The New York herald., 1878-12-20
KILOONA PLANTATION.
Conclusion Of the Testimony in the
Whalen-Sheridan Suit.
AN INTERESTING EPlSTLE.
4 Do Not Say This in Any Spirit
OF 1ntimida ton"


on trial before Judge Wallace and jury in tho
United States Circuit Court-by the statement that
the evidence for the defendant was closed with the
exception of the offer OF few papers The first paper
offered was the order Of the War Department assign.
ing General Sheridan to the command of the Depart
ment of the Gulf. The next paper comprised the
two bills of sale, which already in for special
purpose, and which now offered as proof of
title General Butler objected to their introduction
for any purpose but specially for the purpose Of
titlc and argued his objection very deliberately.
The Court said that the bills of sale already
in for what they worth. 1t was not a bill OF
sale, but it formed part OF transaction by which
title was claimed, and he ruled that they to
main in without any other claims to what they
were worth. Mr.. Herrck then read to the jury the
deposition of Louis Broussard in suit of Whitehead
against Duncan. Mr.. Beckwith offered the acts OF tha
State Of Louisiana for 1866 to show the time when
the courts were held in the parish of ST. Charles and
to contribute to the justification of the conduct Of
General Sheridan. The Court excluded these acts
and the defence closed their case
AN EXPERT IN HANDWRITING.
The plaintiffs then called Mr.. George Simpson,
of Brooklyn, who said that he had been expert in
handwriting for thirty years. The notes dated De-
cember s. 1865, and April g. 1866, handed to the
witness and he said that it his opinion that the
two written about the same time and with
the same kind of ink. In cross-examination by Mr..
Herrick witness shown number Of documents
and asked to say when they written. He picked
out two and said that they were written year so
apart.
Mr.. Herrick-They were written the same day.
Iaughter.)
Mr.. Peter Smith was sworn and said that he was q
paper ruler and had been so for ten years. the two
notes produced must, in his Judgment be from papeB
in the same quire and the same makeup.
A CURIOUS LETTER.
Mr.. Morgan Morgans, Jr., was next called and
said II have the two notes produced before;
wrote one and Mr.. whalen wrote the other; Mr..
Hoyt was in the ST. Charles Hotel at the time; there
was conversation between Mr. Whalen and me as to-
giving this note and Mr. Whalen, Mr.. Hoyt and my.
self were sitting together: when the notes were
made by Mr.. Whalen and me Mr.. Hoyt said, II don't
want to know anything about this" and turned his
back upon us.
The witness then endeavored to address the jury.
and said. That is true. gentlemen, and Mr.. Hoyt
won't deny it if he is put on the stand"
The witness was stopped by the Court and told to
answer the question only. The confession OF judg-
ment of Whalen and himself, he said. for no.
other purpose in the world than for Hoyt to protect
Whalen and himself against Griffin and Porch Hoyt
in the room with witness when Stoll left the
night they went up to the plantation; he knew OF
the tho snaar was moved down to the az f Ahanst
he wrote the bill of sale produced by Mr.. Hoyt yes
terday it was made on the Hard Bargain plantation;
had never had account either of the Hard Bargain
Kiloona plantation from MIR. Hoyt: his understand
ing that Whalen and he were to 80 on Just he
lease up to Hoyt but that part of the programme
for Hoyt to protect them; he remained faithful to
Hoyt 70 the last he united in petition to Sheridan
at Hoyt's request.
Cross-examined by Mr. Beckwith-I knew as much
do now about these affairs when / wrote to the
defendants.
UNPLEASANT MATTERS.
Q. Did you not try to get Mr. Hoyt to leave this
country. in order that his testimony might not bc
given on this trial A. suggested that we both
should 80 prevent unpleasant matters turning up.
In reply to further questions witness said that no
was interested in the suit in October 1875 He was
then shown y letter written in October, 1876 which
he said was from him to Mark hoyt The letter Mss
and in 1t were the following passages:-
the case Of Whasn Is Is, sheridan . soon to be tried
direct in.eres, in the matter simply ask ~ have no
sss q the sss for q sw Wha.s
order issued executed 70 put you in possession As
ss % ts s you % think s
the be a %s h. be tia, b did
proven @ might place you awkward position
S Of r. s II %
1s wGaa om . TO d we ad n @
qnenty twould le well leave out thus
pa.aSe iha, evidence being admitted verified ~
property that became thus wrongtaly possessed o.
consistently avoid being placed the stand
You that can and will quieus of claims
against you IL you think II OF any value
WRITTEN CONTRACT.
I have n written with Whalen that to have
the results OF the suit hence you my posi-
10 live comfortably owing shrink.
age values Should be forced to sell will IL Tden
should electedand IL Is by certain that he
will should get anythng speak Of Of the
would shake Louisiana dust from OIL Tden
or no Tildcn elected. Politically, things very hot
parts The democrats intend IT by any poss-
be, carry this state, but we will overmach them We
probably will have much trouble after election il
elected but should Tden be elected they will
peat tho etri OF September 1875. and thereby take
OF the state House aud all pertaining It, They
advising these bulldozers to keep quiet North
may be exasperatcd-
MRS. wHAIEN TEsTIFIEs.
Mrs Whalcn called and testified that at the
time the Sheridan order she had lived the planta.
ton about three years; Mr. Hoy there when Stol
was put of the plantation; Hoyt raped at the room
door to waken Stoll she saw him come out; they
were confined to one room after the order; Hoyt
asked Whalcn for paper and the matter about the
paper continued for several days; while the sugar
was being shipped to Dennis a. Lewis, New Orleans.
Hoyt said witness that he wanted her con-
hdcncc In him.
The Court ruled this conversation out. and the
witness did not proceed.
This completed the far the evidence was
concerned and the Court opens this morning at ten
o'clock in order that it may be given to the jury ha
afternoon.