The New York herald., 1878-12-18
SHERIDAN'S TROUBLE.
Mark Hoyt Claims to Own the Kill
Iona Plantation.
BUTLER TAKES AN EXCEPTION.
Judge Wallace Confesses His Ignorance OF
louisianian Law.

The proceedings in the suit or James L. Wnaleh
and General Sheridan continued yesterday be-
fore Judge Wallace and jury. in the United States
Circuit Court. Neither General Sheridan nor his
brother Lieutenant Colonel Sheridan. were present
The only witness examined was Mr. Mark Hoyt
who continued his testimony from the previous day,
and said that Whaen's note for $50. 900 to Morgans
was delivered up by him to Whalen on the latter
making note TO witness for tho same amount
The original note dated December 8, 1865 and
was payable six months after date The second note
dated November "a, 1866 On the second note
whalen confessed Judgment, and levy was made on
the personal property on the plantation The levy
was made in November and continued until Deem
ber 90 when the property was released by replevn-
In the meantime witness entered into negotiations
with whalen and Morgans for the purchase of the
property on the plantation He bought the property
at the amounts named in bill of sale memoran-
durn and witness went the plantation on the 29th
OF December 1866 and the property delivered to
him by Whalen ana MorgaR
Witness then said:-I stated to Mr.. Slater the pur-
chase and he approved of the sale that had made to
Dennie Lewis; John IL. Slater in possession OF
the personal property the Kllona plantation, and
he held for me, with the exception of twelve mules,
in which he claimed half interest; he held it in that
way until the seizure under the sequestration Of the
court; was in possession of the plantation jointly
nutl January /, 1867; then secured lease and
took possession of the property.
A hong argument here ensued to the production
of this lease which already in the in the
shape of copy. for showing the character of the
property that whalen had testified to. General But
Ter contended that it not in for the purpose Of
proving possession Mr. Beckwth replied that under
the laws of Louisiana the copy good except it
could be proved that the copy was forgery
Judge Wallace said that Mr.. Beckwith stated that
the law Of the State Of Louisiana was that the orgi
nal lease left the Office of the notary. who
public officer except the order of the Court. who
order the notary to produce it If the copies pro-
duced in the court supposed to be forgeres, he
would ask Mr.. Beckwith to be sworn and state that
a witness He tthe Judgo) knew nothing about the
laws of Louisiana; he had never studied them and
hoped that he should never have occasion to.
Mr.. Beckwith then examined by Mr.. woodford
and cross-exsrained by General Butler upon this
statement and said that he had examined into the
custody of the original Of this lease and found that
the notary who had the custody of il was dead and
the original was in bound volume. He had
pared the copy himself ana placed his initials upon
the copy.
LOUISIANA NorAR1Es
In the course of the examination Mr.. Woodford
asked the witness how many notaries there in
Louisiana, and General Butler interposed and said.
''Oh, just as many as there are saloons"
The Court said that IL had great doubt what Louisi
public document and would so admit it.
An exception taken by General Butler
Examination of Mr. Hoyt resumed The lease
produced is a copy of the lease in January, 1867
went into possession, and preparations made for
the crop of 1867; there about fifty of seed
cane upon that plantation; Morgan Morgans, Jr and
Mr.. whalen told SO; this cane had been cut off
the roots for planting the 2lst of january, 1867
the cane is cut down and laid up in burrows
and covered up with earth; that fifty acres
used for planting during the latter part OF
January and the beginning Of February, 1867; one
acre IF wi nj
was complefed before the injunction the Condor
Cross bill. and was conducted at my expense; I ad
vanced 81 900 TO Mr. Slater to pay the freedmen, but
whether that money went to remove the sugar to
the levee at New Orleans do not know; sent up
man named Fielding to oversee the plantation when
took the lease, and afterward went up myself
Mr.. Brousard was subsequently overseer and gem
eral manager under my direction; there
deputy marshal the place to that none of the
personal property removed: retired from the
was no agreement between Slater and /, in writing
after / took possession of the lease; when
i informed Mr. Slater that / had bought ont the
interest of Morgans and Whaen; then explained to
him that would carry out the agreement in good
faith squarely and thoroughly; that agreement
listed until Slater failed to pay the rent and he took
sides against in the litigation with Griffin and
Porch; the rent that paid the Of 1866
Ibought Judgment against whalen and Morgans from
Temple Taylor. and in that way paid the rent of
duce it-
The Judgment was admitted and read II was for
$500. and dated January II, 1867.
Witness resiumed.-t done the day as the
ceased af ter he had filed his bill in the Griffin
Porch suit Slater did not then remain the psnta
fion after u e injunction until went m the order
of General fsheridan; up that time expended
several thous dollars the plantation; | paid
namefi Ridge about $500 for clearing ditches
MORE ABOUT sHERrDAs's ORDER.
Q Now, tell the Court and jury, Mr.. Hoyt, what you
did when you received the order of General Sheridan
A. lwenton the plantation with the Sheriff and young
man who was clerk Of the District Court; cannot
remember his name, but know that he the
clerk. becsse filed with him bond for S50.0V0 also
Morgan Morgans, Jr.. and Thomas X. johnson: we
arrived at the plantation early in the morn
ing, and going up the stairs
TO the door Of the porch met Mr. Slater and Mr.
Condor apparently coming out from breakfast; the
Sheriff sasd 10 both of them that he had an order from
General Sheridan which he desired to read TO them
and he proceeded 10 read it, while this was being
done Nr. I. Deacon and young OF the Of
Lewis came forward and put in appearance: Mr.
Deacon and AIR. Condor Immediately proceeded to
pack their trunks and had them removed the leyee
Mr.. Slater proceeded 70 get up the mules which
scattered along the plantation and when he got them
together he turned the property over to the sheriff
aud the Sheriff turned 1t TO me; found J. H.
Slater exercising control this personal property;
did not any else exercising control
it; saw Broussafd there before We lett the house.
aud before Mr. slater left he got the property up
did not see anything Of Whalen; when hrst went in
there was told that he was there: 1 did not
Whalen while the mules being delivered over: he
was not present when the order read; there was
an inventory Of the property made at that time by
Morgan MorgaIs, Jr myself and Mr.. Slater; it
not formal inventory the agricultural implements
we're not included; the mules were included as the
valuable part of the personal property l went
20 the sugar house and found the molasses there
which there at the time left the place: / de
lvered the sugar 70 my agents. Dennis Davis. de-
liverd - them 547 hogsheads OF sugar and sxty-ve
barrels Of molasses, MAslen not on the planta-
ton t. my knowledge from the 21st of January 1861,
TO the time Of the Condor injunction in March, 1867;
he might have been on the plantation without my
knowing IT, he did have right to remain the plan
taiion. lac had charge at that time: mad agreed with
him that he should operate that plantation and that
should pay the expenscs; Morgan Morgans. Jr., was
10 have the control Of the plantation to fur
nish the money for carrying it on.
WHAT HoYT ABOUT SUGAR.
did not take possession Of the sugar in the suvnr
house; the sugar Oarrellod and carted TO the
levce at my expense; this was done by my agent
Morgan Morgans, Jr.; Whalen not on the plsnta.
tion under any agreement, except that which have
described, after January n, 1857 there never was
any suit brought TO my knowledge by Whalen
against know the value Of the crop the plan
taton In August, 1867; have the accounts current
of what the sugar sold for ia New Orleans: they
were sold for the highest price that could be OBJ