The New York Herald Newspaper, September 5, 1856, Page 1

THE NEW YORK HERALD. WHOLE N Tail. MORNING EDITION—FRIDAY, SEPTEMBER 5, 1856. PRICE TWO CENTS. THE NICARAGUA TRANSIT COMPANY. ances of the e p'aintiffs upon their rcwte hereinbefore mentioned, and has never rendered to these plaintiffs avy account of the tickets go issued, or of .‘be passengora voucher for the said coal, which pretemded voucher is in | in said led voucher were ov the the words and figures following, to wit:—~ waidC. J. never purchased Fea SamPasworsoo, March 1; 1864, | barrels of fee atin rere im fact the oreo bun trod THE WALLS OF ThE BROADWAY THEATRE, | ihe'socnatry the'sticrtng Inet ant omging woae oc wear tion to be made, if atlorded the necessary lic to enter ou received by the said defsn- the adjoining gud, and not otherwise, shall at times, from £0 conveyed, or of the passage money of gai.1 pawengers, | C. K. Garrison, Agent Nicaragew Steamship Company, dant on the division him and the & ; ‘, Charge of Extensive Frauds upon the Nicara | und these plaitils have nevor received aa)” compensa: |, Acerintsieainer Corts en TOG, K. Gi ria: Dr... | Chrysler, herelolore set forts nad mal ine et retour. | OPEFAMtons of the Seow ping Machine—Walt of | jhe cunmevcies! vale empleo of sue Serica, gua Transit Company by an Ex-Mayor of | tion forthe conveyatce of sald passengers, ‘Puat theeo | "fi! tens cual purchased for Steamer Cortes, af $4.02) | G4 Voucher is tulse in ovegy ronoe &® Portion of the Wall of the Theatres | port the same dyn proper founiation that f aheM reamnlka Sen Frapcloce—Ouder of Arrest, and wall | [sii sre wssbie lo slate the precise Buinber OUtickets | aint further allege, that upos guts tNay | todded dabufwemont agent Aveks,caat tn the ovid pre, | EZxeltertent fu Broadray. *Becion "Wha ust sia ae eet immoditlye Fixed at $150,000. ascertained, and’ therciore allege, tat upwards Of one | have ascermamed, and they, thocetors: allege tue fuct t | to. the defendant charged to tiese plarroie oor thtentet | _ A cousldereble portion of ome of tho side walls of the STATEMENT OV Mi. MARPILALL. SUPERIOR COURT—SPECIAL TERM. Before Hon, Judge Hof'man, Serr 4,—The Accessory Transit Cumpany vs. Cornelius K. Garvisox —Vhe defendant in this case is ex-Mayor of Sau Francisco, and was employed by the Transit Company as Lundred and forty of such passengers were conveyed on board of the steamship Cortes, (one of the steamships of these plaintiffs, of which the defendant was agent,) from Sap F anoisco to San Juan del Sur, on a voyage made b faid steamtbip, commenciog at San Francisco on or about the fifth day of Feoruary, 1856, and that said passenger were £0 conveyed by virtue of tickets iasued the de be, that the said one hundred and thirty four tons of coal were purcbased by the defendant of the frm of Hastier, Baines & Co. at the price of twenty sive dollars ($25) per tou, less ove dollar ($1) per ton allowed’ ter dischargiig, le ning ae aes actually pat the defendant ter said coa) twenty-four dollars ton; and that these plaintifvs bave in thetr Pe aipiidate of the Broadway theatre fell about balf, past ton o'clock yester- | Messrs, Bowen & McNamee commenced the excava- day morning. As its fall, howeva t, Was expected, every | tons for their new building, now in course of erection om adjoin!: ‘oad’ eatre, about latter: Precaution was taken to preveat le) Ury tothose employed oie May pond bev —_ ine oe gave i= me inand about the premises. Our .readers are already | take down the machinery, furniture, &c., of the stage be- S f erection for | fore runping needies through the but) , for the suppor arate theta new Nodting: wep ta CHS o ey of the walls during the process of prose Son lretuse@ five hundred and seventy-six do! $4,576) for two hundred and eight barrels of four, pe Cc becn tion of said charge forwarded to these’ with snéd ep @ pretended youcher, of which the following is Agent of thetr line of steamships between San Francisco | fendant, us hereinbefore stated, and of which tickets O° f bill rendered by the sald Demy of fiaecior tase ae ©. K. Gannon, Agent SgAus,? 1553: Messrs. Boren & McNamee on the kam adjoining the the | pf permit this, and in the meantime took legal advice up- and San Juav Del Sur, Nicaragua, in the year 1863, and bageenters He panderes no coment to eae vlaintize. to the defendant for said coal, at twenty-tiy rdollars ($25) Stcamahip Company: yin sores. a , atre, and thay the workmen have bees engaged for some | on ben rng ae advised by beg dy) [a4 Visq bp " cl 1 And these plaintifls further allege. uring the pe- er ton, ki a “dona! : . The ik no right jo whi ey pro woul eeeeened Hak offen up to Maree, 1604, when Genera [clr ino peenay ok Iie detemdash for soem, pie hy nina Sent Got) Ror ton for discharging : jecks in ¢xcavating for the foundation ana s as wen Theee plainsiffs, therefore, that in the mutter of the purcause of said one hand red and thirty.8vr tons of coa! the defendant detrauded them of the suetof eight, hundred and four doilare, (804) or thereabouts And these plaintits further atlege that in or eteut the For 20% barrels superfine flour purchased’at $22. $4976 pie Pe seeit 2 payment. C, J. MACDOB ALD. iis further alleged on taformation and belief, that said two ‘bundred and cight barrels ot tlour were never pnrehased by the defendant for account of these plaintiits, but were a part of the flour held by ‘Walker, at bis instigation, a3 is alleged, commenced his Crusade against the company. Doring the poriod of Garrison's agency he received for ‘@coount of the company upwaras of three million and a y a tres] on my property. Messrs. Bot & McNameo Commenced about the letter part of apm, but in couse- | Y ere then motified to that effect. I subsequently con, ; quence of a diff-sulty between My, Marzhwi'!, the lessee of suited with five architects: foauested om to examine heatre, % Sain > it bas been | the walls, and atcerta'n it they could be shored up from pW "to Piesbiona teased yee ‘es cause and | ‘he outside. They made the examination as requested, queatities of coal were purchased by and for these plaintiff and stored in bulks and otber places of deposit at ‘vn Francisco, for the use of the steamships of the plain Uits sailing from San Francisco, That such coal wa: under the charge of the defendant, as agent of the said ct endan a hich the following aif of dollars ; his compensation was liberal, being | biautitts: and those piainiiila allege, upon information Finintise sn Sear eee’ ag pegs Ea oo Caryn ne pie re With the sald W. 1 | progress of this diiculty aro fily so 4 vrth ip tho pore vg hala Sa Ba fh wad }$60,000 per nmoum. This action w to racover the | *4 deliel, that the defendant, in violation of bis duty a | coal purchased by bita (or account. of these plairedu ap i ore. stated, and Wish paid Sudjeined statements of the conterta its them- In our opinion the side wall can, witht perfect safety, be 7 supported and protect without the use of mé es, or selves. From ‘Nese starements it ayy cars tha | Tiviny holes through the wnils, and without interfering with Mr. Marshall retused to allow the workmen term needles | your business, or interrupting it. : This Was sighed by every one of the fve architects. into Ris walls, cn. the ground than! thoy wowt6, interfere |; 25cui0e4 the wall tobe shoes pp te inemaneeny ab with Mis business. These needles are large & ms Of | (he Henar office had been, while undergoing some alter- wood, used for the support of watls of building ‘when | ations. The wails of oue of the schoolhouses mm Green- wad ; Wich street, and several other buildings, were supported thelr Sundations are Deing undermined cream veled. 1 15 stailar manner. Wien the Eeemeny mecke oon Mr. Marsball intimated bis willingness, however, 4». Wow | in prosess of erection the architect asked permission to them te go on with the work, if Messrs, Dewen & Mc- | run neccics into the acjoinug \uildiogs, but the own- by the closing of his theaite during 48 progress; 3 th [ ibe needles was because they would interfere with my parties, however, refused to agree to the terms nrojam od J business. a Messrs. Bowen & McNamee proposed to corepromise by cach; and 90 the necdion were nov'put:te,and @ '° | uno mates and desired i know HimbasooetY wens workmen dit the next best thing, which was-to skere ,” | accept to allow them to proc.ed with their works 3 the walls. Dut it was still deemed unsafe for the womts wanted. I mamed a certain’ sum, which J copeidered men to goc with the excavations, ae the-walls were | WOuld be ay equivalent for the protit® of the theatre ‘ ° during the progress of the work. These term: Considered insecure, and might fali upon them ‘white \| refused toucespe and salt tbyy would wee pay a dollar, cogaged in their work. Under these circumstances # but would go om with the werk and let the wall down, machine called a scoop was procured. This is simply a } In conclusion, © desire to say that 1 have given them gigantic shovel; worked by seven or eight men, by means every opportunity to go on with sheir work in a 4 -wabner, although! bave gota decision aga'mst them im of abandle some twenty or thirty feet loag. With thie ‘the process of excavating was resumed. (1 Mondss: oourt. J allow them also to prop vp the front’ corner of the building; ant it is since thas was donythat they last the workmen had dug a large hole under the si¢e wall of the (heatre, at the distance of about ove hundred Jagt mentioned pretended voucher is also false, in every respect, ond that the defindant in his said disbursement account credited to these plaintifls the proceeds of eaie of one hundred and thirty-four barreig of flour, alleged to have been damaged and sold at auction, amounting to the sum of fowr hun- dred and one dollars and eighty-four cents ($401 84), which one hundred and thirty-four barrels these plaia- tiffs, on information and belief, allege to have beema part Of the two tnundred anv eight ‘barrels hereinbefore: men- ed. And these plaintiffs jurther allege, on information and belief, that the defendant: tne fron time to tine during the Period of his said agency for these plainti(ts, frowdu- jJeptly and corroptly received from persons to whom he j bas given bos paionage in purchasing of them supalics “for the steamships of these plaintits, and employing tiem ‘to do labor for said’ steamships, large suns of mouey as ing them sueb patronage; but the #0 received by the gaid defendant these plaintit’s are unable tostete. “And these plaintitfs allege, upon imformation and: belief, that the result of suck improper and fraudulent ‘conduct on the part of the said defendant hag been to cause the persons 80 paying for the patronage they received to charge 10 these plamtutts for the article? sold: and tabor performed by them much larger prices than they otherwise would baye charged, whereby the plaintitls have been defraud- ed of many thousands of doifars, And these plaintiffs further allege on informtion and beliet that in the course of the buainess of the defendant »gent of theee plaintitla, from time to time gold and con ver'ed to his own use large quantities of such coal withou rendering to these plaintifls apy account of the proceeds thereof, and attempted to conceal such his defalca:ion “a rendering false accounts of the coal furnished from sucl Places of deposit to the steamebips of these praintiffs, in which accounts the defendant fraudently charged to such steamsbips respectively more coa) than had been actually Gelivered to or on board of them; but these plaintifts allege that they are unabie to state the precise amount of coal of the tiffs 80 fraudulently converted by the de- fondant to his own use, but they allego that the value thereof amounts to many thousands of doilars, And these plajatifls further allege tbat the acco rendered i A defendant as hereinbefore stated, were companied by vouchers, which perros to be true vou- chers for the disbursements charged in said accounts respectively. That since the discovery of the frauds herein mentioned, these plaintiffs have instituted an examination of said vouchers and accounts, and have discovered and allege the fact to bethat tbroughout the period of the agency of the defeu- dunt for these plaintiffs, he has carried on a regular sys- tem of fraud upon them, by procuring from persons in his «mployme! nd other persons, vouchers for disburse- mentg charged in hig accounts, which disbursements were never made by the defendant; and in cases wore dis- bursements were made by him for articies furnished or labor performed for these plaintifls, procuriog from irre- +popsible parties and other persons vouchers for much larger sums than were actually paid, and charging in the to the Stet of July, 1864, in whieh account these” plain- tiffs are charged with the sum of nize thousand sif hun. dred avé eighty-six dollers and eighty-eight, cents ($9,686 88) tor coal alleged to bave been purchased of the trm of Bi “y Bond & Hale, of San Francisco. “hat together with said account the defendant transmitted to piaintitls a pretended voucher, purporting to be a voncher for the said sum of nine thousand six hundred and eighty. six dollars and eighty eight cents (90,086 88); but that on examination they have ascertained, and allege, that the suid pretended voucher te not’signed by the said firm of Hussey, Bond & Hule, but is im the handwriting of one of the clerks of the defemdant; and these Plaintiffs are informed and believe, and theretore allege, that the coal mentioned in seid’ pretended voucher was sever purchased, and the money stated therein to have been paid, was never paid by the defendant, and that said voucher is fictitious. And these plaiptiffs further allege, that their steam ships sailing from San Francisco were, during the period of the suid agency of the defendant, furntshed with coal from a coal depot at San yanctsco, which:coal depot was supplied by shipments of coal made by abese plaintills and by purchases purporting tobe made for them by the defendant. That for the purpose of ascertaining the amount of coal consumed by the steamships of the Gefen. dants respectively, and the amount of cord on hand at said depot from time to time, an acconu was kept in which it was the duty of the defendant as-2gent as afore- said, to enter truly the number of tous of coal purchased pum of $100,000, for alleged defalcations of varied ard peculiar descriptions appearing in the com. Plaint. The principal acts of alleged fraud, as far as they have been yet developed, consist of {nbricated vouchers for large sums, and of false charges for prices paid for ‘Coa! and other supplies. It is alieged that the defendant by his system of fraudulent practices has embezzied up ‘wards of half a million of dollars, Tt appears, algo, that he left San Francisco since the nencement of the late excitement in that city, and ° to New York. The Accessory Transit Company, plaintifs in this ac- tion, compisin against Cornelius K. Garrison, defendant Herein, and al'ege that these plainti re and were at the several dates hereinatter referred to, a crporation created by the republic of > gro a in Central America, jend were up to the month of March, 1856, engaged in thy business of transporting Ly myo and freight betweeo the cities ot New York and San Francisco, California, and betwern tie city of New Orleans, Louisiana, and San Francisco, aforesaid, by way of the Isthmus of Nicara- That such transportation was accomplished by means Of steamships belonging to these plaiotitis, and plying between the port of Sao Francisco, aforesaid, and San jluva dei Sur, on the Isthmus of Nicaragua, other steam- hips belonging to shese plaintif!s plying between the ities of New York and New Oricaus and the port of San have gone to wor «with the scoopmg machine. Mir. Marshall furiMer says that the excavatic ‘was at~ or received at taid depot from time to time, ead the num- tended with such Sanger that they Lad to put ot @ third? Fenn oC oluey convepances beast wecaTagus, aud. by J accourts go rendered by him the amousts stated in eald | Ler of tous of coal delivered to each steamer af the plain. | farittrimeny nesta ang scounts, and abaterments | feck from the fromt. The portion of the wall thus cnder- | 240€ Of men. two. tunge having tsmgsed to WANK On i, ns of other conveyances by land and water across | fraudulent vouchers to have beén paid. ‘Tbat tho sums | tifls from time to time. tobim ax event, by persons with whom ho has’ Geait as | mined fell down, leaving a yawning chaém about thirty { 422K that the where bard woult tall the Isthmus of Nicaragua, connecting with the said lines ‘That the coal £0 delivered on board of the steamships Pian St a ee : beets. anpearing by said trandulent vouchers to bave been paid by the defendant have been retained by him out of the moneys of these plawtitts, which came to big hands a3 bereinbetore stated, during the period of said agency, and steamships. ‘That for the proper conduct of said business, agencics established by theee plaintiffs as the city of San Th ir nad: ~ euch agent, but that the defendant has not given credit us the whole alfo'r stands at prevsot to these platutitts for the guns so abated, and bas charg: ed to the plauti'ls tae full amount of such bills. in height by twenty five in width im the side of the bulidmg. Fortunately, as we have said, every. precau: tion was taken to prevent those who were at work about of the plaintiffs was put on board and stowed by sieve- Cores, employed by the defendant for that purpose. News from Central Amortea. ‘That in rendering his accounts to these: playatifls it was : DECFRE AGAINST UNITED STATHS CPMZENS I HOK- \ fs fi: the theatre fom oeing injured, and ouly demage = . Francisco tor the mauagement of the steamships plying | neren moneys so fraudulently retained by him atmoun', | customary for the defendant to torwera to teens vie Aud these piaintiiee fi rther allege on information and i “ 4 . DURAS—PROTEST CP CONSUL—ANTEWALKE® BN- f pt Lng —— yo yoorttee oe Pe oA > hy as theee plaintifis are informed and believe, to a sum | tills a memorandum of the nuniber of tons dalivored ii, [cea the earth ab uae nae Katee neice eecnine | tar Oars ieee partner” the wan ee city o! m- LIrTMENT—DREAD OF FILIBUSTER™~A NEW 90LD MINE DISCOVERED. (from the Boston Traveller, ws.) The brig Helen Jane, C>pt. Nickerson, lest from Oren, Honduras, August 12, arr ved at this port “hs morning. Inthe present interesting orivis in the af=ims of Central’ America, as connected with the buster ex editions from * this country. all of au authontioebaracter fy" that quar- ter will be read with interest; and we have taken paing to gather from the master of the Heleu Jove, who bas lovg been connected in bus.xese with the p: ‘of that country, the result of his oLservations upon “hé present state of affairs there. ht will be remembered that whem Walker (# landed in Nicaragua his advent was loesed upon with Sope by those in Honduras who had any stake in socie.7'in the bebefthat he would estabish % Kberal and permanent government. This favorable Secling is now entire) changed, and all Americans arc now looked upem ‘with suspicion, and by the lower classes with the most dteadl hatred. "Tue suspicious feeling of the governmers 4s ewi- Geneed by the fact that thoy hay? isswed a decre> forbid- ding ail Americans to land at the ports of taat couctry for the purpose of going intothe | terior, The United Consul bad incilectually protested against the eaforce- ten o'clock, that portion of the wall which had been undermined gave way, falling outward, with a terrible crash, and carrying with it {in its fall a portion of tbe scenery. Houses, castles, forests, dungeons, clouds—ail came iumbiing out tn dire confusion, and tt #cemed as it the last day had arrived for the mimio world which lay behind the curtain of the Broadway theatre. One of those comets which, acvordiug to some astrone- mers, are perpetually tlying through space with evil de- signs on peaceful planets, could not be more destructive than was “the scoop ’’ on inal mimic world. There lay the splendid castles ia which k'ngs and nobles had heid their banquets aud drank sir draughts trom golden gob- lets; there, too, the dungeons where prisoners had suflered the torture of years in a single night; there were the ruins of the great cities Venice and Remo, and the gorgeous palaces of Kasvern monarchs, all lying im one coniused heap, and in utter disregard of geo graphical distinctions. The whole mysteri # of the stage were open to the eyes of the uninitiated, and its bidden seurets revealed to the light of day. Aud the instrurnont by which all this was accomplished, which produced this terrible earthquake, was a common scoop; but, like the mighty Hebrew of old who pulled the temple dowa about his ears, it lay buried bevesth the rutas. ring the period of his said agency procured pretended vouchers purporting to be receipted Dilis for bains alleg- ed to have been purchased, which hains never were purchased as stated in said bills, aud has lorwarded euch pretended vouchers to these piatntiifs as genuire vouchers fer goods actually purebesed, and has charged tn bis ageourts rendered to the plaintiffs the omounts stated in eaid —— vouchers to nave beea Pald for such beiws, and bas retained out of the moneys of these Dlatutts the sums so fraudulently charged in gaid accounts, Ata these plaintifls further allege that the defendant bas, tu hie said accounts, charged t> these plaints wy wares of tho sum of six thousand two hundred aud forty dollars ($¢,240) as having been paid by him for reat of a Storeroom im the City of Fan Francisco, That on bi called upon by these plaintiffs to explain his charges for said rent, he informed these plaiviifls that the premises for which eaid reut was cbarged were used for the purpose of stowing merchandize belonging to these plaintiils for the use of their steamships. But on inquiry these plain- tuils bave ascertained, and they therefore alieged that the premises for which said rent was charged were not used 88 a storeroom for the purpose of etoring goods for the greatly exceeding $100,000. And these plaintitts allege the following instances of fraud of the description above reterred to, the particulars of which have among others come to their knowledge: — On or about the 27th day of December, 1853, the de- fendant rendered to the piaintiffs an account purporting to be an account of the moneys disbursed by ine defend. ant at San Franci#co, tor coal and expenses thereon siace the Sist day of July, 1855, the total amount of which al- leged disbursements was one hundrod and sixty-eight thousand two hundred and twenty-eight doilars and se- yenty-six cents ($168 228 76-100). That among the items of saii alleged disbursement account was a charge of filty thousand eight hundred and cighty- two dollars and forty cents ($50,882 40-100) for money alleged to have been paid to C. K. Garrison for coal purchased. That said charge was substantiated by @ pretenied voucher which accompanied said ac- count, and which is in the words and figures following, to Wit:— each steamship, and also a voucher of the stevedore who pur such coalon board of the sleamship, showing the number of tons of coal put on board and the amount paid to ad Stevedore for putting the same on board and for stow tng. ‘And ‘these plaintiifs allege that, during the period of his said agency, the defendant carried on a syatem of with respect to the said coal and coal account, by ing to the steamships of the plaintiffs more tons of then were actually Cellvered on board thereof, and procuring irom the stevetores fu'se vouchers, stating tbat more coal was delivered than was actually delivered on hoard of id steamships. That, a these plaintiffs are informed d; JM. Johnson, one of said stevedores, and as they believe, and therefore allege, the delendant, in pursuance of his said fraudulent scheme, in or about the month of Decem- ver, 1854, procured from said J. M. Johnson a frandulent voucher, in which was charged the coalivg on board of the steamship Cortes, of twenty five tons more coal than was actually coaled on board of said steamship. That in or about the month of Janaary, 1865, the defendant, in pursuance of his said fraudulent scheme, procured from she said J. M. Johnson a fraudulent youcher, in which ips of she praintiffs plying oo the Atiantic Ocean. it the principal of business of these plaiatif'y at their office in the ca ot New York, where the ident and directors of sald company resided and their meetings were held, and thai the accounts of the various agents of said company were revdered to the said com. pany at \heir cifice in the city of New York. hat the duties of the agent of said company at San Leiscu, consisted of selling tickets for passages, collec- the passage money aad freizht, purchasiug coal, visious aud other supplies, for the use of Said Pacific slips, payivg the disbursements and expenses of, ak ‘ng the general care and management oF said wmshipr, and rendering trve accounts of his transac- ons to the raid company, at tne city of New York, and ing to chem at thai place the moneys from time to ia Kis bands as such agent. ‘That on the 2ith day of January, 1853, by « resolation ofthe Board of Directors of the stid company, the Vice Presiaent taereot was authorized to cuter into an agree- rnton behalf of said company with the defendant, fur is Cmployment as agent of said company at Sun Fran- 0. That on the Ist day of February, 1853, the said compa- San Francisco, Oct. 31, 1853. ©. K. Garcison, Agent Nicaragua Steamship Company, ace. steamer coal, s To ©. K? Garrison, Dr. For 200 1.5 tons steam coal, ex Albert, at $25 per in. 00 plaintifls, but were occupied by the defendant and persons fe y Baays demarrage paid.. 0) | Was cbarged the coaling, on board ofahe steamship Uncle bi As it was feared that the rest of the buildin; Id fall } ent of this decree, and had forwarded the documents in by (acting through their mn ea Peeskdent,) entered | 257 tona steam coal, ex ion a $5 per 324999 | Sam, of ity tous more coal oan bad ac actually been put oe cues Be Pats ee ee moneys of | ‘uring the ‘dey, the Mayor ordered s.portion of the polios tre aoatter, by the Helen Jane, to ie government. into an agreement , e detendan * 614 tons steam coals. ex ab 835 per ion 2140498 | on board ot such steamship. That the ‘odant on! : vehic Previous to the issuing of the deeree, a party of “age Mect a8 agent of the said company at San Fran- | luztous steam coals, ex Areuc,at Qi perton--. S55) 42 | paid $0 ead J. Me Johoson lis charges: for patting on | ‘hese plaintiffs, which came to his hands as their agent as | [vrce to keep watch over it, and to provent veliclos from r fae co, Which sgreement is subscribed by the defendant ex Albert, at per ton.. Vice Meaident of the platntifi, and is in the words 4 gurcs fodowing, to wit:— 108 OF THE Accessony TRaxsit Compaxy. caRAGUA, New Youx, lst February, t is understood and agreed between this coupa- It, (hat you are to proceed to San Francisco, ke charge as general agent, and assume the ma- emnel.t #8 such. of the sleamers belonging w the company, ng between Ben Francisco and San Juan del Nur, ani part of the company’s line between New York’ and Ww Urieana ond San Francisco, across the transit route of aioresaid, the-sums s0 charged for reat, and has thus trauded these p'sintifls out of upwards of six thousand two bundred and forty dollars (36,240). And these plaiptitis further allege that the accounts rendered to them by the eald defendant are ia many ro rpects other than hereinbefore specitically stated \aise aid irandulent, and that the cefendant bas retained out of the moneys Of these plaintiffs rescived by him as their ogevt as aforesaid —— Sums of money in addition t those herein specifically mentioned. aud the particulars and amounts of which these plainiiils are now unavle t rupping within too dangerous a proximity. A portion of the front wall was cracked, and a topoment louse ia ino rear was 80 badly damaged as to be unsafe for further habitation, and was deserted by all the inmates. Daring day eeveralthousand persons assembled about. tue building, in expecta ion of gecing it fall; but with the ex- ception ot the damage to the side wall, it remains as it waa yesterday mornip ‘The following are the statements of the contestants:— STATEMENT OF MESYRS. OWEN / M’NAMER. On the 16th of May Bowen & McNamee, through Mr. J.C board and stowing the quantities of coal actually coaled on board of said stea! ps: but these plaintifis allege that in rendering his accounts to them, the dotendant charged the whole amount stated in said fraudulent vouch- ors to have been received by said Johnsen, and retained tbe smount 80 charged out of the of these piain- Ufls, which came to tne hands of the ndants. And these piaiwtifls allege, that the franda committe 1 upon them by the defendant, of the description last above referred to, are very numerous, and amount toa great many thousand dollars: and that from an examination of culturists’ from New Orleans, orgasized Tn ae secretary, &€., bad in great ‘part landed at Omoa, gone tothe gold mines of the province of Oiaaene. Others of the party who arrived aiterwards were refused Veraniesion to proceed, and sxbscquently started for a new « gOIG mine on the coast, thirty mies west from Trarilio, the statements from the Oianche mones are that the dig- gers about paid expenses. Cne digger, who reached Omoa on bis return, stated to Cars Nickerson that the mines there had the appearance of having been dug over at some distaut period, probably a century since. Four ©. K, GARRISON Agent, per T. A. Wakeman. That afver the receipt of said account from tae defend ant the samk was examined by Mr. Tuomas Lord, the Vice President of tae plaintiffs, and on the 3d day of April, 1864, the said Thomas Lord addressed a letter to the de- fen dant, of which the following is an extract:— eect ” state. Wels, their architect, gave notice thaibey intended exc, | habitants of Chicago, who were at these mines, got be company Orrice or tun Accrssony TRAxsIt ComAany, the accounts and vouchers rendered by the defendaut And these pisintifls turther allege th: vating, and offered to shore the theatre wall at their ows | *terved out, and with ditlicuity reached Umoa, where oa Mecapinras lo escttag solesioise stomaneay | CX. Ginnwon, Noo. Gen Frapkaors Oo + 4s a} pears n very any instances that the defondant nas | yi0q of his ngency for them an afmesua, the deiendeer | expense, Hearing nolbing to tho contrary, thoy took 1 | fOte passage nome irom Capt. ‘Nickervon, ‘tho olucrs freight, and in euperimtending aud paying the disvarse Dugn Six—~Upon examining your coal accounts, I notice | Charged to the steamships of the plaintiffs, as having been | Las retainec om of the moueys which came to his hand | for g apted permission was given. The workmen accord- | 60!Dg by the way of Belize. y nis ahd expenses; but you are also to provide and pur | ths! the largest bills of coal (that of S18 October, for insta de‘ivered ou board thereof, more coal than is etsted ia | as their agent the sum of one hundred and eighty thou. | ingly commenced preparations on their premisos to shore ‘The ew mine is said by one of experience, who has eon account of the company. th coal that may bows | wpDpeat WF En. we SANS tac marmite hat Hi PBR ah Re APRederee Lor comling sald tigi “ener” tend. qovl. nlage-ais, 4 ‘and seventy. | UP, dut on application, about the 2b of May, to been there, to be much richer, and he has seet for his Poe ie oe ec CumePat to berreuabursed by tt | "An the company presume that you bought the coals for | these plaimtifis charge that the defendant has kept said | icy agent. Cand these ‘Mains chores nud “elt | tcsventrn wal they were forbidden to.enter, sad t friends to Jom him. Ail articles of war from this ooua- charge, ure com and expense thereof to be re! v them, insiend o! having sold them to tem they parucularly | cog account falsely, and with intemt to defraud these | that -by reason of the frand and wisconduct of | “¢ain am, and tt wv cr Se eas ary e now contraband of war in Hondurag. There ia Giww ing Sk ehodeR EPCANE 2Rd Several American artiste— vive (Harper's), excited such # panic pou Dena Je by two or threo other Americans, that somo of the off cils at Omoa actually pinced guards ot soldiersat the Coors of thelr residences tor protection. Av the capital of the proviuce of Olanche, « mob of na. tives surrouuded the dwellings of several Americans re- siciog there, The alcaldes of the place fortanately ar- rivea th season to prevent any acts of violence, and in the morning an apology wes made. Should Walker be dcteated, Americans in Honduras would be-in a danger- ous position. The authorities of Honduras were busily in raising troops, who are to join the co ition py La pine are und preserve the wall from jujury at their own expense provided they were afforded the necestary license +0 far as wos phe Ang for such purpose. They requestes shat fuch license might be given. On the th of Jone Bowen & McNamee requested a definite answer, and assured the lessee, Mr. Marsball, that if the license was given, ‘hey thould employ competent persons to uphoid the will in the bert method of safety, and so as to interfere with his business as little as mignt be necessary On the request of Mr. Marsnall for explavation, is to tke mavner in which they proposed to do the work, they obtained the services of Mr. Wiaper, architect, J. W. Goodwin, bouse mover. and Alderman Tucker, President of an insvrance company, and formerly an extensive builder—ail gentiemen of largo experience and known 1 "As a cumpersation for these services, you are to receive a 20: Ave per Cut oa receipts, and two and » half pe ton disbursements, wich this proviso, that if the above ‘of commission should yield a retnrn to you of more tha aud dollars per aunam, you are to return such ex- if, on charging two and « receipts aad disbursement « than sixty thousand dotlars you wili then be entitled to any excess over sixty that a commission of 255 per cent ail round ain for your bene: is further nuderstood and agreed that for auy other steamers on the Paci company, Or sich as th eompany’s Hue. This re a eas whieh your house at Paaama may trans. desire that you will forward, as vouchers, the bills of the par- ties of whom you bought the coals. This'is not ooly proper, but T am sure has been omitted to be done without your kngw: ledge or concurrence. in reply to the letter of which an extract is above set forth, the said defendant, under date of June 1, 1854, addressed to Charles Morgan, Esq., who was then the President of these plaintiffs, a letter which was received by bim in due course, and whch is in the words and fuures following, to wit:— Per Sierra Nevada. Aurxey oF i WAN mre plaintiffs of large sums of money; and that he has charged therein to the several steamships more coal than bas beea actually delivered to them, they allege, on informa tion and belief, that such false charges have been resorted to by the defendant for the purpose of concealing defi cicacies in eaid coal account, which deficiencies have arisen from the defendant having charged these plaictifs with pun ‘of coal which were never made, and from hi the deiendant in the conduct of said agency herein. before get forth, he is not entitled in law to any commissions as such agent, ant cuese plaintiffs are en. titled to recover of him the sums so retamed by him for commireic Ds. Acad theee plaintiffs further allege that during the pe- riod of bis said agency for these plaintiffs the defendant arted ag agent of the steamship Sierra Nevada, (a steam ship not belonging 10 these plaintiffs, but which was run ip their said iiue between San Francisco and Sac Juan del Sur,) and that be received and retained out of the earn. ‘of the said seamsbip Sierra Novada for his commis. fobs as sgent of such Steamship about the sum of sixty thousana dollars, ($€0,0(0,) for which commissions these ware not to act ‘a ftaptiation of the charge tast abo turther allege that the defendant, in or of February, 1855, rendered to plaioutts an which purported to be an account of the disbursements made by him for accoust of the steamship Uncle Sam, San Francisco, June 1, 1854, $ x. Bs . Esq — nélose bill of lading for $30,000 shipped by me da, adders 1 eal s force fo > . r “l alntifis claim thai the desendant is bound to accoant to to attack Genera! Walker, but none had yet marched, erent. LY MAL ATE Ty rempecstuly, your ovat | {hia day on steamuhip Alerre Nevada addressed wo Accessory | ‘one of ihe steamships of these plaintifs,) on ber second | hum abity to, jadge in such matiers—to examine the toa, Or caues tin habhret ed rel ich Rmelinr ieee i JAS. DP. OGDEN, Vice President. — | Pramas ann dapii cou’. purchased by me in | voyage from San Francisco; that in ‘said account is | "4,3 these piaintilfs allege that the defendant has not | {ts walls aud internal , T by cl ; ; more were to follow, Business in the country was rather ak aT nisax, Esq. October Inst, Lord bas called for cbirgea the sum of five hundred and twenty-six dollars | raid over to them the moteys herein before alleged to | Writing. ‘The (following is thelr certificate: — cull, acee ‘abor oni ill abide by its terms | taken single v time from the f d twenty-five cents, (3626 25,) a8 paid tothesaid J. | paye been fraudulently retalved by bim, or any part Naw Youx, Jane 17, 1366. From the Boston Evening Journal, PY palette shove prepestions, ont wl Oe SERIOOn. | aoe forwarded tg the company a bill in my own samme for thé Th Jetanta for coating om board of tee anid stecambap | seve.) 7 af - Gextiwnx—In compliance with your Fejuest, webaveto | que {rie "Helen dane, Capt. can Oe pert, amoun ve inform you that we have carefolly examined the south wall of iy eatre, adjoining your property, and we are of opinion t e only way of shoring up the said wall with satety is by the use of long needies, in sections of not more than from six to eight feet. Very vespecifully, oom. Uncle Sam, on said voyage, four hundred and twenty-one tons of coal, at one dollar and twenty five cents ($1 25) r ton Pehad these plaintitls allege, that as they are informed by ly, © K. GARRISON, Agent. Per fT. A. Wakeman. ‘That the letter of which the above is @ copy was companied by pretended voushera, one of which is in ti ‘That aftr the making of,said agreement,"the, defendant Jeit the city of New York for San Francisco, where he arrived prior to the first day of April, 1953, oa which day be entered on the performance of bis duties fas agent of And the plaintiffs claim and submit to this Honorable Court, tbat by reason of the manifold frauds and faise- poocs herein charged upon the defendaat in the con- auct of the said agency and in tbe rencition of his brings aavices from (moa to July 30, and from Truxille to Aug. 12. The news is upimportant. The State was enjoying domestic tranquillity. a Was visible exept the uneasi a r arsuance of a she said J, M, Johnson, and beheve, only three hundred | accounts, they are extitied to a mew accounting by the de- r tablisbmcot of Gen. Walker's government tm Nicaragua, ae aoe a Oe eae eect as amlicats vous | and seveuty.one tons of coal were actually put on board | fondant. vn er the dircction of this court, for all the to Bowen 6 teMaane. Se Goobwrn, | whieh fact bed prodnoed much exeitement throughout the "That the defendant continued to exercise the office of P of the said steamship Uneie Sam, on the occasion ast have during the period of lis ezency for ‘0 Bows: jcNawee. Staup, and bad cogendered amg ths people a dietike te- above referred to; what of those three hundred and se- venly one tons, about two hundred and seventy-nine tons were taken from the ship Arcole, and that Mesers, Jen- nings & Brewster, the agents of the said ship Arcole, paid to the said J. M, Johngon sixty-two and a half cents per ton for dixcbarging said coal from anid ship, and the defendant paid to the zaid J. M. Johnson the further sum oi mixty twoond &@ halt cents per ton, and no more, for joaciog and stowing sain two undred and seventy bine wns of coal on board of the steamship Uncle Sam; that ube taid J, M. Jobnson rendered his bill to the defendant for coaling three hundred aad seventy-one tons of coal, On the 18th of June, Messrs. B. & MeN. handed this cer- tineate to Mr, Marshall, and again requested the license, 80 that they might be no longer delayed, at the came time asuring Mr, Marsball that thoy had no motive or de ire to occasion incon: venience or injury to bis interest, beyond what would necessarily follow from the due course of proceedings on their part. They also gave him notice that, if he continued to withbuld the license, they should be relieved of the reeponsibility and expence of apholt ing the wail, Mr. Marshall, tm reply, stated that the wail vould be upheld without the aid of needies—that be nai Agent of these plnintitls at San Francisoo, under said Agreement, wnt!! the month of February, 1865, And these plaiotiffs furthor alioge that in the month of Febrvary, 1555, they entered into a further agreement, in ‘writing, with the defendant, z psd oe bag og a ‘agency ‘or tbe said company at San }'rancisco - faved up to the Silet day of Mareh, 1866; that the last mentioned agreement was subscribed by she: through their Vice President, and by the tai and ts ia the words and figures foliowing. to OFFICE OF THR AveEssonY TraxerT come to his bands as their agent. Phat they are entitied to recover ofthe cle‘endant the moneys (raudt- tently retained by bim as horetnbelore particularly stated for alleged disbursements, and (ur commission, together with interest and such further sums a# may upon the ac counting bereia prayed (or be (ound to be owing (rom (he cetendant to plaintiffs. ‘These plaintii(s therefore demand judgment against the def.udant for the sum ef five hundred thousand dollars ($500,000) for the sums herein specifically alleged to have been fraudently retained by the defendant out of the wares all Americans. The league now forming in opposi- tion to Walker by the States of Gantemaia, Costa Rica aad San Salvador bas been joined by that of Honduras, and although the latter Power lias notas yet sent any force beyona the borders of the Sate, It wae stil actively en- = Fo Por three days demurrage, at 8 For Sof tons yream coal, ex Blond, wt ®35. For 614 319-2260 ton m coal, ox Shak: For 102 667 2240 tons stam coal, ex Arct Por #5 tons steam coal, ex Albert, at $35 Total........+.++6 Received payme in enlisting solttors throughout the country, to act fe conjunction with the other powers Notwithstanding these preparations by the Siates in league, it was the ction of meuy intelligent persons of Bonduras that. Walker would sustain himself aud consolidate his power im Central America. es ticccce SOBRE 40 ALE CORQUADALE. irther F meys received by him as their agent, and for the com- Amorg the rumors corrent was one to the effect that aun or ne eee Ponies acid Toucheretihey have averinaed, | inclapiog s charge for coaling the sald two hundred aud | [%20B¢?* Tecclved BY Dim oe ee ates a trosencguat | the certificate of co mpatent persons to tbat etect—which, J w fey Shomtasls trade nic insane aaa fay or eeervany, 1603. and Uierofore alinge. that A. McCorquadate, by whom the | seventy-nine tons, at sixty-two anda half conts por ton, | may be vaken under the direction of this court of allthe | however, on request, he declited showing to OM § Star own tutte to entba ta ation: tone aan Jy ye ae J uhtte | voucher, a copy whoreof is next hereinbefore set forth, is } Dut that the defendant procured the said J. M. Johason tO | menics received by the sald deiendant as agent of these ih of June they cifered to g0 0 ny friendly 10 the latter's goverumect will avd iu Gna. ee rider Stan tnciustve, aeeee aac. tie same | and wae'at the date of said voucher « wadlly ieresponei- { alter his said bill, by charging therciu at the rate onedol- | Figiniis, and of the cieposition made by him of their own expense, pr isin cad cogetr tan oleary, tae Ginie aoe Servint on heretst ime ta mvensging, ine, ships oun joyed inthe | ble person, and not a dealer ia That the 614 | lar and twenty-five cents ($1 26 100) per ton for coaling | fic moneys, avd of all sums due from bit to these 4° | only a romor, shows the fears and suspicions with which "s line from San Francisco to San J 19-2940 tons of coal mentioned ia eard pretended vouch. pete’ see ¥ Patanet teh wear ak Poor y hon ow plaintifts in respect of bis traneaction® as their agent as on FR oe eta, hed odered the people now constantly agitated by the dread of er were not purchased of the said McCorquadale, but were purcha:ed by the defendant of the firm of Crosby & IWbbiee, of the city of Francisco, at twenty five dol- lars ($25) per wn. That the body of said pretended voucher t¢ in the handwriting of @ cierk of the defendant and that these plaintiils bave in their possession a dupli- cate, furnished by said firm of Crosby & Dibbiee, of the bill rendered by sait firm of Crosby & [Mbbles to the de fendant for the raid 614 819 2240 tons of coal at twenty- aforesaid; and that the defendant may be adjudged to pay to these plaintifis such further sums as may on such accounting be found due from the defendant to these plaintifis, m addition to the sums herein vefore specitically. claimed, and the costs of this action. CHAS. 4. RAPALLO, Attorney for plaintit. ©. Vanprnmit, President, Dated, New York, Aug. 8, 1856. Oey and County of New Fork, s2.—James M. Cross, ot the Americans. An intense Latred prevails in Honduras against all Americans, whether friendly or otherwise, This feeling bas found expression in a recent decree by the gevorn, ment, in which all Americans are prohibited from land- ing, and none are allowed to go imto the ivterior, The Ceeree is intended to prevent iilibusters (rom. landing, Lut it really excludes all persons. ‘The country rally was in good health. six dollars and twenty five cents, ($626 25400,) and charged the latter sum to the piaintils, and retained the same out of their moneys; wherefore these piaiatitfs al- lege that in the matter of the charge for coaling the said steamship Uncle Sam, on the last mentioned voyage. the defendant defrauded these tills of the sum of two hundred and ninety four deiiars and thirty- eight cents ($49 8), ‘or thereabouts. 8 to store jt up according to bis views, and take all the responsibility of lors end damego. As noon as they coud they bad an interview with Mr. Trimble, when be refused to take the job aud aseume the responsibility, and Cenied that he bad ¢flered to Mr Maraball to do it. Bow. on & MeNewee then «employed Mr. Trimble, as an archi. lect, to superintend the shoring up and under openiag of the wall, according to the pian Mr. Marshall had said he i in the selemen: St the end of tue year \eranigating Sieh Mah Is, Uh stm by. the company, excepting only sen al mereatmay be charged tone owners of the Blerra fevada while running in the line ‘Mr. Garrison is alsoto purchase ‘sieator’s as the company mv 1 fo ship to an Francisco or San J aan \t present, hh coals for the use ot find It for their interest ABA com Mr. Garrison is to charge » commis- + And these plaintiffs further allege that in the accounts | 54:1 city, being duly sworn, doth de} and say that he | bad recommended. A few cays afterw he positively The goid flelds of Vianche, which have excited conside- en ere ce Te et tancene asd a tee ond of a Joss hee therefore, alloge that the defendant de- | rendered by the raid defendant are charges to thoamoust | {.'circcior of the Accessory Transit Company, the plain. J refused to go on and superiuten, as be had agreed abet Aneaieak tes some ta On the 26th June, Mesers B & MoN gave Mr. Marshall notice that as he bed refused the nece: sary license, they rhould expect bim to uphold the walls of the theatre, and that they ehould not be respoveibie for the result if he did not. On the 28th of June Mr. Marshall answered “ The Peepee necessary to enable you go as tar down {nto the earth ss you may choose, alongside and under the south wa!) of the Broadway theatre has already been given you, so far as I bad the power to give it’ aud, of upwards of thirty-nine thousand dollars ($39,000) for payments alleged t) have been made to one ©. J. Mavdon- aid, for merchandise purchased of him, for labor, for rent of @ storesbip, and other charges; and that said accounts are accompanied by preten’ vouchers for te sums therein charged as paid to said Macdonald, which pretended vouchers are signed by him, or in his name. And théve plaintifs allege that the said C. J. Macdon- past, are now declared to be of no great value, hi been worked and exhacsted some 100 years Th ly yield suifictent to pay the expenses of the miners, and some had left the mines. frauded these plaintiffs of the sum of six thousand one hundred and forty one dollars and forty two coots ay 42), in the matter of the purchase of said 614 519-2240 tons Of coal and the rendition of the accoant thereof. ‘And these plaintiffs further allege that in the account of ove hundred and sixty cight thoneand two hundred and twenty cight dollars and seventy *ix cents ($168,228 76), waa a charge o! fifteen thousand six hendred and Sny- nine dollars ($15 65%) for money ailered to e been {te in this action, and bas examined the accounts and vouchers rendered by the defendant as agent of the said company, from the Ist of April, 1555, to the present time. ‘Vhat be bas personal knowledge of many of the material focts alleged in said complaint, and from such his exami- nation of said youchers and accounts, and bis personal knowledge of the matters referred to in the «nid com- plaint, he says that he is acquainted with the facts of this care repay 'o the ‘Any exerss oi commissions charged Fh teat perios, beyond $O0.00%; or if 24 per cot mpon hisre distiursemenia will yield more than 840.000, then the excens beyond 2% per cent all round: The ¥ 8 funds are to be Prompuy remitied without Steamminion, nor isany to ve charged for drawing © . rail restrict fa the contract of Tat Loree, 1863, are to conti this (he same as ii recived a. — rey Si GARRISON 08. Fee that I bave refused any ir license to ag j .. Gi for con) purchased; that said | ald, at the time of signing said vouchers, was a clerk in nd thie deponent further says, that the foregoing com: It ie unirne ; ° — sever es ssory Transit Ceinpany. orgs a pubstanunted bya prownded ‘voucher which | the employment of the said defendant, and waa not, as nt is true, to his own knowledge, except as to those | you to keep up and maintain ‘the wall ¢ lease of the ¢ const and gurrouades by ui iheatre to Mr. Mersball expired on July 24, Om the 25th, they commenced exearations on the streagth of his let ter of Jone 28, rnd afer baving worked some twelve cays, they ehored wpe portion of the wall. They had reached the corner ot the screws under prepara tory to making it th 4 recure, when they were met by an injudction. it wae not deemed safe to leave the wall in that condition, and permission was asked to continue the work for thrie or four hoars, which eruld have been done without any injury to Mr. natters stated on information and belief, aud that as to hose matters he believes it to be true. And further hb not JAMES M. CROSS. Sworn, thia 34 day of September, 1856, before me, N ©. Evexert, Commissioner of Deods. Scremion Covnt.—The Accessory Transit Company agt. Cernetius BR. Garrison —City and County of New York, ss. —Charlen 1. Seabury, of New Bediord, Mass., being duly sworn, doth depose and say, that he was at diffe. these piaintitls are informed and believe, ongaged in any ‘Dusiness on bis Own account; that he was a person of no pecupiayy means or responsibility, and nota dealer in tbe articles in and by the said vouchers represented to have been purchased irom him, and these plaintiffs believe lege that the pretended vouchers signed Mardonald as above stated, are false and fraadu- d that the sums which are alleged to have im, and whieh are charged in the said accounts rendered by the detendant, as having been accompanied said xccount, and which 19 in the words and Ogures following, to wit — Sax Francisco, ( ©. K. Garnisox, Agent Nicaragua? Steamship Company, Thatta purscance of the last mentioned agroement tho Said deferdant continued to act as the agent of there fia at San Francisco, until the discovery of the Sects bererenrter set forth, after which er his @uthority as agent of these plainti'!s wes revoked. "and these plaintiffs further allege that from time to time during the period of his avency for them, the anid defendant ba» rendered accounts to» these plaintitls ft the city of New York, parportiug to be the accounts of fe agent of theme platotiffs at San fran ingle B. Gill, of Atlanta, Ga., died June 1, r ibe road {rom Truxiilo to Olanche; also, Jane Horeley. The latter accidentally shot himeeis. were beth members of a mining company tromthe United States going to the gold mines of 0! 5 Theatrical, Musteal, Ke. Acapeay or Music. —Mme. De La Grange ts 1, give, her ad mirnbie version of the heroine of the of ' La Sonnam. bul supported by 8 Brignoll, Colett, 4. 10, 1963. fo C. K. Gannisox, Dr. . . M, 149 tons coal ex Pales, at $30 50 wo, Reliance, at $81 76. “ 4, Goodtine, at $52 Aleiope, at $31 his evenin ? rent times during the years 1868 and 1854 commander a I} made secure This permission was | me. Seidenberg, varions favoriies, cinco, by which accounts so rendere:t it appears that he Received payment on account, sme vag = teaiatite sitoge that the sald” de at med as re Yet | of the seamships Pacide, Cortes tye a ony ‘Mare hat at the same time stating a be witttios Osnous The Areal comedian, Me, Barton, ie 10 ix 3 } . ss ; oa nee tt 00) ‘ ond e e enefit amd make pearance heruae Bae 0 ee Car Arlt nce’ mrowenn, ace cn ert WEA | ed out ot their moreys the whole amount stated in said J three cf the steamne ips of the plaintit piyteg, Wetwnas wall would lt inte eeOtatutiag evening, | Pight.. Te pings vwa ot hia, ben charediave—Dlly Lackatar, next Monday mornivg—this was on Satur ihe © art deeiced that thocgh Bowen & Mei dene all that they could, Mr. Mareball had given them no sveh permisrion as contemplated, and tha, therefore, they must be restrained from gcing upon his premises. Consequently, on the 16th of August, they again requested the necessary license to uphold the wail vonchers, to bave been paid to the said Macdonald And these plainti((« furthor allege upon {aformation and belief, that during the summer and fail of the year 1853, the defendant enpaged fu ® speculation in flour on joint account with Mr, W. 1. Chrysier, in the course of whieh speculation the defendant and said Chrysler became (he owners of a large quantity of four. That said flour was February, 1863, Passage money, freigh! an! Other meneys of these plaintifs, collected by him as thet \ at San Francisco aforesaid, the som of threo mil three hundred thousand five hundred and eighteca dollars and seven cents; tint he bad also, up to the dat ast mentioned, received for proceeds of sale of coal o Verraar “ine sage. mocey,”tfeight an | in “Rweethearts and Wives,” and Toby Tramp, in “The Mum- rs my.” Go early, if you expect to get in the house, Brovenas's Rowrry.—The ever popular ws “Pi. varro, or, The Death of Rolla, * Is to be ‘with Mr. MeDonough as the noble Peruvian oe ‘That together with the letter from said Garrison, dated June 1, 1864, and hereinbefore set forth, the defendant transmitted to those plaintiffs a voucher signed by the said A. MoCorquedials, for the'eaid sum,of tifteen thousand six hundred and fifty-nine dollars, (815 59), of which laet mentioned voucherfthe following ie a copy — the, defendant was agent, that deponent was, daring said period, frequently requested by the defendant to sign youchers for supplies turpishod the sakl steamsbipe, but ‘of the prices ot which supphes this deponennt had no knowledge, that deponent irequently objected to signing fad vouchers, but the defendant would reply that it was Clarke asthe Spanish tyrant. After dancing by rarde, Mr. Daviige will appear as tha “Jolly plaiotitts, defendant at San Francisco, th P " ” “3 necerrar, the taid vouchers should be signed, as the , and giving notice that if it was not banwom's Awemea® Moerew.—fo addition to the multitade meee went? font vacueaad eight huntred and | 64. Gannon, Agent, Near esceganenesiaimas EO oe ore re ee ‘muck be seat to New York: what such wt ae, see etateball stust tphold the wall himsot, or Fresnionies Vinters wha fr energy wie dota 1 centa, and that he hat 2 A yp frequently presented to de'endant when deponen' , rast be responsible losses or ‘excellent (arce © Dark, “That Biews- oo come pores, Grawe drafts upon thes Serre ee sizdiner Coal, UA. MeConaronan, Dr. | aiterwarde fell in the fan Francisco market, and aa | aon the point of sailing, and im the Burry. of the pn | we tayery to tenn, Mr. Marsball refused to up- | & Baty. “snd ‘In the evening: wis (he sparkling comedy oa: TE the amount of One hundred and forty 149 topa con, es,1 = 4 pov y Kati By Deween Ineensetves of tbe ‘nt deponent, om inany Occaeions, signed anid vouchers | MAES NY TTT? oir or to give them permission to do so | ‘led | Al =n Agi gal soils q dollars aud any | & J, Goodhiie, at $42... c0css. )%) | flour, which they held on joint account, and three hun ny eatigation. "4 at tbeir own expense. Had he consented to give them Vil for his Denedty nt Wallagks, to-morrow by aid by th ‘Aistepe, & 7 WY 1 red barrels of raid flour, which was ‘then stored with | | And deponcnt further ways tbat ho ts permission, the work wosld, Rave bom scoenvines ‘Waking in al! the som of three mi lions fo Saas oy | Mesers, Moore & Folger, of San ee were tranfer- Macd 4 period onoy ‘weeks since, during the time Gro, Onprery avy Woon's Mixetagrs durleaqae Gollgre and twenty-four cents, 1] awe the sad defend barat = $15.09 0 1 Fed t0 the vetendurt by consent of sald Chrysler, = toe Galrnens for the pusine a, 0 clerk of said dejendant, 5 Lf = ee By ay con quays of! Hove Sqnnsb,” with songs and dances, to Seekers Sis oon noctuett, rendered by bim to ti X. MeCORQUODALE, that the market value of the said three hundred barrels and wae rota dealer on his own account. urther ine domage of Me . Bowen a ucttames ¥ ut ih, Hi 7 bis wR WORE irae al son creme ATHENS. Th vi) beantifal ‘will jadge who is moet - | shoutdvee hechilaren i tetr elognat ailegostsal ecuiee of flour at San Francisco, at the time of such transfer, did not excced fifteen dollars per barrel. And these plaintifis further allege that on the 20th of December, 1858, the defendant rendered to them an ac- count purporting to be an account of moneys disbursed by him, as their agent, for stores, from August 1 to De- cempcr 29, 1853, tn which account the defendant charged ), a8 their walle, mat. And totth Bet, Logg? HR al it have been built in warm weather, must Sworn this 3d day of September, 1856, before me. N, C, Evan, Commissioner ot Deed The Judge issued an order for tho arrest of ths defond- ant, and pl the amount of bail at $160,000, ORDER OP AWREST. fig, acknowledged bimeeli to be accountavle to ‘avd tess platntite allege the fact to be that the an yaot me he said accounts to have been received by defenda st, and next hereinbefore stated, was actually bs aga by bin; and they al! ‘on snfirmation and be- tbat Cusine the period bis nid agency the de And these plaintife further s tormed by the affidavit of sald McCorquodale, now earion, and they believe and therefore all that the two lots of coal mentioned in sald preten vouoher, a8 ex Reliance and ex J. Goodhue, were par. chased by the defendant, throngh tho said A. MoCorquo- ‘as his broker, for twonty tive deliars ($25) per toa, : and seventy- Suemiry oF me Crry avy Coustr or New Yore. They, dec 1 reco sher moneys belon Neu of thirty-one doliars and seventy fre cents | to these To tHe SW rY avi to the pistallite to's ver Ione sapesn rf ‘croditen Ub ($91 16), and thirty two dollars ($52) per ton, charget | fve colle Nowe. ance of te are Y Smote. Tt appearing that a suilicient cause of action exists Thy B— Paonia Te the case eeentee atte comet waerect | Sy tho dotvadant Tee sate anes to hae tah aecnmie. ted to have pure! of the said ©. J. against the defendant, under the 179th section of the Code, | vilet the . accounts, have and in substantiationgof said charge forwarded to the ‘You are required forthwith to arrest the defendant in he bas not reported to theec plaintiffs; which last mea tioned moneys, or some part thereof, the defendant has fraudulently applied to bis owh use; but the amount thereof these plaintis are vnable to apecify. And these plainti@ further allege on informs tion and belief, that the defendant, from time And these plainti‘s further jallege, that in or sbout the month of April, 1864, the dant rendered to th ntifis an account purporting to be an account of the disbursements of the steamship Cortes (one of the fteamshiye of the plaintits plying between San Frandi co aod San Juan del Sur) up the Stst of Maret, 1864; their own a than is Deir only . é follow! ww in regard to excavations :—~ aaa t pte te wearin in the cities of New York and —The of the State Peer kiyn, passed Jan Ls Tre Mop passed “weented in Senate and Assembly, do enac ‘Dal piainti!, with eaid secount, @ pretended youcher, of which the following js & copy :— San Frasers, Angust 10, 1888. C.K. Garrigon, agent, Niearagun Steamship Somp: ' ra account, Compesr, on Maree Te 0. ¢. Meaketa’l, De, this action, and hold him to bail in the eum of one bun. dred and (ifty thousand dollars, and to return this order to Charics A. Rapatio, plalntiits’ attorney, at his office, No. 65 Wall street, New York, on the tenth day of Sep tember, one thousand eight hundred and fitty six. MURRAY HOFFMAN. a8 10) OWS = wal time during the fod of his agency, | that in said account these plainti(s aro charged with the | For 200 barrels superfine Gallego flour, pur —" Sertion 1. That whenever exes Aye ptp Fravduleatly snd in violalion of his duty’ as ngeut ofthese | sum of four thousend and twenty. dolire. (1,020), Yor | "‘chaved wt Say W leds s+ eceBawceN™® | Dated New Yor, Rept. 4, 1869, for buitaing orcer pOrpowes, on May JOLr tee intitle, iaeved tickets at San Franc! in the nano of | coal alleged to have been purchased by the defendant Received. MACDONALD, Subsequent to these proceedings Mr. Garrison wagar, | (e°ly % to the of more then ven Freee oiintits send delivered the same to pagsengers who | (or these plaintiffs; that, together with said aces iat, toe And there plaints have ascertained, and therefore allege, thet the three hundred barrels of Aowr mentioned | rested, avd entered into the required bonds, Were, by virtue of enid tickets, conveyed by the conyey- | defendant transmitted to there plaintits a pretended