New-York tribune., 1878-12-04
THE COURTS.

GENERAL SHERIDAN AS DEFENDANT.
MORE TESTIMONY IN THE SUIT OF JAMES A. wHALEN
THE OFFER TO PROVE BY LOUISIANA LAW
THAT MULES ARE REAL ESTATE.
The suit of James A. Whalen against Cen
eraI Sheridan for S4OO 900 was the Of most intel
est in the United States Courts yesterday. Many per-
sons visited Judge Waace's courtroom to see the Cen
eral or to listen TO the eminent counsel employed
Everybody is so anxious you, General said ex-
Register Kaiser, okngy, to the defendant THAT nave
suggested TO the Court you should be lifted up on
platform all good look you" General
Sheridan laugned this he passed out and did not
return for several hours.
The most OF the day consumed in the reading, by
General Butler ana Mr. Eagan the deposItions that
have been for tn plaintiff in the South General
Butler read In mumbling voice that made it impossible
TO hear what he said two yards away, and the jury
looked discouraged.
The deposition OF Louis D. Broussard was read by Mr.
Eagan. The witness said that he merchant, living
the Parish Of ST. Charles louisiana On May l, 1862
he was employed Overseer, manager and superin-
tendent. by the plaintiff, James A. Whalen, To
take the charge OF the KilOna plantation, aud
continued In tins employment until August o, 1867
wnen bis employer was changed, Mark HOyt beng III
stalled IN charge by the order OF General sheridan,
wAch al possessed the plalnth This order ne saw IN
the hands OF Louis BansOG then SAef OF tne PARISH
When tue Sheriff TO he place on August 3, 1867,
from the hUnse He LETT his aud the house
to see what the mter, lie found there the sheriff,
the Clerk OF tne DGtrict Court, A. Duru-
uean, Mark Hoyt, Morgan MUrgans, I. 5.
Johnson and Thomas l.. Deacon. all except
RInsom told the witness that he there with an
order from General claan TO turn over tho plantation
Mr.. WhaIem OF the place. The witness told him that
that impossible, a5 Mrs. Nhaen had Just given birth
cld, which dead ana the witness was going to
bury Il that day The sheriff answered that that
none OF his business as he had orders to put them
about ir, the latter said the family could remain
unu Mrs. Whalcn had recovered. On October
L. 1867, cart was sent TO The mousse on the plaauon
and Mr. Whleu ana MS wife, With their baggage, were
removed 10 the lcvee by order OF sLeTh Ransom lhe
sheriff said that ne Was actlng under the orders OF Gem
cral SHerilau, and Nh MhaIen SAID tAaL he could not
The remainder OF the de osition Of tins witness
lateItO The value vi the properly seized
General Butter read the deposition OF David r.
Lewis. who was a schOOifeacheT in The Parish OF St.
Charles. lie testified that lie was on the khloua uanta-
the testimony Of BroussaId on tn So points. He testi
fed iurtner hat he was Eeu eDaut III the ooh New
York state militia that the plaintiff, james A. Nhaen
WAS q strong Union man, aud bitterly opposed
rebellion; that the plaintiff Was held in nigh
General Banks, and Colonel Thomas. He was a
bearer dispatches from Washington, during the late
NJ ~ Vi"sition with tnat Of several other witnesses
in proof Of the value of the goods ON the panta
General Butler wanted to get before the Jury cir
cumstanccs under which General Sheridan issued the
pului. When this ruled uut by the Court General
Butler called the opposing counsel MI Beckwitn ana
General sheridan induce him 10 issue the order. Mr.
b ckwith SAID he remembered signing petition when
IIoyt Was 10 carry General Sheridan, but he dld
nos remember the Iarticuals he promised 10 produce
the petition to-day. Thomas L. Deacon was called 10 the
md before and testified 10 beng present
O,, KLluua plantation when Wualen was OusteJ. Alter
gvIns particulars OF the eviction be also gave facts
ABOUT the value Of IrODcrty ON the estate, ana
among other things mentioned the number OF
males. Mr. Beckvith sad that he was going
tn raise here the objection made before, that
where real estate was concerned the Court must be gov
crned by the laws OF Louisiana and he on red to show
fha by long line of decisions In tue Louisiana courts,
mules had been held he real estate. Tins source
OF considerable amusement TO the NcW-York lawyers IN
con