The New York herald., 1878-12-19
SHERIDAN ORDER.
Whalen's Suit Against The Lieutenant Gen
sral Drawing TO Close.
MARK HOYT ON THE STAND
Testimony in Reference to the Ownership
of the kilona Plantation.

In the proceedings yesterday in the suit Of Whaen
Sheridan. before Judge Wallace and jury in the
United States Circuit Court. the testimony of Mr..
Mark Hoyt continued and concluded He was
the only witness examined.
He said:--The actual purchase of the personal
property on the Killona plantation made on the
2Gth of December, 1866 agreed to take the property
ut the valuation made at the time of the levy and
under the Judgment for $50 900, which Whalen con-
fessed in my favor on note for that amount; there
is no other paper to my knowledge that Whalen gave
except this memorandum in relation to the personal
property; with the exception OF this note Whalen did
not have any other paper; there talk with
Morgans and myself after the judgments had been CON
fcssed and the Sheriff had been the Kona planta-
ton. at the Hard Bargain plantation i'll Mississppi
NIorgans did not have very high opinion
of cotton planting, and the results on
tho Hard Bargain plantation did not
tend TO change that opinion, but he did
believe in sugar planting; ne wished to sell to me
his interest in the klona plantation; there was
loss of S300o0 in the cultivation of cotton On the
Hard Bargain plantation, and he anxious to 90
into the planting of sugar and he was, therefore.
anxious that myself and my brother William should
have an interest in the Kilona plantation; these are
the bottom facts; he wanted to put in possession
subject; we discussed the thing and Nor
gans did consider that he could have any possible
interest the Kllona plantation beyond $4,000 aud
he urged me to buy his and Whalen's interest pro-
viled Slater would agree to it before Morgans left
the Hard Bargain plantation he was anxious about
it that he made out bill Of sale; went to New
Orleans. anu had that document in my possession.
''rAKE IT UP TENDERLY
Q. Have you it now? A. have.
The witness then took from his pocket wallet and
selected from some papers small folded document.
and giving it to the General said:"I must ask you
to take up tenderly, it carefully and when you
have read it return it to me-
General ButlerI will promise to do all that except
the latter and the Court must be the judge.
q Has this bill of sale false date A. Not to my
knowledge
@. Whose writing is it in =? A. Morgan Morgans,
O. Has my brother Beckwth this ? A.
O. You have not shown it to him A. No. sir. I
showed it to my attorneys, Fellows Mills, OF New
Orleans.
O. 1t has never appeared in any Of the previous
proceedings A. do not know. l did not know
had it until found it the other day.
General Butler then read the document. which
signed Hard Bargain Plantation. December 49, 1866,
dr. all his rights interest and property in the Kona
plantation for $4,000.
Witness resumed--I did not pay Morgan Morgans
$4,000 give him any note; it to stand against
his share OF the loss in the working OF the Hard Bar
gain plantation. which loss amounted to something
like 10000; Whalen wanted me to sign paper Civ
ing him partnership, and did not want to be put
in that position: refused him again and again:
don't think there was any bargain between Moryans
and myself to release the Whalen note of S2OO00
whether was reimbursed not; will de-
lberatcly and upon my oath that the two notes pro-
duced not written with my knowledge in a
room at the st. Charles Hotel; was the planta
tion when Soll reported to have left the panta
tion did not go to put of Stoll from that panta
ton.
A SALE TO DUNCAN.
7 80 hoply Nax
my recollection IL that sold my rights and interest
in the Kilona plantation in March, 1878. to Thomas
s. Duncan; don't remember that showed this bill
OF sale to anybody except my counsel; my impression
In that something said about this bill OF sale to
Morgan Morgans to Whalen; l never knew that
Griffin 4 Porch were about to bring sui: until
served with the papers in the office of the United
States District Court III New Orleans did not know
that there suit; knew from Morgans that
Griffin Porch had claim; Morgans and Whalen
were willing that my brother and / should be
put in the position OF preferred creditors. and
willing that they should do it, there
understanding between Whalen and Morgans and
that after the judgments had been paid they should
have one-third interest in the property of the Kill
Iona plantation, subject to the contract Of SLATER
which gave them one-third the half. and was to
have the other third; from the 2lst OF January-the
day had my lease from Taylor-to March. when l
was enjoincd, have no knowledge that Whalen was
the plantation; ! did not whalen the sth
day OF August. when we went Oh the kona plan
tation, but have no doubt he there; was told
by Mr. Broussard that Mrs. Whalen had been deliv-
cred OF u dead child; Mr.. Broussard was accompanied
by the Sheriff at the time he made this statement
should be put of the plantation, and sand mo, let
them stay, and gave instructions that they might
stay long as Whacn behaved himself, but if lie
did not he to be put or
= A GOOD REVOLVER.
went to General Sheridan to get the order to take
possession OF the pantation recollection is that
went with Mr.. Beckwith to ask him to put Inc
was advised that the then possession unlawful;
presented him petition which was signed by my
self and Morgans, which asked him to put ia pos
session: accompanied the posse: was armed; I
don't know whether the others were; il my habit
n
sons revolver.
General Butcr-They make good many. should
like to know what the size was.
The Court-It was good one suppose.
Wtncss-It was or would not have carried it.
General BUTTERFLY object. if you please Your
Honor. Is to show tina: there exhibition OF
force sufficient 10 overpower persons there.
The Court-Can anybody doubt thaty There was
quite sufficient display OF force. don't suppose
the jury doubt that for moment. Don't waste any
time over it,
Examination resumed-I pretty certain that
Slater the plantation then.
Re-examncd by Mr.. Herrick-Order No. 10, now
produced, dated August q, 1867. the result OF
petition which presented to General sheridan two
or three days previously.
According to the Endorsement Of the Adjutant Gen.
eral on the papers produced appeared that the petit
ton was presented July 80, 1867
The Court adjourned until this morning at eleven
O'Clock when II was understood that the defence
would rest their case after the presentation of several
documents.