The New York Herald Newspaper, December 18, 1870, Page 5

MAN AND WIFE. AnoiSer Act in the Life Droma of Dominick Murray and Josephine Fiddes, . Paty of tho Wife and the Husband Contrasted— An Adorning Tale Full of Stirring Incident 4f Not Crowned with a Pointed Moral—A Gay Deceiver and His Gay Exploite~ Scenes Behind the Soenes and Who Go There and What They Go For. ‘That drama of real life, tne life off the stage of two ‘Well known thextrical people, Dominick Murray and Josephine Fiddes his wife, the Brst act of which ‘Was represented several days since before Judge In- graham, of the Supreme Court, came up yesterday before the same magistrate for @ second Tehearsai, with proper additions to the dramatts persona, and extended emendations of tne original text, It will be remembered that Josephine YViddes—that is she of this nom @e guerre—brings an action for divorce from her husband, Dominick Murray, on the ground of brutal and inhvman treatment, The first act comprised an @pplication for an order requiring the defendant to show cause why pending these proceedings for @ivorce he should not furnish money to pay the ex- penses of the suit and her board bill, This order ‘Was made returnable atten A. M. yesterday, Punc- tually at the hour the Judge took wis seat on the beneh, A: the same time Josephine Fiddes walked into the court room under the escort of a young gen- tleman, and quietly took her seat. She was ele- gantly dressed tn silks and velvet and straw-tinted ids, and, in her situation, novel as it certainly was wo her, showed the same easy self-possession as on stage, beniad a glare of footlights, and the cyno- gure of myriad eyes. Her counsel, Mr. Edwin James, was also promptly present. It 1s unneces- Bary to say that the position to him was that of an old stager, and, of course, he was perfectiy at home, as also was Mr. John D. Townsend, the counsel for Mr, Murray, the last named gentleman, however, to the great disappointment of the large and curious throng in attendance, not putting in an appearance, THE OPENING SCENE. Mr. James, In his usual clear and forcible manner, made a succinct preliminary statement of the case. He pictured his client asa greatly abused woman, » a8 long having been the victim of aman of uncon- trolled passion and vindictiveness, as having finally resolved to cut herself aloof from the bitter and de- based thraldom to which she had through long years been subjected. Alter this prefatory exordium which at once commanded the Most earnest attention and sympathy of all Present, he proceeded to read the papers on his siae—the complaint, petition of complainant and her aMdavit—the substance of which was published fn extensq in the HERALD at the commencement of the present action, Tnese papers, as will be remem- bered, aftor setting forth the date of their marriage, describe the tumultuous matrimonial sea on which they have since {been mutually lost; unfold the par- cular items of his alleged abuse and maltreatment, and catalogue their separate and joint possessions and carnings. Mr. James interspersed the reading of this with comments on the various points and Phases of the case to which he wished to call par- Moular attention. He certainly made out the strong- ‘eat possibie case for his cilent, THE STORY 18 DIFFERENTLY TOLD. It was next Mr. Townsend’s story. His papers were even more voluminous than those ot the op- Posing couusel. He also made a few prefatory re- marks insisting that the wrongdoing wa $ all on the wife's side and that Mr. Murray was the next thing toa Vp ed of perfection, the most mild mannered, gonsiderate and dociie of husbands. ‘Tne affidavits best tell thelr own story, and so we give them entira, Read first in order was—sworn to of course— THE STATEMENT OF MR. MURRAY, Dominick Morogh, de‘endant in this action, being duly sworn, says—That he is at present residing at 2 West iwenty-third street, New York; that the following statement of the marital relationship Which has hitherto and until very recently existed between the pleintiit im thts action and himself 13 truthful and im the main accurate in its detall, And depovent says, tat in making this statement, It is his intense desire te avoid all unnecessary un- kindness toward the piaiutit!, a3 is feelings are aud ever have been woward uer those of a loyal, patent and induigent husoand, whose desire bas en to protect bis wife frem the evil Intuences 1 Which she bas become surrounded, aud from wate ithas beva his desire te relieve her, and also to vin- dicate himself from the aspersions which have beca so inconsiderately and so uokindly heaped upon hin; and deponent says that the plaintify and bunself be- came husband and wile iv the year 1866, and after seven years’ experience of cacti other's dispositions and affections were remurried, at the desire of plain- tif and hor friends, in the year 1863; that until a comparatively recent date the lives of plainti? and deponent were biessed with much happiness and content, and a reasonable share of prosperity, and save and oring the little difficulties that are in- seperable from business they had as few—or, per- haps, fewer—misunderstandings than usually fall to the lot of married people ta their protessional situation, as can be shown irom the letters of piain- tif to deponent and by the testimony of mutual friends both in England and America, That dur- ing the sojourn of age and the plaintiff in London, for a term of six years, no pains were spared, elther by deponent or nis friends, to have the professional ambition of the plaintuf gratified. Fortune, however, proved to be aguinst Ler and she did not succect, either to the extent or her own wishes or those of depouent— not from the lack of talent, but from the misdirection and misapplication of it, Upon this account, and no other, deponent proposed to the plamtiuf that she should accept an engag ment at the Grand Opera House, in the city of New York, which he had been able to effect for her; that in accordance with the engagement so formed the platntil ieit Engiand for America in March, 1869, with a fine outflt furmshed to ier by deponent; that in consequence of the manager of said theatre having failed to fulfil his agreements in regard to her she was compelled to institute legal proceedings against hh, which she did by meaus of the legal services of Mr. Edwin James; that as soon as de- ponent heard that she had thus become involved in difficuines he lmmeMately remitted to her trom England the sum of $200 tn gold, with a request that she would forthwith discontinue all business of such character and return home, which the plaintif’ de- clined to do, stating that America offered a mucli more advautagevus field to professional peeple, and that she should not think of returning to England until sie had redeemed her rofessional reputation and was revenged. deponent says, that finding j1 impos- sible to induce her (the plaintitt) to return home he then wrote to Mr. leure, the manager of the Grand Upera House, in the city of New York, and with whom deponent had effected the aforesaid en- gagement for the plainuf, defending the position taken by the plaintir in her suit instituted through the agency of Mr. James against the proprietor of said Opera House. And deponent says that he re- ceived a jetter from tne said Tayieure in reply to his communication, tnreatening with personal Chastigement should deponent ever come to America. And deponent Says that, in order tobe present and be abie to vindicate the right of the plaintit should tt become necessary, hé immedi- ately left England and engagements which were then effered to him and came to New York. And depouent solemnly afilrms that qduring the four- teen years in which he has been married to the laintit ne domestic dimculty has ever eccurred tween the piainti? aud bimself which rendered it even necessary for the plaiuuiT to complain even to deponent, although deponent affirms that he has always allowed the plaintif every possible lautude as regards dress and acquaintances which was consistent with her wolfare and respectability and With his own Rouor and means. Deponent further says that when he bade goodby to ule plain. tifl before ber leaving Evgiand sue demonstrated to him a most affectionate fecling and manner, and left him with the same appearances of} Jove she had b id theretofore exhibited, And Geponent says thet immediately upon his arrival in tio city of New York, walcl was upon the 29th of June, 1862, Ne sought the plaintut and found her bearding in 4 housesin West Twenty-seo- ond sircet. And deponent says that he had wot been in the presence of the platntil? for more than twenty- tour heurs defore he was pained at seagoaears her deportinent a total change from what had charac- terized hor manver before she left Eugland. Instead of exhibiting the quiet and ladyiike state she had theretofore shown there was a ccrtain boldness and freedom in her aspect and conduct extremely dis- pieasing and moruiying to depovent. As iliustra- uen Ol Wilat deponent means by making tue above assertion, depoueut says tat berere he bad been in the city of New York and In the plaintut’s pre- sence inore thaa a few hours he was told by the plaintif! “that America was a @ne country for woll that they were made much of by men, par. ticularly English Women, and could do preity much as they pleased,” instancing “some importations of Rogish women who had arrived and succeeded in nels of men with plenty of money;’’ ‘ther spoke very freely of a circle ef maie acquaintances sue had made since her girival im tis couutry, and amoug others men- toned the name of & person whose subsequent Uttentions to tho plaimtuy had caused deponent Wien and discomfort. And depouent furs her says that it is his firm belief that the greater Bs Of the restiessness and disquietude exhibited yy the plainticr, especielly in ter conduct to him during the last few moutus, aud which has resulted in the present suit having been instituted agaist him, nus been the result of a feeling aroused in her aaiud by a carcle Of people whe deponent jears aro . NEW YORK HERALD, SUNDAY, DECEMBER 18, 1870.—TRIPLE SHEET. be found around most of the theatres in this city ladies of €: ing Manners and appearance are employed, and whe get nted to such ladies ‘a8 men ilustrieus in the rent ranks of Livepary, and financial pursuits, and whose actions an vice to such ladies are seldom advantageous to ‘the ladies or pleasing to their friends, And depo- ent says that he has arrived at the conclusion just stated not only from information he nas received from theatrical friends since his arrival in America, but also from the expressious. which have fallen trom the lumtur in his hearing, of the hopes which lad aroused im her by the suggestions aad intima. tons Of this saime class of men. And deponent says that about a fortnight alter ner Orst arrivai in New York, both be und the piscina, commenced an en- gagement at Niblo’s theatre In this city in a piece called “Arrab-na-/’ogue,”” Which engagement laste | about five weeks; that during this engagement he was constantly aunoyed and perpiexed by the cold- ness and irritability manifested by the plainuir to- ‘wards him and her utter indifference to his wishes upon all occasions, and more especially was he par. ucolarly annoyed by the persistent attentions to her of the said person before referred tu, Whose atten- tons have continued much to her discredit, greatly to deponent’s discomfort, and against the per- sistent eiforts of deponent wo prevent them, And deponent says that sone time prier to the com- mencemeut ef the engagement referred to at N1blo’s deponeat was introduced by plaintim te the said rson referred to before, Whom she represented to leponant @8 8 man of great wealth and iniuence— belougtng to one of the first families of New York— and in a position te advance the p.aintf’s profes. sional interesis; that said person thereafter pro- fessed much Lee and was very profuse In compliments ef the plaintit, He became a consiaut atieudant at ihe rehearsals of “Arrab-na-Pogue.” and when not eugaged upon the stage the plalntit giten went iute the parquet or dress circle to cou- verse with lim, Abeut tills time plainilir became still stranger in her manner to depevent—painfully so—reseniing any direction of deponent’s in refer- ence to the business of the stage as a gross Insult, Ul at length deponent was compelled to leave tho Stage enurely dunng any of piaintii’s scenes. Dur- ing the performances ‘of ‘Arrah-na-Pugue” wus person referred to was nightly beliind the scenes engaging the attention of the plaintiff until at length ~“deponent remonstrated with __plain- tif in regard mw «The plaintiy® became violent, declaring ‘she would have attentions, she was entitled to them;” telling deponent also “that he was jealous, and that the sooner he became used to the style of the country the pewer;”’ “that the re- lations existing between men and women in America were inuch more free than elsewhere.” Meanwhile this person still continued visiting be- hind the scenes of the theatre and platntiif received attentions from him and lost no opportunity of conversing with him, both openly and by stealti. Daring this engagement this pernon. called thrice with Ce Od aud horses to take plaintiff and de- poment to ride in Central Park, Om one occasion he roposed taking plaintiff! by herseif in a singie uggzy: On another occasion said he was very lonely and wished piaintif’ weuld take a house and receive him as a bearder. betel Geponent earnestly remonstrated with plaintiff in regard to tus subject, telling her that “however much she might think this man a gentleman, the depenent thought that he had no honorabie intentions to her, and Would sooner or later bring trouble and sorrow to both plaintuw® and deponent. That plainttif re- sented every remonstrance with violence and ees | and represented herself to be injured and ili-treate by a brutal husband, who was and ever had been Jealous of her. And deponent Says that the last time this person called to take plaintit and deponent to ride the plaintiff placed her hand upon his shoulder, and was about,,a8 deponent believes, to kiss him, but reirained upon seeing deponent looking at her from an inner room. On this occasion the said per- son had scars upon his foreliead, which he stated he had received while fighting with a Mr. George Butler relative to something he had said agaiust plaintiff; and deponent says he then told the said rson that in any future quarrels he might ave with his acquaintances, he must not im- port bis (@eponent’s) wife’s name into the question; and the deponent says that the said person visited the theatre the same evening, handed plainut a large bouquet from the parquett and shortly afterwards came behind the scenes and engaged the plaintid, who seemed much excited, ta couversation. And deponent says that upon sey- eral occasions the said person has brought strangers behind the scenes, without the consent of deponent, representing them as being very important people, and introduced them to the plaintid, The said per- son represented himself as being & major, and spoke of his great services and gallantry during the late war, and evidently did the same to impress the plaintif’s mind with his tmpor- tance, He also spoke frequently of his enormous gains and losses in Wall street and his enormous contracts. During all this time the plaintiffs man- Der increased in coldness and harshness to depe- nent, At times she became even vivient, and at other times seemed brooding and preoccupied, always avoiding by every possible ruse, fote oy onpen Oe nent to and from the theatre, On the last night of our engagement at Niblo’s the sald person stated to deponent that his (deponent’s) wife ‘Was very lil and that deponent ought to allow kerto go into the country for her health. As deponent well knew that he was aware that the plaintiff! was to ace company deponent to St. Louis on the following Monday, deponent then told the sald person “not to interfere in matters that did not concern him.” And deponent says thut during the whole of the evening which closed their er int aforesaid the pla:n- tif was painfully exc and fainted during the last scejie of the play. Trat upon the same evening she said to various people that deponent was the sole cause of hertroubie, That from this time plaintitt began to assert that she had never loved deponent and had never Known any happiness with hun, and began to talk continually of separating from depo- nent, and availed herself of every opportunity to quarrel with him and to place nim in disagreeable positions before strangers. And deponent says that vhetr next engagement was throug the Southern and Western States; that during this tour the piaintiit was perfectly indifferent tm regard to deponent’s interests; that she complained incessantiy in tothe parts, pieces, management and everything connected With the engagement, thereby rendering deponent an object of sympathy to the ladies and gentlemen of the company. That out of eleven rehearsals al Memphis platntif® only atuended two, and con- tunuatiy availed herself of the most frivolous retexts to represent herself as an ill-used, m- jured woman, ‘That the plaintiff and depenent re- turned to New York, arriving at six A. M., on or about the 16th of September, 1469, That before eleven o'clock on the same morning, aotwithstand- ing the fatigue ef her recent Journey. the plaintur dressed herself carefully and went to visit a woman named Bryant, an acquaintance of the said person atoresaid, and also went to Niblo’s. And deponent says that almost every day during the fellowing week plaintiff went to Nibio’s, until at last depo- nent told her that, not being engaged at Nibio's, it did pot look well or proper vo be seen there continually, and that such conduct was not cal- culated to enhance her owm or depo- nent's pesition. And deponent says that plawtif thereupon grew very violent and defiant, declaring “she would do as she pleased and have what friends sne pleased,” and immediately left the room, banging the door. And deponent Says that, being very much provoked and irritated, he followed her, and knocked a box of toys out of plaintiff's hands, but did not in the slightest manner touch the person of the plaintif. That the plaintiff thereupon ran down stairs screaming “Murder,” ard shortly after removed her boxes to a lower room—a parlor in the house—locked herself in, and staid there, with intermissions, several days, ‘That thi ‘ir occurred in the house of Mr, Beavan, 275 West Twenty-third street, with whom we were then bearding, and who is referred to in the plain- tis affidavit. That while so locked in she was con- tinually speaking of & separation between us, and expressing hatred and defiance towardagdeponent, ‘That upon one occasion, after plaintif® had lett the said room to which she had betaken herself, depo- nent found in said room a sheet of paper, on which the plaintiff had been wrfting—the name of “—~-—.” written baekwards. That deponent showed said paper to Mrs. Beavan, who recognized the plain- uff's handwriting. That, as deponent- has been in- formed by Mrs. Beavan, she (Mrs. Beavan) showed the letter to plaintii, who said “She might have written 11 2s @ child would have cone—unconsci- ousiy.”” Thac Mrs. Beavan, as deponent is informed, asked the plaintiit “who this person was.” That piaimtif replied she did not knew; but at sam Ume admitted “that he lived at the Clifford House; that he was a great contractor and a silent partner in Niblo’s;” anc deponent says that within 9 Wal gig eave in New York he accompanied plaintitt 0 Taiiihahy Ou two or three occasions; that upon the first occasion the plaintif’ asked eagerly on ar- riving at the box office for——. That deponent told her it was not necessary to see him to procure adinission, as the ticket seller would pass us in. which he did; that whilst in the theatre plaintitt ‘was very excited and restless, looking all over the house; and thinking at one time she saw the per- son enter the theatre, as she told deponent, her face became deadly pee Atthe time of our thus visit- ing Tammany this person held some position at that theatre. Deponent says he had the utmost difficulty in dissuading the plaintur from seeking an engage- ment there. About this time the piamtift and deponent commenced an engagement at Wood's Museum, Mir. Wood at first declined plaintitt’s services, but deponent urged her engagement, wish- ing to have every opportunity of exhibiting her- self before the New York managers, and her ser- vices were accepted. Deponent says that he spent over $100 in advertising her; more than $100 in im- pera satins from England for her to appear in, Piainatt, however, played only two weeks of her engagement, which was to befor two months. Dur- ing this. time the plaintiffs demeanor to deponent stil continued to be harsh, and evidencing an utter absence of duty and affection; and Seponent says that upon one Sunday morning about this time, de- poueat wishing to speak to pleintyf (who had then been absent from ker own room some days) in refer- ence to an important matter requiring unmediate answer, and in conuection with their business en- gagements, Was compelied to force open the plain- til’s reom door. And deponent says that this also oceurred in the sald boarding house of Mr. Beavan, And deponent says that in May, 1870, the plaintit and deponent started for San Francisco. that they stopped ono night at a hotel near depot, Chicago, where plaintiff —_violently abused and upbraided leponent —_ pecaus® there was no bathroom, accusing deponent of cruel neglect, selfishness, &c. That the plamudf then spoke of returning to New York, from which place deponent had much difficuity in imaducing her to leave; aud deponent says that they returned to New York about the 20th or June, 1870, and wené to re- side at Mr. James Schonberg’s, No. 210 East Four. teenth street, nm New York. And deponent says that during the month of August, 1870, Mr. McDonough, manager of the St. Louis, Memphis and New Or- Jeans ant called upon deponent to arrange an- other tour, and for business taterests he deemed it advisable to omit the plaintiff’s name from the en- Ragement Deoayso abe refused ve conduct borgeit Maliy. differently to what she had done daring the former tour, And deponent says that upon this account the plainulY chose to consult my. Kdwin James again for the purpose ef obtammng a legal separauion from deponent, That she wrote letters to various people informing therm of her determination, and & por- uuon of a leiter was found by deponent about this Ume, which, upon belug placed together, read as foilows:— TURSDAY. Deagret PAvA—Not having received your lsat letter { did not kifdw where to write. ‘Vracy has Long Branch ters have not been sent ou, but T ain glad to say she will be back on Monday next, when Thope to xet along, nice letter from dearest papa. 1 am very sick with s bad colt, but wball be better 8002, Shall be at Nivlo’s on Monday night. a FM, And deponent says that the Miss Tracy referred to in the aforesaid lecter is a young lady Who boarded iu Mr, Schoraberg’s house at the time depopent and JamtuiT boarded there, and with whom the pliiatut CCuMe Immediviely Intimate as soon as deponent and plaintul moved to said house, and as deponent beleves the person denominated ‘papa’? in said letter refers to the afor said Mr. Seavir, and de~ ponent said that neither platntif nor her have either father or grandfather, and tual he himself has never at any time been designated by the plaintttf by the term “papa,” And deponent says that the plaintit Was Informed by the deponent that the said letter ‘Was In bis (deponent’s) possession, bat that she re- fused to give any explapation im regard to it aithough she was much moved and troubled; and deponent says that the piatatif continued visiting Air, bwin James with a view to a separation, but that she eventually prow to become reconciled on condition that deponent would sign an agreement giving her a clear half of ali tis money, amounung to about $1,500; the whole of his buiding shares in England, whic! were merely nominally in her name, and which amonnted in value to about $1,000, and about eight burlding lots In Austraila, which bad already been deeded to piaintul by deponent, and which are possibly worth avout $250; and deponent says that he agreed to sign a document to that effect, but before he had signed it plainti? rejused to accept such setilement unless the fragments of the letter heretofore referred to #8 addressed to “Papa”? were delivered up also, ‘These fragments were thereupon delivered, and destroyed by Mr. Edwin James in de. ponent’s presence, who, after read’ the sam Stated to the piaintl that “to say the least, It was most improper letter for a married woman to write. Zn addiion to the above u he paid to Mr. Edwin Jat 5 and deponent further says that trom Fourteenti street plaintiff? and deponent ut once removed to 148 West Thirty-seventh street, to the house of Mr. Har- rave, wud that shortly wterwards deponent lefc New York to fulfill engagements South, the plaintiff retusing to accompany lin; and deponent says that during his (deponent’s) absence of seven or eight weeks he remiited to the plaintiff! sums of money amounting in all to $240; that the plaintif! joined deponent at Cleveland, Ohio, and, ough: her services were not’ necded by 'deponent in his engagement as an actress, he paid ail her expenses and piaced her 1m every Way upon an equality with himsef as an artist, and paying her twenty dollars per week. At Detroit plaintii? wrote @ letter to Eugiand, requesting the building sbares referred to to be sent out, although she knew that an arrangement had very gape 4 been made-be- tweeu herself and deponent that both she and de- pean should retura forthwith to England. And leponent says that ‘pan finding out she had written such direciions he thereupon wrote to England, de- string that said shares of butiding society should not be sent out, hoping that plaintid? mught stil be Induced to accompany him to England, and thus be placed oug her true friends and reiations. In reply to the fourth section in the petition of tue plaintiif In this action, deponent’says that durin; the month referred to'in said section, the plainti! played only about two weeks—to wit, one week in Cleveland, one week in Detroit and two nighis in Buffalo. That the engagements at these places, with the exception of that at Buffalo, Were with de- penent alone, and the understanding was he should divide the houses after certain expenses had been paid, That the plaintiff simply accompanied the de- ponent as his wife, and that during such trip he paid all the expenses of both the plainui® avd him- self, and paid her, without any agreement whatever, the sum of twenty dollars per week. Jn reply to tac Ofth section ef the plaintifl’s petition in this action this deponent says that he has not information suf- ficient to form a belief as to whether the plaiotit is now residing in New York, as he has made every ef- fort himselt and through their mutual friends to discover her whereabouts, but he has been unabie to learn anything in regard to her, That he denies the statement that lie was cruel to her in Buffalo, as dn said section stated, but admits that she then and there acted very much inthe manner as deponent has hereinbetore set forth, and that deponent did speak ina harsh and peremptory manner to her, and that on the following morning the reine without even bidding adieu to depoaent, had her baggage tuken from the hotel they were stopping at and ieit deponent, since which te he lias not seen or heard from her. In reply to the sixth and sev- enth sections of plaintif's petition in this action de- ponent states that he has had engagements in Omaha and Kansas City, but in consequence of this action now brought against him he bas been compelled to decline them. And deponent denies that his profes- sional income is now, nor has been anything like the sum of seven or ten thousand dollars, as charged by the plaintiff, Aud deponent affirms that his total receipts during the lust eightecn months, or since his farrival in gAmerica, have beeu $5,647; his ex- ponses tor board, travelling expenses for himself oe wife, joes aa iA hag ot aes ar printing tng for himself &n fe, : Pash, eke f. DIMUItHT, $800; total "ga ror: total profits for eighteen months, $3,090. As answer to the Eighth section of the petition of the plainis, ine oped admits that during the month of June, 1869, the plaintiff did hand over to him the sum of $600, but he denies that Ule same belongs to her at present, but asserts that the amount was paid to him by her as part payment of money ad- vanced to her by him for an outfit, ja England, upon the occasion of her embarking for this country. As answer to the ninth section of the petition of the plainuff, deponent says that while te admits the building shares, mentioned tn said section, stand in Engiand in the name of the plaintif’, and that he aid agree to hand over the same to her, yet he af- firms that the said building shares were purchased solely with the earnings and moneys of deponent, and that the agreement referred to in said section as having been signed by him, was obtatued from him unfuirly and unproperly, and with no intention on the part of the plaintiffto fulfll her part of the engayement, and without any consideration what- ever. And deponent denies that the said building shares are worth more than $1,200 in currency, and he further denies that he has the sum of $575, or any other sum in his hands belonging to her, And the de- ponent further says that while he admits that there have been times ana occasions when he has exhit- ited towards the plaintui? a hasty manner, and occa- sionally used harsh words in speaking to her, yet that the same has been occasioned and excited ‘by her own wayward mauner, and strange and unac- countable temper towards him during tho last eigh- teen months, the particulars of which deponent has attempted to show ina crude and hasty man- ner in this affidavit. But deponent most solemnly afirms that he has not at any time ald violent hands upon the plaintiff, or made her uncom- fortable in whe presence of others, or done anything Whatever to her which deponent believes any other husband would not have done under like provoca- tions. And deponent re-afirms that for fourteen years and more he has lived with the plainiiff in perfect accord, and trusts that this honorable Court will not place him under even a suspicion of having ucted as lie 1s charged to have done, until some ex- amination be had in the matter. And deponent Says that he will willingly refer his conduct towards the plaintif to any respectable persons with whom the plaintiff and himself have been thrown in con- tact since their arrival in this country, aud will cheerfully abide the result. STORY OF A LANDLADY, Mrs. Ann Maria Beaven being duly sworn, says that she resides at No, 242 West Twenty-third street, in pe gy, of New York; that she is well acquainted with pOtn the plaintiff and defendant tn this action; that both of the parties poarded in her house at dit- ferent times during the last eighteen moaths, and that at such times this deponeut resided at No, 275 West Twenty-third street, and deponent says that both parties together boarded with her from De- cember, 1869, to May, 1870, and deponent says that durigg such time she never noticed anything in the depoftment of the defendant toward his wife which could be considered ungentlemanly, but, on the con- trary, from what deponent has seen, she believes him during such ume to have been ‘actuated in his conduct toward her by the kindest motives, THE LANDLADY'S HUSBAND'S STATEMENT. James P. Reaven, being duly sworn, says he 1s the husband of Mrs. Annu Maria Beaven, who has sworn to the foregoing afidavit, and that he nas resided in the same house with his wife during the time the parties to this action bearded in their house. And deponent says that he has read the foregoing aif- davit and knows tts contents, and that the same is true in all its statements. And deponent says further that during the time the said parties resided with deponent and his wife he has seen the ainsi exhibit toward the defendant the most vio- lent and intolerant disposition upon no apparent provocation. WHAT MR, ITENDERSON SAYS, Alexander Henderson being duly sworn, says that he is manager and half owner of the “Lydia Thomp- son burlesque Troupe,” and at present resides at the Colerman House, in the city of New York. That he is well acquainted with both the parties to this action, having made their acquatniance snortly after thetr marriage in 1856, in Australia, That while in Australia both plaintuf and de endant per- formed in the theatre in Bendigo, of which depo- nent was the manager. That during their residence iu Australia and subsequently tn Liverpool, Eng- Jand, where they both performed in deponent’s theatre, deponent says that he had every opportu- nily of becoming acquainted with their domestic re- lations and individual dispositions and tempera- ments, That during ine whole of that time and up to the year 1868 deponent says he never heard of the siightest domestic differences between them, and from lis Own observations considered them a loving: and happy conpie, And depouent says that he him- self lett England jor America, in the year 1868 and did not again see them or either of them uaull about March, 1869, when he was cailed upon by the plain. tuff in New York city shortiy atter her arrival. That he next saw the defendant about the month of June, in the same year, in New York city. And deponent says since they arrived m this country fe has seen muct of both parties, sociaily as weil as proiesstou- ‘That in the conduct and disposition of the de- fendant deponent says he has found him to be the same utes, retiring and domestic man that he had found him to be hitherto, and that bis tender and appreciative consideration of his wife became, among his friends even, the subject of comment, And deponent says that he has noticed a very strik- ing chauge in the manner and deportment of the plainuf’ since her arrival in America, especially toward her husband, Theretofore she always ap- peared considerave of his wishes aud extremely week and he away at | Afectionate towards him; but on many occasions when depenent bas been in their company ince she hus exhibited & colduess aud indifference, and even & vindictiveness toward hun upon the slight est painful to behod. And depo- nent says that since her arrival in thig country she seems to have changed her entire disposition and taste. Ketiring as sie was before her arrival she has since become more exiravagant in ber dress and changed the color of her halr wad dyed her eyebrows aud eyelashes, and as simes a style at variance with her past life. And de nt Bays that, beyond ex- Poatulatinn with the plain? upon her changed ife, he has never during the whoie course of his ac- quaintance with the parties heard the defendant speak a harsh word toward her; and from what he Knows of the defendant deponent believes him to be lucapab.e of committing & violeuce upon any Woman, much less the plaintit!, MR. WALLACK’S STAGE MANAGER ON ANTECEDENT HISTORY, James Schonberg, being duly sworn, says that he is the stage director at Wallack'y theatre, in New York, and resides at No. 210 Kast Fourteenth strect, in the city of New York; that he is acquainted with berh parties to this action, having made the ac- quatotance of the platntuf about March, 1869, shoruly alter ner arrival in this country, and having known defendant first about the month of June, 1870; and cepovent says that about the month of June, 1870, the plaintiff and defendaut care to board at deponcnt’s house, where he now resides, aud re- Inalued there until about the 230 of August last; and deponent says tbat ne has had opportunitics of seeing the said parties during such time daly; Unit during: Such Ue he has never seen the defendant treat his wife ju any other Way than as a genticuan and a kinaly disposed husband might do; aud deponent Says thatin regard to the plaluuut he considered her temper exacting and trying. CONCLUDING ACL OF THE DRAMA. With that commendable patience so strikingly characteristic of him the Judge listened to the read: ing of the above papers and the subsequent spevch of the counsel. During the reading Mr. James insisted ona certain name being given, Which the counsel omitted, “I cannot and will not give the name,’ said Mr. Townsend, “T will,” sald Mr, Jamies, “Mr, name,”* “fhe entire name, D, Seaver,’ sal a legal gentie- man present, but nut suMiciently so‘fo voce but that it was generally heard and as generally laughed at. Mr, James made a lengthy speech, and amid te laughter of the court and @ smile trom the bench ridiculed with much humor the tact of Mr. Alexan- der Henderson coming forward to assail the charac- ter of @ defenceless lady, and stating in his ailidavit “that her disposition towards ber fusband pad changed because he had observed that she had changed the color of her hair.” This from Mr. Alexander Henderson, the counsel observed, whose troupe of Blondes had introduced the novelty into New York, and who derived his ago: patting before the pubile nightly young ladies so metamor- Phosed about their heads mothers across the Atlantic would neve nize them. With ttis humor, howe’ intermingled a strong plea for his ana pressed eloquently apon the Jud; he ne: of granting alimony. He was willing to have the whole matter thoroughly sifted, and he knew the re- sult would prove lia client as pure as the driven snow aud as chaste a3 Diana, and her husband a brute m human form, Mr. Townsend said that nothing was thoughtor in- tended against the moral character of the complun- ant ‘The only thing was her evil associates and her inordinate ambition, She atmed to do more than sho could accomplish, and had been fattered into too high an opinion of herself by the miserable crowd of base flatterers who haunt the green rooms and 0 behind the scenes of every theatre. Efforts had Se aver is the that thetr English recog: been made by friends to stop the complaint, but her story had Lapel atop at length exclusively in .the HexaLp and now they wished his story to be heard. tle insisted that Mr. Murray had always treated his wife kindly. “Yes,” interrupted Mr, James, “called her by the vilest tmaginabie names and told her to watk Broad- Way for a living as other women (id.”” “‘He Joves ker yet,” persisted Mr. Townsend; “the only treuble is he loves her teo much.” “My client desires to be relieved from such love,” retorted Mr. James, ‘There was considerable more talk between conn- sel, but it amounted to but little, At the conclusion the law, passed up their respective bundles o papers. The Judge reserved his decision, THE COURTS. The Charge of Murder on the High Seas—Ac- cused of Dealing in the “Queer’—Al. leged Fraudulent Transfer of Proper. ty-—Next Year’s Programme in the Court of Common Pleas, UNITED STATES SUPREME COURT. Revenue Stamps on Promissory Notes. WASHINGTON, Dec. 17, 1870, No.4, Tappan vs. Beardsleys.—Mr. O'Conor made the concluding argument in this cause for the Mer- cantile Agency. No, 83, A. C. and Lewts D. Campbell vs, Wittam H. Wilcor.—Error to the District Court for me Southern District of Ohio.—This was an action on promissory notes made by the Cambpelis to the de- defendant merror. The declaration was demurned to on the ground that it contained no averment that the notes were stamped at their date or at any sub- sequent time, The court below overruled the de- murrer and the case comes here, the plaintiffs in error arguing that the English precedents in such cases are net im point; for the want of & stamp does not, in England, invalidate the instrument, but only exciudes it from bemg used in evidence until stamped. Our statute declares the instrument invalid until a stamp 13 affixed, and if the stamp is necessary to give validity to the instrument it is subinitted that the declar. tion should aver that it was stamped. ‘The defend- ant in error contends that the averments in the de- claration, that the defendants executed and deliv. ered to plaintiff the netes, implies that they were such notes as are contemplated by the law of the Jand—legal instruments—and if they were not stamped at the time the declaration was filed they could kave been at any time thereafter, provided the stamps were not omitied for the purpose of defraud- ing the government, But a demurrer will not reach the defect, therefore, even if it existe, It would in that case require a plea with an averment that the stamps were fraudulently omitted from the nete: Case submitted on the printed brief. Henry Stan berry for pleintiffs in error; W. Cornell for de- tendant. UNITED STATES COMMISSIONERS’ coURT. Alleged Murder on Shipboard. Before Commissioner Shields, ‘The examination of Thomas Ward, second mate, and Dantel Leech, steward, ef the brig Helen 0. Phinney, charged with the murder ofa sailor known as Austrian Jack, in the harbor of Montevedio, South America, was fixed for one P. M, yesterday, The prisoner claims that the shooting was justiflabic, alleging that the sailor had a knife in his hand and would have killed one of the officers of the ship had his own life not been sacrificed. Owing to the ab- sence of counsel the examination was pestponed till next Tuesday. Charged with Passing Counterfeit Moncey. John Williams was held to await an examination ona charge of having passed a twenty dollar coun- terfeit bill of the Merchants’ National Bank of New York on Frank Otto, Nos, 103 and 107 Elizabeth street, Alleged Fraudulent Bail Bonds, Before Commissioner Osborn, A man named Moher, who, tt is alleged, had entered into a bond for a party charged with an offence against the United States, was yesterday brought before the Commissioner, accused of. traudulently conveying away his property to his wife, who had tt conveyed to her don, for the pur- pose of evading the payment of the bond. He was heid to await an exammation. Unstamped Cigars. Gaspar Silver was held in $1,000 batl for examina- tion on a charge of having had tn his possession a quantity of cigars, with intent to sell the same, without betng properly stamped. COURT OF COMMON PLEAS. The ceurt will meet in General Term on Monday, and decisions in cases heard will be announced, On Tuesday and Wednesday next no contested mo- tons will be heard in Champers, and ez parte orders will be attended to only, and from ten to eleven o’clock Chief Jnstice Daly wilt be absent in attend. ing the convention of judges in Aibany, and Jndge Loew, who holds Chainbers, wilt be obliged Wo sit in General Term in piace ef the Chief Justice, Assignment of Judges and Terms for the Year 1871. General Terms.—First Monday of Januar, Justice Daly, Judges Robinson and Loe} First Monday of March, Onief Justice Daly, Judges Larre- more and J. F. Daly, First Monday of May, Chief Justice Daly, Judges Robinson and Larremore, Furst Monday of October, Clie! Justice Daly, Judges: Larremore and J. F. Daly. First Monday @ De- cembel ief Justice Daly, Judges Robinson anid Loew. Court opens at cleven A. M. Spectal Terms—For trial of issues of fact. Monday of January, part 1, Judge Larremore, 8 Monday of February, part 1, Judge Robinson; part 2, Judge J. F, Daly,” Wirst Monday of Mareh, part 1, Judge Loew. First Monday of Apri, part 1, Chief Justice Daly; part 2, Judged. F. Daly. First Monday of May, part 1, Judge Loew, Furst Monday of June, part 1, Judge J. F. Daly: part 2, Chief Jus- tice Daly. First Monday of October, parc i, Judge Loew. First Monday of November, part 1, Judge Larremore; part 2, Judge J. F. Daiy. First Monday of December, part 1, Judge J. ¥. Daly. The court opens at eleven A. Ml. - a ‘Kquity Terms.—FirstiMonday of February, Judge Larremore; first Monday of April, Judge Robinson; first Monday of June, Judge Loew; first Monday m November, Judge Robinson. ‘The court opens as eleven A. M. Chamers,-—January, Jadge Joseph F. Daly; Feb- ruary, Chief Justice C. P. Duly; March, Judge Rob- inson; April, Judge Loew; May, Judge J. F. Daly; June,’ Judge’ Larremore;’ July! ‘rst’ and second weeks, Judge Larremore; Juy, third and fourth Weeks, Juige Nobinson; August, tirst and second weeks, Judge Loew; August, third and foarth weeks, Vi September, first and second , Judge J. P. Daly: September, thir. and fourth weeks, Chief Justice ©, P, Daly; October, Judge Rob- insoa; November, Judge Li t uber, Judge Larremore, The court opens at ten A. M. BROOKLYN COURTS. SUPREME COURT—GENERAL TEAM. “The Fire Department [inbroglio, Before Judges Barnard, Tappen, Pratt and loge- boom, The People, ex rel, Hugh MeLaughtin, vs, The Mayor Of (he City of Brooklyn.—TMS case came up on an Sppeal from an order granted by Judge Pratt tn Spe- cial Term, denying the application of the relator for &@ mandamus to compel Mayor Kalbfeisch to sign a Warrant on the city treasury for $20,000 in favor of | the Fire Commissioners, which amount was a portion of the proceeds of the sale of houses and apparatus belonging to the oid volunteer Fire Department, The law by which the sale Was made provided that the moneys reatized siould be devoted to the purchase of hose, &¢., for the new depart meut, and the Mayor argued that the moneys ve- longed absolutely to the Sinking Fund of tue city of Brooklyn, The Mayor did sign @ warrant for $20,000, but he claims that this was done under a misapprebension, and when Commissioner McLaughlio applied to him to sign another warrant for $20,000 he refused to do ro, Hence the litiva- tion, The General Term has reversed Judge Pratt's order and decide! that a mandamus issue directing the Mayor to sign the warrant, Decisions. By Justices Barnard, Gilbert aud Tappen. Edward Lb, Merrifield Jacob D, Woodrug.— Order granted, without costs, in the Matier of the Final Accounting of Mary O'Gara, formerly Smith,—Motions to dismiss appeal dented, with ten dollars costs in one motion. Watson Sandford vs. John G@. Barr et al.—Mo- tion to dismiss appeal denied, without costa, George G. Stckies vs, Ward Wheeler et all.—Order reversed, with ten dollars costs, Justice Lappen not sitting, David H. Thompson vs, James Goodheart,--Order affirmed, with ten dollars costs, Justice Barnard not sitting. Henry M, Lee vs. Theodore W. Heineman et at.— Same vs. Theodore W. Heineman. Orders atirmed in both cases, with ten dollars costs in ase, Henry 8, Crawford vs. W. Matlory et al.—Order affirmed, with costs. Justice Tappen not sitting. Alecander J. McDonald vs, Lewts M. Peok.—Order aillrmed, with ten dollars costs. Alden J. Spooner vs. Mary Murray.—Order af- firmed, with ten dollars costs, Jonn L. Kra~p vs, Columbus B. Rogers et al.—Or- der aftirmed, with ten dollars costs. Justice Tappen hot sitting. Lewis H, Meyer vs, The Village of Elgiewater.— Order reversed, with teu dollars costs. Opinion by Justice Barnard, George McKittrick vs, Thomas Prady.—Jadgment reversed, with costa, Opinion by Gilvert, Justice, John Wycof Von Sickien vs, William H. Noe ot al. Order reversed, without costa. Opimion by Justice Gilbert ; order to be settied by hin, Thomas A, Cutts vs, William R. Gutld.—Order af- La With ten dollars cesis, Justice Tappen not sitting. National Bank of Fishkill vs. Spargut, erecutor,— Judgment aMirmed with costs, Opinion by Justice Tappen. Justice Barnard not sitting. Hyman Linde vs, Jacob Elias.—-Jaagment re- versed and new trial granted, costs to ubidewvent, Opinion by Justice Barnard, In the Matier af the Petition of Hunter's Point and Southside Raitroad to Acquire Lants of Witiam Hi. Furman,—Order atiirmed, with ten dollars costs. Matter of Nepperhan Avenue. Order aiirmed, With ten dollars costs, Justice Barnard not sitting. The People ex rel. McLean vs, Ethan Flagg, Super visor, de.—Order affirmed, with ten dollars costs, Justice Tappen not sitting. Opinion by Justice Gil- bert. Charles T, Cromwell vs. Frederick Marx. Same vs. Same. Same vs. Same. Three motions denied, with ten dollars oosts of one motion, Opini- ion by Justice Barnard. The People ex rel, Wheeler va, Armanda Carson, — Judgment ailrmed, with costs, Opinion by Justice ppen. The Dutch'ss Company vs. Haraings. Judgment afirmed, with costs, Opinion by Justice Gilber:. Jus- 5 INSURANCE Important, to Insurers and Iusure ance Companies, The Affairs of the Great Western Mutual Life Insurance Company in the Courts—Applicas tion to the Attornoy Genoral—Judge Cardozo’s Order —~ Superinton- dent Miller’s Roport, A very interesting and iinportant, though almost rusty, if not obsolete, requirement of law hasbeen taken up, and, for the first time in many years, put to its legitimate use and application. A petition has Leen presented to the Supreme Court on behalf | Of the insurers in the Great Westera Mutmal Life In- surance Company for the issuance of an order by te Court upon the company to show cause why the business of sald company should not be closed and the company dissolved. It may for the informa- tion of the general readers of the H&RaLD be here remarked that there are sull even in our practical days companies who do business upon the principle of the universa! insarance and assurance system of Mr. Tigg Montague, and that there are to-day living victims of the anblushing assurance of the representatives of the said Mr. ‘Tigg Montague who too late find out that they have been perhaps for years paying inte a concern which, like the lion’ council chamber, had many visitors thereto, hut no returns therefrom. In this case the Insurers lu the company apply to the court for an order to compe! the company to show cause why the business of the company should not be closed ana said company restrainea from exercising any of the corporate powers or franchises of said company, and from recevering, collecting or disposing of any money, property or effects owing to or held by sud company. Tn compliance with the petition above set forth through the Attorney General, the State Superin- tendent of Insurances, Mr. George W. Miller, made a report on the general status and flaancial condition of the company, aud upou his report able counsel, in the person of Mr, B. R. Meade, presented the same to the then presiding Judge of the Supreme Court, Judge Cardozo, who, after proper constdera- tion of the matters set forth in the petition, ap- pointed Mr. Francts M. Bixby @ receiver, with the powers, usual im such Cases, ‘to take possession of and hold all the property, things and assets of sald company and to receive and collect all premiums which are due or may become due upon policies issued by salt! company.” The interest attaching to this case lies in the fact that It 1s Une first action taken agatnst an insurance company in accordance with the provisions and re- quirements of chapter 406 of the Laws of 1853, sec- non twenty-four, and may either prove a caution te other “paper {tem” companies not to go too far in the Tigg Montague basiness or set insurers right as to the steps to be taken iu such cases made and pro- vided, The interests of the insurers in the present instance are well secured in the hands of Mr. Milier, Supermendent of the State Insurance Department, and Mr. KE. R. Meade, represenUug the Attorney General, JUDGE CARDOZO'S ORDER. In the Matter of the at Western Mutual Life Insurance Company.—Upon a petition and on mo- tion of E. R. Meade, of counsel rep.esenting the Attorvey General, let the Great Western Matual Life insurance Dom pent located in the city of New York, show cause before me, one of the “justices of this court, at a special term thereof to be leld before me at the Court House, in the oily of New York, om the 19th day of December, listant, at balf-past nine o'clock la the forenoon, or as sv0n thereafter as counsel can be heard, Why the bustuess of said com- pany should not be closed aud said Company dis- solved, it is hereby farther ordered Uhat in the meantime and until the further order of his court the said Great Western Matuat Lite Insurance tuce Barnard not sitting. William H. Welling et al. va, Thomas Welling et a.—Decree of Surrogate aflirmed, with costs. By Justices Barnard, Gilbert and Pratt, The People vs. Rel.-The New York lwbriate lum vs. William R. Osborn.—Order reversed, with ten dollars cost. Opinion by Justice Gtibert, In the Mauer of the Acquisition of Lands by Dutchess and Columbia Railroad.—Order aifirmed, ‘With ton dollars costs. Justice Barnard not sung. National Bank: of Brooklyn vs, Noxon. Order afiirmed, with ten dollars costs, A, Bininger et al. vs, Peter Coodnough,—Judg- ment aflirmed, with costs. Justice Gilbert aot sit- ting. costs, yusticc Barnard not sitting, William B. Hart et al. vs. Williams, Fon Wyck.—Judgment reversed and new trial ordered, Costs te abide event. Opinion by Jusiive Pratt. Justice Barnard not sitting. Mary C. Porter vs, William M, Parkes et al— Judgment afirmed, with cosis. Opinion by Jusuce Pratt, Justice Gilbert mot sitting. Henry D. Brookinan Robert W. Milbourn,— Judgment affirmed, with costs, Justice Gilbert not sitting. SUPREME COURT—SPECIAL TERM. Ts It mn Nuisance? Before Jadge Pratt. Some time since the Board of Health declared that Eas’ chemical factory, tu the Eastern district, ‘Was a nuisance. Yesterday Mr. Culien made an ap- plication to Judge Pratt fora wrtiof certiorart to review the proceedings of the Board, The Judge granted the writ, which 18 returnable at Ue next General Term of the Supreme Court, SURNOGATE’S COURT. Wills Admitted, &c. Before Surrogate Veer During the past week Surrogate Veeder admitted to probate the wills of John King, New Lots; Jolin G. Clayton, Flatbush; Margaret K. Johns, Mass, and David #vans, George W. Cruger, Urian Levi- son, Edward Bailey, Robert E, Finn, Daniel P, Cavle and Ennis Jackson, of the city of Brookly! Letiers of administration were granted on the estates of Philip Brehme, Gotfried Reusch, Susan L, Brown, Charles I, Farrar, William @roweli, Susan F. Walker, Ezekiel. ‘Smith, Cuaries figgen- botham, John A. Cook, Charles Ashly and George C, Briggs, all of Brooklyn. Letters of guardianship of the person and estate of Jane Johnson were granted to Agnes Paul, ner sister, and of Mary Ano Keasel to Magdalene Hoit- ner, her mother. THE SHOEMAKERS’ STRIKE. Stntements of the ManutncturersWhut tho Knights of St. Crispin Say—They Threaten to “Put a Head On” Their Rocalcitrant Brethren. ‘The relations between the employers and the knights of the Crispin Order are hot materially altered, A HERALD reporter, who called upon Messrs. EB. C. Burt & Co., ascertained that many of the workmen have accepted the reduction of fifteen per cent proposed te them a fortnight ago—which would average their wages at about $21 50 a week-- and will resume labor next week. In spite of tho intimidations practised upon them, Mr. Burt stated, these men came voluntarily, and tuat there willbe NO DIFFICULTY IN-FINDING HANDS to work on the terms aboye mentioned, The Cris- pins will probably threaien these new hands, aud he nad detailed one of his employés to keep o gang from blocking up the passage to the store. Tue HERALD repurier then accosted the band of Cris- pins who congregated around the entrance of tue establishment, They denied any INTENTION TO USE VIOLENCE upon those who accepted work on the terms pro posed by the employers, They would only use fair words and persuasive arguments to effect thei purpose. In tact, they st up the losing game of watching the doorway and siart @ co-operative store ou tivir own account ‘On the other hand, the man who keeps the stand near by said that tii to “put ahead on” the recalcitrant breturea Wao broke their allegiance to the order. Tue HERALD reporter then called upon Messrs, Gd. T. & ©. Morrow and found the same nuiaber of Ori pins around tire entrance of the estabiisnment. members of the above-mentioned firm stated that and of Crispins congregating outside bad pre- ed, bi THREATS AND VIOLENCE, a number of men who were willing to work-ftrom going up stairs, But they bad sen? an agent to Mas- Sachuselts in order to engage workmen there. Whether tney are to be “heathen Chinese” or of the light complexioned descripuion they would Hot sa. They had received letters from several workien stating that they were afraid to run the gauutiet of the Crispins around the ba one man had worked a quarter of a day, but on leaving the estab- lishment the gang threatened to PUY A BULLE? THROUGH TIM if he went to work again. A great number of poor girls who were employed to do the stitehing work are thrown oat of employment through ihe strike, and on them the loss of Wages Welghs more hes vily than on the en ed that they would give | Agente Company and atl iis oMicers, directors, ager loyes of every manner aod nature whats Ye and they are hereby enjoined and restrained irom exercising any of the corporate powers, or fran- chises of said bompeny, and from ving, collect. ing Or disposing of any moueys, property or effects owing to or held by it. ‘Thai in the meantime and until the further order of this court Fraacis M. BLx- by, Esq., on filing a bond with Uns cot to be ap proved Dy a juscice ttereoT, In the sum of five thou- sand dollars, with one or more surcties conditioned sor the fasthtal performance of Is duties, be aud he is hereby appointed receiver, with powers asnal in Buch cases, to take possession OL and hold all the property, Uhings and assets of said the Great West. ern Muiual Life Insurance Company, and also to re- ceive and all premiums which are due or may Lecome due upon policies tsxued by sad company. ALBERT CARDOZO, New York Supreme Court. Surkeme Count—City and County of New Vork.— Inthe Matter of the Gredt Western Mutu! Life Insur- ance Company. ‘To THR SUrkeM® Covrr:—The petition of the Attorney General ef the 2 of New Yerk, on behalf of the people of the sald State respecifaily showeth— ‘Laat in accordance with the provisions and re. quirements of clupier 469 of the laws of 13% puon 24, and the amendments thereto, the Superinteu- deat of the Insurance Department, has made we following communication to your petitione: SUPERINT2) r “8 REVORT. 8 DRVAREM BN » Dec. 15, 1870, MARSHALL B. CitamrLain, Allorgey General State of New York: Having recently nade 4 personal examination Into the amMairs or the Great Western Lite [Insurance Compaoy of the and State of New York, it ; &ppears to me, as result of said exarmination, That (he assets of kala cetupany are insuiiciont to relnsure 18 outstandiug risks; be entirely absorbed, and there seems to | cess Of labilities, exclasive of capital stock ever eis, @f over $26,000, lu puts statute in such case made aud p . communicate said fact to you for your action In the premises. Anuexed hereto you will find a report of my said eXamimation, With schedule of ie asseis atid lwwbilities of said company, GEGRGE W. MILLER, Superintendent, WHY THE BUSINESS GF THE COMPANY SHOULD NOP BE CLOSED. ‘That, upon the receipt of such communication, tt becomes ihe duty of your petitioner to appiy Lo the Supreme Court for an erder requiring such com- pany to show canse why the business of such com- pany should not be closed aud the said company dissolved. Wherefore, upon the foregoing communication of the said Superiuveudent and the report therein specified, and witch is on file in tie Insurance De- partiuent at Albany, @ copy of whieh repori, except the schedules and other papers therety attacned, 1s hereto annexed, and which several papers are to be taken as & part of this application, your petitioner prays that such order may be granted. MARSHALL B. CHAMPLAIN, Attorney General. WHAT MR. MILLER FOUND. I, George Miller, Superinicudent of the Insnrance Department of the State of New York, having ex- amined personally into the aflairs of the Greav West- ern Life Insurance Company of New York, do report that said company was duly organized as a life in- surance company in thy Staie of New Yerk, on the goth day of December, 1865, with a capital of $115,000; that satd e. ination Was made vecween the 1st and 15th days of December, 1 and that £ find that the eative itabilities of said eumpauy exceed ils entire assets—about $140,000, The anvexed schedules | report as true statements of said assets aud Uabilitics. - GEORGE W. MILLER, WESTREN MOTDAL LIK OME AN apilial appears to an ex- 1 I hereby FOUXDULA OF TOR GRRA INBURAD Cash... 30,778 07,540 * 5400 Yremnulum notes. - reat Loans on poilcies. a4 Deterred premiums. Baie Interest acerued on noi 500 Das ut 7,048 cn) insurance Compan, Bu ta! Lite Insurance Com tS ® 885 a ‘anhattaa Gas Company 15 Security Lite insurance Compat Life Insurance Company ual revenue atamps... Chatham Rank., Rohert i 2 Jobn HB kbar > G H. i. 01 bb 1. 0. Winsl mee 6 Cinnws adjasted, but not p: 1,850 Chima from Cincinnati a 180%) Amount required to of Habilities over assets, xconding capital... $2619 of Hubtilstes over asseis, including cap.tal... Mila rderte show cause under tho rallny of the rh Court 1s yoturnable to-morrow. The Sheboygan and Fond du Lac Ratlroad Das been sold to nh heed Clipe pane Keiko which 1s to take possession and Ment on the Ist of January. 11 is also said tuat te lane will be extended westward next spring,