The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-12-10
GEN. SIIERIDAN'S LAWSUIT.
DISCOVERING SOME DISCREPANCIES IN
MIR. WHILEN'S ALLEGATIONS.

hhfts WhAhfN'h stGLhOdAAVNos
Setting Forth One State of Affairs In his Ar
ndavits nnd then ContrndictinR Himself
In his Oral TestIuony-IIs Explanations.
James A. Whalen was subjected to severe
cross-examlnation in the United States Circuit
Court before Judge Wallace yesterday, in his
suit to recover til6, 81 from Lieut. Gen p.
II. Sheridan. on account Of the Generals mill
tary order for the seizure OF Kona plantation.
st. Charles Parish Louisiana. He was pressed
closely on the point OF proving by his own am
davits tho falsity OF his alleged ownership OF
tho Killona plantation. His attention was called
to lease OF the plantation to james A. Whalen
a Co. Although Mr. Whalen denied that James
II. Slater was ever In possession OF the panta-
ton. an agreement was produced between the
witness and Slater by which Slater advanced
money and controlled the management Of TIC
property. Mr.. Whalcn. however. persisted. in
the face OF two written agreements with Slater
one of which allowed Whalcn TO use tn house on
tho promises, that Slater was not in possession.
Could you ship or sell anything without the
consent Of Slater"
&C. would not do such q thing"
" Don'tyou know you did not have the power ?"
Judge Wallace-Did you sell any OF the prop
erty in 1867
Mr.. whaen replied that he sold some.
was your contract Win Slatcr 10Y Wnlcn no
was to take charged carried out 2"
" Yes. up to the time we got into lawsuits"
" Did you assert any control OF this property
except under your lease from Maria Taylor
and these. contracts with Slater ?" Judge Wal
:" We claimed full control" was the answer.
after the Court Ind sharply insisted on one
How az this arrangement with Slater
We entered into an arrangement with Mark
| Hovt"
= Mark Hoyt was the one put in possession by
Gen Sheridan's order on Aug. g. 1851
49,. Is IL true that you were in possession OF
ki !lvna plantation ON Aug. s, 1867 p
-" And your only right was under lease from
Mary raylor to you. Morgans. and Condor. for
What intcrrupted your carrying out tho
ourarrangement with Mark Hoyt"
= But was not Maria Taylor dead q
IL appeared subsequently that Mrs Taylor
| was dead. and that Mr. Whnlen had surrendered
the killona plantation 10 her executor and taken
| out new lcnse. This was n direct contradic-
| ton OF Mr.. Wha,ens assertion that he remained
Mr. whnlen expaned that he made tho ar
| rangcmcnt with Mrs. Tuylor's executor rs n
means OF protecting himself; that he really
never gave up possession Of the property. al
though the papers seemed TO show that he mad
given NJ his lease.
The ncxt point made was 10 show that In or
dor 20 make the sale Of killonH plantation TO
Marx Hoyt Mr. Whalen confessed judgments
III F''NNNs NllN property wis shltl. ana MARK
the sale,
Mr.. Whalen undertook 20 explain this trans
action by saying that the sale to Mark Hoyt was
only formal and technical. not real sale. HIS
attention was called TO his AFFIDAVIT. wherein 1t
was alleged that the sale was a real one,
Mr.. Whalon persisted in saying that this
transaction was only scheme 10 save himself
from loss that he feared he was to be swindled
10y some persons in New Orleans. and had
adopted the nlhn 81 pretended sale nj the sug
with lFgssnl him elps4olv ar this roint la
swered CURLY;
" You ought to know about it. You were a
Why did you enter into this simulated sale
or kill9na plantation? ?"
whalen answered. He then hen declared lee Si that Hoyi
persuaded him IN do IL because no ran n risk Of
hneing cheated 10y his consignees. Griffin and
" Was it not your intention to cover your
property from seizure on execution by Griffin
ana Porch IN making this pretended salel"
An affidavit made by Mr. whalen was then
PRODUCED. in which he ayerred that the sale TO
Mark H9yt was real sale. and Mark Hoyt and
James II. slater were spoken OF as being in
Mr. Whaen explained that he had signed
Whatever Mark Hoyt wanted him TO sign with
out reading Il. because he was told II was neccs-
Judge Wallace asked. Did you ever know
the contents of any afiidRvits you swore 10 in
Yes. sir in the Inter part"
Mr.. Nhalen's attention was called 10 some
hlH lllllli hN Wlll''U Nllf IftN-
ent suit Is founded. and he was asked how il
was That he had sworn both ways, once that II
was honest and then that IL was dishonest when
he pretended 20 sell killona plantation 30 Hoyt
Gen. Butler protested that the witness had not
sworn about honesty. and Judge Wallace sug-
gtsted that Il WAS probably because his lawyer
hat not put Il in FOR him h. swear TO-.
Mr. Whalcn WAS then asked 10 explain howho
could accuse Gen. sheridan Of selling the mo-
lasses IN New Orleans when lin fact the property
bad been sold by "A receiver appointed at Mr..
WhalenH request. A general laugh resulted ut
Mr. Whalen's expense when II appeared 10y his
own testimony that the mOlasses and sugar that
he accused Gen. sheridan OF selling in NV Or
leans. ana pockcting the proceeds. had been
really sold hy a receiver OF his own choosing.
Judge WALLACE finally asked: " IL there any
use examining this witness any furtherW He
added subsequently an intimation that Mr..
Nhalcn had shown great facility in swearing
to papers. and hoped his further examination