared
with the amount stated in the complaint, and said
that the document was only "a blind in consequence
of Whalen and himself having got into some trouble
with Griffin Porch, merchants in New Orleans. and
that their claim not just an honorable one.
To prevent them defrauding him he and Whalen he
said, had entered into this arrangement with Mark
Hoyt and that it was agreed that each of them should
represent third OF the property. There in
tention to sell the plantation to Mark Hoyt
The Court held that the bill sale could only DO
used as showing the value Of the property. and not
as to the ownership Of the property by Mark Hoyt.
Witness, resuming said. in reply to Mr.. Beckwith.
that 1t was true the execution issued predicaed
upon confessed judgment that the property was
seized and taken out OF the OF witness and
Whaen. and that it delivered up again; that it
was sold in one sense, but never given up.
The witness then told only to answer the qucs-
tons and General Butler responded. II will set all
this right in time.
At this point the witness shown an affidavit in
which he swore that the sale referred to was real
said that he did that to protect himself and that he
did not think he was doing wrong when it was to de-
feat man who would have defrauded him.
Mr.. Beckwth explained to the Court that this afi-
davit was IN proceedings for contempt in which it
alleged that the sale Of the Klona plantation was
simulated and this witness had sworn that it was not
The crossexamination of the witness was then con-
tinued and he was asked to whether I. H. Slater
had not actual possession of the Killona plantation
In reply he said In 1866 Slater exercised control
the plantation but he had not entire custody of it,
that of the period from 1865 to the beginning
1857.
An AFFIDAVIT Of the Witness in which the details OF
the transfer OF the property by Slater Mark Hoy
III the latter part of 1856 and beginning OF 1867 wer
sworn to- read by United States District Attorney
Woodford
After having heard the affidavit read he was asked
by Mr. Beckwih whether he still persisted saying
that slater was not in custody Of the plantation He
replied that he had answered that question before
and he declined to answer it again. The Judge directed
him to answer and he replied that il was not his un.
Outstanding that Slater had the custody.
The witness was then closely cross-examined as to
the number of mules, ploughs and buggies on the
plantation. He was shown contract which he ad-
united was entered into by himself and Slater
An argument followed the production of this docu-
ment and in consequence of the illness of Mr.. Beck
with the Court adjourned at half-past three O'Clock
until this morning at eleven.