The New York Herald Newspaper, April 8, 1877, Page 15

THE COURTS. Religious Corporations Must Respect the Legal Rights of Members. DECISION IN REV. (. P. PCARTHY’S CASE. Winter's Discontent Followed by Fruition of Glorious Summer, MORE WEDDED WOES. Rev. C. P, McCarthy has had the good fortune to ab- tain aspeedy decision, although Judge Donobue tn the argument intimated what the decision would be, on the application for a mandamus to compel the Commitree on Discipline, Fellowship and Ordination to reinstate him as a member of the State Convention of the Universalist Church. The facts of tho case having already been fully recited heretofore it is unnecessary to recapitulate them. Judge Donohue gave a decision ip the cat day, in which, as will be seon, he up holds Rev, Mr. SicCarthy in the bold stand he took to stand up for bis legal rights In opposition to the action of the committee depriving him of suca mgbts. Toe following is Judge Donohue’s written opinion, embody- Ing bis decision ‘he facts of this case are very simple, The relator occupying a position in corporation of which tl wefendants are a committee, had charges preferr Sgainst him that he claimed to be false, and in due form was cited before the defendants’ committee tor inquiries on suoject matter of the charges, He deeming the charge libellous and untrue sued the party Presenting tbem and also claimed tuat he would sue any witness, lo use tho words of the suspension, “Any who in bis opinion would testify wrongtully against him.” For this, and this ouly, as appears by the suspension, "ho was suspended. The real and sole ground vf the suspension is that he asserts his right as a citizen to appeal to tho courts for legal redre: It does not seem to me that wo have yet arrived at the perioa when appeals to tho roperly constituted courts for redress is to be taken ime or forteiture of any right that the party peals has. Tue question being to simpie on this poiut and one olf firet principies bardly Justities the discussion of authorities, The General erm b expressly decided the point in a case against the Cot- ton Exchange. Statements were made on the argu: Ment outside of the causes stated in tho suspension, but these L have nothing to do with, The casc must be decided on the merits as it stands, The relator is entitied to the mandamus, but, as the respondents make some question as to the service, let it be an al- MATRIMONIAL TRIBULATIONS, Annie N. Menomy says that her; husband, Goorge W. Menomy, is an babitual drunkard and ill treats her, Bhe charges that he sots an evil example before his children, and has so abused her boarders as'to dri them away. Not only according to her story is he guilty of all these things, but Le nas also, she says, Used violence to their eldest daughter. Not relishing this sort of treatment, the wile has brought a suit for fimited divorce, The matter came before Chief Justice Daly on a motion to compel the plaintilt to make the complaint more definite and certain, Judge Daly yes. berduy rendered a decision denying the mouon. 0 Netlie Freed also claims to be a deeply injured and Ml treated woman. She avers that her busband, Al- bert Freed, not only retuses to suppert her, but that atone time he simed a blow at her with # batchet, Qud on another occasion attempted to stab her with an open penknife. They wero murried in 1873 and have ‘one little girl living, She says ber life since her mar- Tiage has been almost intolerable and she now 8 to get rid of her marital ties, With this end tn view, through her counsel, Culonel George H. Hurt, sho has Drought an uction agaiust her husband for limited divorce. Chiet Justice Daly yesterday ordered a rei ence to take testimony, Catherino A. Darny has brought a suit for divorce Qgainst her husband, Emilio Alfred Darny. ‘The par- ties were marricd in November, 1871, in thiscity, She burges him with various adulteries, but mentioning, bowever, only adultery with Rosalie Wehle, at No, 16 ‘West Twenty-sixth street. As the defendant cannot be found Jucgo Donohue yesterday granted an order per- mitting service of the summons by publication. In the crim. con suit brought by Philip Guesberg egainst Lazarus Miller to recover $5,000 damage which was argued before Chiet Justice Daly on a mo- tion to vacate ap order of arrest against the deiendant or to reduce batl, a decision was yesterday rendered by Judge Daly, in winch he says that be thinks the charges against the detendant are true, but itappearing that be has a wile and four children dependent upon him for support, he reduces the bail from $2,000 to $500. Mr. Douglas A. Levien. Jr,, appeared for the plaintif, and Mr. A. Hirshfield for the defendant in the suit tor divorce on a charge of adulter; brought by Kitty Powell against Richard Powell, Judg: upon application of Mr. Wiltawm F. Howe, the plat ‘s counsel, directed a reference in phe case. He appointed Mr. Jefferson M. Levy as such roter SUIT AGAINST A LAWYER. George Hoffman and Albert W. Curtis, business partners, charged D. W. Sparling, a lawyer, of Kings- ton, Ulster county, with having obtained possession in some way unknown to them of a claim of $213 64 of theirs against Danicl Barry, and with paving brought suit for its collection, They say that he managed the case in such a bungling manner as to entail costs upon them for $62 50, which they were compelled to pay, and after whicb they employed a lawyer of their own selection. They have brought suit aga nst Sparling tor $500 damages on account of his prosecution of this action, They state further in their complaint that Rparling prosecuted eight or nine other suits, claims bf theirs against devtors, a knowledge of the prosecu- won Of which they obtained through bis ‘rendition of ‘ and exorbitant bill tor unauthorized und unjus- WOavle and uoskillully periormed alleged services.’’ On account of these latter suits they claim to have voffered $1,000 damages. dir. Sparling says that the suits Were given to him to prosecute by Mr. Jamos Diamona, their agent, and that he paia a pert of the proceéds to Mr. Diamond and remitted a part to the plaintiff, Aneffort was made to have the caso tried sere, but Judge Donohue yesterday, after vacuting a previous order of reference, sont case to Ulster county to be tried. THE LAW'S VINDICATION. The suit brought by Dr. David M. Davidson against Oscar J. Hochstadter to recover $121 alleged to have been collected by the latter in payment of a bill for dentistry and converted to his own use, has been de- cided ih favor of Mr. Hochstadter, It was proved by Mr. Hochstadter that Dr, Davidson owes him $191 for legal services rendered und a number of lawyers sub- ted the reasonabieness of his charges, Mr. Hocb- stadtef appeared on two occasions belore Mr. Kelly, the referee, and the piaintifl’s attorney not appearing neither day and not going on with hid proof, alter waiting an hour on each occasion, he took tis dolauit. Mr. Hochstadter, howover, Is willing at apy time to bave them procced to investigate uny matters charged againsthim. He says he was never arrested in bis life nor attacheu, but nas been for seven years, both a student and lawyer, in the office of prominent la’ yers of this city, aud that the charges ugainet bim are entirely unfounded and unjust, WINTER'S GLORIOUS SUMMER. At length Mr. Winter, the wealthy septuogenarian bdacholor, after being buffetted about for years, and a pording to his story, as fully published in the Henan, having been allowed in this time no voice whatever in the management of his largo ostate, bas found a friend in court in Judge Donohue. A decision was given yesterday by Judge Donobue, on the motion recently argued before him to contirm the report of Mr. Frederick Stoyth, recommending the appointing ot Edgar 5. Van Winkle us trustee in place of the Jono H. pite, He denies this motion, leaving to Mr. Winter tho selection of his own trustee, . DECISIONS. SUPREME COURT CHAMBERS, By Judge Donohue. Hofman vs. Spurling.—Kolercace set asido and ventie changed. Beaumont vs. Newman.—Ordor grantod. dum, &c, Beer vs. Rathbone,—Motion granted, on payment of Costs of Inquest (not allowance) and costs ol motion, é Herman vs. Ludvigh.—Motion granted. Memoran- jum, Waite vs, Smythe.— Motion granted. In the matter of Irelund; matter of Othout, &. ; Dram vs, Sanderson; Blatt vs, Schwarz; Hackewman @o. Arnstein; matier of Ingersoll; Bellamy va Willis Granted, SUPREME COURT—SPECIAL TERM. By Judge Van Vorst. Seaman, &c., vs. Wall ond another, —Findings signed. ‘arr vs. Hall et ai; Réese vs, Koopp et al.—Find- {ngs ond deerce signed. SUPERIOR COURT—SPECIAL TERM, By Juago Curtis, Hilman vs, Smith. —Order settied, Lawson vs, Main.—Order signod, ly Jadge Seugwick, Nitschko vs. O'Neil et al —Order soitled, By Judge Santora, Horey vs. Hubbard,.—Order granted and undortak- ngs approved. Klverson vs, Vanderpoel.—Remittitur filed, judg- ment allirmed. Wandell Grogory ot al.—Referce’s report con- Brwed and judgment Of foreclosure and sale ordered, Freeman vs, Smith,—Ordered on special calendar for April 13. ‘Grats vs. Schall.—Ordered on calendar for 9th of Apri Van Hoesen vs, Bloodgood.—Ordered on day calendar for April 16, Memoran- NEW YORK HERALD, SUNDAY, APRIL 8, 1877—QUINTUPUF SHEET. Lee ve, Honneguin. —Order granted and undertakings wood vs, Barton et al.— Ordered on calendar for first Monday of May. In the matter ot the regulat &eo., &e., of Little ‘Twelfth street, between Tenth and Thirteenth avenues; Karcher vs. Berliner. —Relerence ordered, Yutte vs. Rauch.—Ihe motion to strike out the answer herein as sham and frivolous is denied, without Craig et al. vs. Harrington et al.; ; Higginbotham vs. Dewilt; Hawley ; Donovan vs. Com: erale ‘'rans- jeymour vs. Hatch ner va, Cander et ; Peters vs, Harrison; Betts vs. Gardner.—Motions granted, By Judgo Freedman, Auffmarth vs. Bostwick et al,—Order sottled, Kaadtmann vs, Hartman et al.—Keference ordered. Motual Life Insurance Company va. Davies et al.— Judgment of foreclosure and sale ordered, COMMON PLEAS—CHAMBERS, By Chief Justice C. P. Daly. Gutsberg vs. Muiilen.—Den! without prejadice, See opinion. + MARINE COURT—CHAMBERS, By Judge Sinnott, Falconer vs. The Peiuam Maoor and Huguenot Heights Association.—Judgment for plaintiff on de- murror, with costs. Walther va. Solius.—Motion gran! Silverman vs. Cohen.— Motion denied, without costs, Proall vs. Price, Jr.—Sotiou to open default granted. Langan vs. Brady-—Motion to open inquest granted, Harrison vs, Coben, —Motion denied. Walker vs. Witte; Durtan vs, The Central Verien, Howell va, Behring; Barry vs. Engelhardt,— Motions granted, h ations: 4. Ehret va Schmit ve, H Calhoun Company vs. Van Ranst; Wilson vs, ‘McDou- ald; Ostranuer v& Goldmark; Ostrander va, Reno. — Detaults acted. Cincinnati Enquirer Company va. Stephens.—Stay ‘vacated, A BOLD BAKER. The restdéfice of Michael Kaeiser, No, 391 Second avenue, which is a dwelling as well as a bakery, was burglariously entered yesterday morning by two per- sons, The burglars entored by breaking a glasyina rear window on tke frst floor and removing the fusten- ings of the window through the broken glass, They took away about $50 in money. Kaetwser heard the noise made by the burglars and hastened down and caugit hold of one as he wus leaving through the window. The otnerburgiar escaped, and the one Kaeser had hold of camo near getting off scot tree also, He struggied with ey nd ut last broke from him. » A crowd gathered urglar drew a pistol and threatened une who touched him. Olticers Handy se threats, however, and jay the prisoner gave his around, buy th to shoot any secured the fellow, name, xt the Fifty. Wilson, His age, he said, was twenty-iour, and bis residence No. 544 West Trwenty-fourtn street. He queseee not guilty, Judge Smith held bim in $3,000, iigon is good looking, wel! dressed and respectable in appearance, ROONEY’S SPORT. Officer Lawlor, of tho Nineteenth precinct, about one o’clock yesterday morning attempted to arrest Danie! Rooney, of No, 128 East Fourteenth street, while the latter was recling about drank and disor- derly in East Fifty-first strect, Rooney was not too drunk to fight, so the officer experienced considerable trouble before be could bring tho intoxicated person to the police station, Roonoy kicked Iawlor in the face, and the two struggled together till « citizen in- tertered in behalf of whe officer, ana the druoken fel low was secured, Yesterday Rooney was arraig: before Judge Smith at the Filty-seventh Streot Cour and, on request of counsel, he was beld for examina. tion, The officer 1s badly injured, THE DIVORCE THAT SMITH GOT. Georgo W. Smith and his wife, Mary L., apppeared before Judge Smith at the Fifty-seventh Street Court yesterday. Mr. Traphagen appeared for the defendant, Mr. Smith, He said that the-divorce had beon ob- tained in September, 1876, in Beaver county, Utah, from Judge Cox, of the United States Disirict Court, and claimed that the justice of a police court cuuld not change or review the accision, Judge Smith ad- journed the case so that he mignt find oat how tar his Jurisdiction docs extend. A CAREFUL POLICEMAN. THE WAY A ‘SPECIAL OFFICER” TOOK CHARGE OF A WALL STREET BROKER'S PROPERTY AND THE BROKER SECURED THE GOODS AT A LOSS, For some time past Daniel Loweree, av ex-Long Island City policeman, has been stationed at the Thirty-fourth strect ferry, on the Hunter’s Point side, ‘as a special officer In the employ of the ferry company, and receiving his appointment {rom the Governor. On Thursday evening Inst a gentleman residing in the village of Flusbing, and doing business as a broker in ‘Wall street, missed the late train for home, aud con. cluded to return to New York tor lodging. The boat not being in the slip, he went into the waiting room at the terry, and whilo sitting there fell asleep, While 19 this condition Loweree entered tne room, took bis watch and chain, vaiued at 7150, and was in the act of taking bis pocketbook when the gentieman awoke and detected hin. Loweree, finding himselt thus said, by way of explanation, that as he was go home, he thought he would take the gentleman's money to insure its safety and return it to him in the morning. The gentieman then missed his watch and chain, and accused Lowereo of tak- ing them, which he denied, saying that he had seon no watch or chain, and after giving the genticman back his pocketbook Lowerce went home. Yesterday morning the gentleman procured the services of a con- stablo at Flashing and went to Hunter’s Purot. Loweree was sent for, and after being ushered into the presence of the gentleman and the oflicer he was again usked for the watch and chain, and he again denied all knowledge of them. Fortunately, however, two cm- ployés of the@lusbing and North Shore Railroad had ‘ched Loweree’s mover ‘on Thursday evening and had seen bim tako the articles. The gentleman, in order to avoid publicity, und, if possible, securo his property, agreed with Lowerco that it ho would give bim the ticket and name the place where he had pawned the articles, he (the gentleman) would pay the monoy, redeom them and drop the matter, ‘After considerable hesitation, Lowerce finally accom- panied th ntieman to a pawnbroker’s sbop in Third avenue and the gentleman recovered his watch and cbain upon payment of $50—the amount advanced It is alleged, further, that $25 paid tothe Flushing officer for aid im recovering tho property and compounding the felony. BUSINESS TROUBLES, Sidney B. Bevans, a prominent cotton specalator, has been thrown into bankruptey by fifteen of- his creditors, and the matter has been referre:l to Register ‘Allen to take further proccedings. Among the cred+ itore who unite in the petition the following :—D. Watts & Co., $5,442; L. ©. Lathrop, $2,592; Walter & Krohn, $2,978; Perkins & Co., $1,950; Boggots & Hunt, $1,858, ‘A meeting of the New York creditors of FE. Levy & Co., of New Orleans, was held pitty Te at the Su Nicholas Hotel, Mr. Hecht, of Hecht Brothers, was chosen chairman, und claims to the amount of $36,000 were represented. A co mako a further invest: what compromise could be m: KS were ex- amined by parties sent to New Orleans and found correct, A. A. Selover, who went into bankruptcy last July, has applied for his discharge, und Register Dwight has ordered the creditors to show cause why bis petition not be granted on the 30th 1 At the time ot re the im amounted to $660,000, Among bis creditors is Trenor W. Park, Whose claim was for $25,000. TRANSPORTATION PROBLEMS, The following letter has been sent by the Secretary of tbe “Conference of Commercial Bodics’’ to W. C, Whitney, the Corporation Counsel;— Aprit 5, 1877. Wiursam C. Wartyny, Esq. — Dean Sin—Reterring to the application of the White Star Line Company to the Dock Commissioners for per- mission to lay tracks on their pier, which application ‘was submitted to you as counsel to the corporation, I beg to cail your attention to the enclosed report of toe action of the “Conference of Commercial Bouies” rep- resenting tho Chamber of Co Produce Ex- change, Importers and Groe Trade and the Cheap Transportation Association, Tue meet- ing referred to was beld on the 23d of last month and expresses the carvest sentiment of the entire mercan- tile community, excepting tsolated instances, where Jealousy or petiy sell-interest incites a limited fuctious opposition. Delay 1 fntolligently disposing of this and kindred questions 14 impoverishing the commerce of the city many thousands of dollars daily, and by requ of the conference | submit this statement and urge you to act your proper part unhesitatingly, as one of the representatives of the city’s vast interest. MORE MISSING MEN, Nothing has yot been heard of Mr. Samuel 6. Jeesup, who disappeared trom his home in Camelia street, Astoria, avout (Wo months ago, and his family are in great affliction jn consequence of his continued absence, He was regarded, as a sober, industrious man, who always attended Closely to his business, and the belief is that be met with foul play. Mr. Beener, late proprietor of a German newspaper, published in Canal street, Stapleton, has been missing irom his home for a week, and thet me it he has committed suicide, though say t has leit tor the old country in consequence of fina embarrassment Sut ES SPAM A As RAPID TRANSIT. THE WAYS THAT ARE DARK AND THE TRICK THAT WAS NOT VAIN AT ALBANI—WHO DID TRE KILLING BUSINESS, In a conversation with a HexaLp reporter yesterday touching the defeat of the Rapid Transit bill in the Assembly Mr. S. E. Church stated that the Railroad Committee had five meetings during the session, at which no intimation was given that thore was any- thing wrong about the Rapid Transit bill, Atthe last session of the committee a complete change seemed to have taken possession of the members, One mem- ber wanted to know why special privileges should be given to these railroad companies in New York, and it was answered that the bill gave oo special privileges to anybody in particular, bat tuat it was intended to be a general law applicable to all railroad companies throughout the State, Another wanted to know why property owners, whose property would be injured, should not have the freest access to the courts for redress of their injuries, and was again answered that the bill did not in any way interfere with the right of property owners or anybody else to apply to the courts when, where and as often as they pleased, for a redross of any injuries or even an injunc- tion; but it simply insisted that they should obtain a Judgment before they got an execution, or that they should establish their right to an injunction after trial, WHAT CAUSED THIS CHANGE? These questions seemod to indicate « perfect change of sentiment toward the bill on the part of the com- mittee; it could not be from a want of koowledge of the provisions of the intended enactment, for it wasa short bill of scarcely tweuty lines, clear in its state- ments, and it provided for an injunction in all cases where the complainants might be entitled to it, The objection» mude to it, springing up at the late hour they did, produced the paintul impression on the part ot tho triends of the bill that some new at work to secure its deleat, This impression was in- creased by the tact that chief advocates had been assured more than two weeks previously by 1s principal opponents that there was no use =i =working §=for = it—the bill would never come out of the committee, and it was remark- able that at the final hearing the enemies of the bill le that at the last hearing 1) documents were submitted on the part of Iriends of the bill, including a law of Pennsylvania almost identical with the proposed one, but stronger m go far as it forbade absolutely the issuing of any ipjunction until after trial, and includiug also the elaborate report of’ the Society of American Engineers, indorsing the olovated rail- Toad as the best method of rapia transit for the city of New York, Both of these ihe committeo promised to carejully examine, Yet in less than an bour alter the meeting closed, cn motion of Mr, Moller, of Westches- ter, the committee decided upon an adverse report without the possibility of baving made any such ex- amiaation, MR. MOLLER, ASSEMBLYMAN, Mr, Moller resides at Irvington, on ¢ River, and represents tho lower halt of \ county, a district more deeply interested in rapid tran- sit than any other in the city, and dependent upon its accomplishment lor ready aveess to the business part ot New York. Hundreds of bis constituents who ride over the Elovated Railroad every day und are all bis earnest iriends urged the extention of the road and the completion of the rapid transit system. Some of thom are large investors in the liuc, Mr. Moller bim- self formerly expressed to its officers great friend- sbip forthe road, He rides over it daily in bis trips to the city, and bis sudden change in disposition toward it is to them utteriy incomprehensible, The subsequent disposition of the bill in the House showed un the of tho representatives a complote ignorance of the terms of the bill. wes membet who oppose’ it seemed to think in sdme way that it Was an invasion ot the rights of the citizens, whereas the bili plainly sbowed on its face that It waa uo such invasion, Dut that it respected every right of the pub- lic, Mr. Fish, who ts by far the most '*numerous’’ member of the Assembly, seemed to think thi bill which required before he was granted an execution, great public interests were concerned, wi OBSEQUIES OF MR. MONTANT. The obsequics of Mr. Louis Montant took place yester_ day from the French Roman Catholic Chureb of St. Vincent de Paul, on Twenty-third street, near Sixth avenue, the interior of which was beavily draped in mourning. Long before nine o’clock the church was more than balf filled by a most aristocratic and fashion- ablo assembly, friends of the deceased gentleman. Shortly before the arrival of the body atthe church there drove up four carriages filled with flowers, which were deposited in front of the altar railing, At half past nine o’clock the remains, enclosed in a bandsome casket, arrived at the church, the following gentlemen acting bearers :— Messrs. S. 8, Howland, Richard Irving, Jr., F. A. Miller, W. B. Parker, L. £. Frith, Edward Kenney, Dr. Haight, A. apford, L. Mesier, F, N. Foot, H. W. T. Mali, H. ‘Trumbull and F. A. Ovig The ‘vices consisted of solemn high mass, at which the Rev, Father Aubri acted lebrant, Rev. Father Tournie as deacon and discourse eulogistic of the deceased geptieman. Tho casket was of highly finished rosewood with silver mountings. Alter the services the body was taken to Calvary Cemetery and deposited in the family vault. REAL ESTATE were disposed of yestegday by public *~ parcel j auction, at the Real Estate Exchang@, No, 111 Broad- way Foreclosure sa\ RY HH. ¥. MARNRTT. Kelley (referee! 7th av., 75 it. —of one 127th West 127tl Bryant, plantiff, as trusts BY SCOTT AND MYKKS. Trustee's sale—Charles Devlin itrust wuses, with lots, each 25x100, Now 244 and West 11th st., n.'s., 75 ft. 6, of 4th st., to Margaret, Inglass, ae o Foreclosure sale house. with lot It. «. of A, to pany, plaintiff, to ‘Total salos for the day TRANSFERS. 4th av., 8. w. corner 2uth at. 2 Campbell to William M. Leslie. 12ith st., n. 6., 140 ft. 0. of ‘Upenheim Bure! 80.5 It, Of SUA st Voillon and wife to Edward Sei . 85,000 Se. between Ist av. And av. A, 60.3x irregular; Jami wife to William 1. Lwew . sete * Lydecker ( v s. w. corner Unik ‘Shepard (referee bo, 155 it, @. oF Le. 75 ft Keiley (reteree) to Her 14! th ste, & 9 ft. we ir, (referee), to David 2,100 Madison st. s 8. 404 th we of C1 David Barnett (referee) to Cathar 6,000 Ot av., Ho f TBM ste, TOK 102, ie with (referee) tu Manhattan Lite Jusurapee Com- 10,000 x ro asl Life Ineur: 1,000 10,000 1,600 yeni Browning 2,000 10,000, 5.000 1 year... b Wm. ti. 00 10,000 1,500 10,000 5,000 yenrs 6 » John Dyer, w. 5. 1 year to Max Wei 200 6,000 2,500 12,000 1,600 5 years 3,000 Myvi, R. b., to 6 U. Lord anv. ;Byoars . * f » Lord,'s.' 6. corner of 4th a: 10,000 15,000 6,000 aud Tith st. td (trustee), @ # of 4th av, 0. of Byears.., THE MARTYRS OF DEBT. Abuses Growing Out of Imprison- nt for Debt. LEGISLATIVE AMENDMENTS NEEDE A Careless Administration of Justice Which Should Be Corrected. | i Several letters have appeared lately in our “Com- plaint Book"? on the subject of imprisonment tor debt, and as the Heap has promised to make an tn- vestigation in every case in which there appears just ground for complaint careful inquiry was directed to be made into this subject, The result seems to be that, whether from the fault of the law or the abuses whieh have grown up under a careless administration of justice, there are undoubtedly many cases in which men are imprisoned in Ludiow Street Jail and held for terms of considerable length who bave committed no crime except tho jous one of being poor, OF course, where a man has obtained goods or money on false oF fraudulent representations it is ad- mifted on all sides that his detention in jail is only a just punishment. But there is even a question as to the justice and wisdom of that provision of the Still- well act (under which imprisonment for debt is sup- posed to bo abolished, but is not abolished in fact), which allows the summary arrest of the debtor wher- ever the creditor chooses to charge fraud. A certain looseness hus undoubtedly grown up in issuing these orders of arrests, and very many men have been im- prisoved of late years in Ludlow Street Jail who, upon a subsequent showing, but not until after great delay, bave been dischargea on the ground that the allegation of traud could not be maintained, and was only made in order to throw the poor debtor into prison, @ proceeding often the result of malice or spite, On these and other casos of legal oppression Deputy Warden W. 1, Garduer, of Ludiow Street Jail, who bas occupied the position for over twenty years, is prob- ably the best authority that could be named, and his viows were, therefore, sought, DEPUTY WARDEN GARDNER'S VIEWS, Mr, Gardnor stated that there were in bis experience undoubtedly a great many cases in which the law seemed to have operated harshly, oppressively and even upjustly, “Take, for instance, imprisonment for debt allegod to have been contracted by fraudulent represon- tation,” said Mr, Garda “it is often only a tool of persecution and hardship. All that the plaintiff necds to do is to make affidavit, tnat he believes the defendant intended to defraud him in order to throw bim into jail for an indefi- nite length of time, and the non-payment of the debt ie generally the foundation for the belief, Tho debtor is arrested and has to wait for the law’s delay to pro- cure bis discharge, when, if tho truth were kuown, the plaintiff! was just as anxious to soll as the defend- ‘ant was to buy, and, knowing that he nad the law of arrest to help him outif the buyer did not pay, tho Platatiff was willing to take his chances ’” When Mir. Gardner was asked what remedy he haa to suggest for this abuse of tho law he replied that judges should be more carelul in requiring positive evidence of fraud betore granting an order ot arrest, “The law giving the power of civil arrest,” said Mr, Gardner, ‘‘is in most cases only used asa means of oppression, The arrest is nearly always made at an unseemly hour in the evening or inthe night, When no bail can be found. Asto the amounts collected from parties who have beon imprisened hero it 1s our ex- perience that they will not pay the expenses of collec. tion in most cases, It would be much better in my Judgment to amend the criminal Jaws so that the fraud. ulent debtor would not only be criminally punished tor his traud, but also be required to pay a fue to the com- Diainant”” SLANDER VICTIMS, Mr. Gardner said that another great source of op- pression and hardship was the power ot arrest in civil actions for damages for suppused or alleged injury 10 person or character. “Two Irish washerwomen quarrel about a clothes. line,” suid he, “and call cach other names, Husbaud A sues Husband B for $5,000 damages tor slander, and Bois hi to bail, and if the amount of bail be only $500 be HOt give it, aod must go to jail till the case 18 tried, which inuy not be fur months, In the case of 4 poor workingmaa or laborer you olten might as well exact hail a million bail as $500, Many of tuese poor men b no means to employ a lawyer, and whiic they would probably be discharged if they could make @ proper application, they must linger in jail because no jegal aid, such as every man is entitled wo, 18 ex- tended to them,” Mr. Gardoer, who, although he makes his living by the operation of tue law which allows imprisonment for debt on all sorts of trivial pretexts, 1s, neverthe! thus frank enough in exposing the 1ojustice practised under its prot ‘ay HOW requested to call out some Of the most deserving prisonors. A DIVORCE CASE. The first prisoner called out was Peter Router, a Ger- man, of avout forty, dark paired anu with a dark, | bushy beard, His expression of countenance seemed frank and honest and :o inviie sympathy. Reuter bad | been 1 the jail since the 10th oi August Jast for non- payment of alimony, unucr a decree of the Supremo Court. Lt appeared trom his story that seven or vight go hix wile had sued him for a divoree, apd sub- uy, upon the report cf a referee, he was ordered 1o pay ber $15aweek ulimony. He’ leit the State, being uoable to pay the amount, Years passea and ho returned, and then be was arrested and ordered to pay the whole amount that bud accrued ($4,615) and committed: in detualt of payment. He said’ that his wie claimed that he was worth $10,000, aud tuat he was secretly uterested in manulactorics ol jewelry, a | business in which he had formeriy been engaged ‘in } Maen Jane. Reuter protested in the most eurnest maocrer that he was not worth balf a dollar, pot to speak of $4,615, He pointed at his ragged shoes and bis torn clothing and said:— “Do you pare would go about like this if I haa ney so uppeared that he worked in the jail assisting the cook aud performing other duties, and he declared that he preferred to divert his mund by such work to spending the tue mn irksome idieness, ‘Do you think that I would work like that if I had the money” he askeu. Mr. Gardner was appealed to as to the trath{ulness of bis representations, and he gave it as his opinion that the man was really destitute. Char! ay counsel tor Reuter, had bis discnarge, but both wer before whom the case was vrought on a writot habeas corpus, Was sought, and he stated that the proot offered by Reuter’s counsel that he had no means was insuflicient, and furthermore, there were other el meuts in the case which showed him to ve undeserving of sympathy and for which he should be panished, IMPRISONED ON AN EXECUTION FOR Cuxts. While ihero may be a doubt in this case there cer- tainly was nore in the next. This was the case of Michael O'Maly, an honest, sturdy old Insti: seventy-lour, Who told this romarkabie stor: eight years ago, while he fived ia River wile bud w quarrels with another Ir they called each other names. In an evil hour he was prevailed upon to xo to u lawyer and bring a suit against Ube bostiie party for siiuder. Subsequently, As it Was & Very trivial Ioatier, he Wanted to drop the suit, and went to the lawyer to express Ute wish to that effect, The jawyer was not to be baiked in this manner, however, and told he could not discontinue the suit, The case wont on, owas tried da judgment was gi against O'Maly, for $175 costs, ,Ho was unable to pay this amount, being only a poor inason who had been out of work tor a jong time, and anexecution was issued against bis person in default of payment. In November, 1874, he spenta weck in Ludiow Street Jail im cons¢quence of the disastrous result of this | uit, Sheriff Conuer finally accepted his bail tor $350 and he Was aliowed to go “on the limits”? sberut | Reilly, however, had to secure himsell against the possible worthlessness 0: the old bail, and O’Ma'y be- ing unable to turnish new security, he was again sent to | Jat, where he has now been agan over two weeks! This old man’s family 1s de iim tor their su) port, He has no lawyer wnd cure on although now upon representations of this case being mado by the writer to respectable attorney in Vine street tbe latter promised wo procure his discharge | free of cost. The injustice praciised in this case is ue clearly manifest a the fact that he 1s :mprisoned for one cause solely—namely, poverty. ‘Tix, ike maoy others, is Virtually @ case of iraprisonment for dept, THE STILLWELL ACT, Tn this connection it is well to show that the Still. well act, by which debt for imprisournent was meant It hus by bo means ly attained) jeaves numerous loopholes open by which people can be imprisoned for debt. ‘The tirst puragraph seems comprehensive enough, for it ts as follows :-= Seet10% 1. No person shall be arrested ms Heong OME OF any. issuing out of bim ¢ imprisoned on 1 Any contraet, express of implied, of for the re dainages for the won-perormance of any ¢ ARMKATS IN CIVIL, BUTS POR DAMA Subsequent provisions, however, allow arrests in numerous cl of cases in which much abuse is practixed. Arrests ate inude lawful (or suits for dan ages Drought for alleged injury ‘to person or charac: ter.’? Under the latter provision editors may be st marily arrested on the most flimsy charges of libel, and ifunabie to give batl mast go to jail, and every petty row which ives rise to) a malicious suit’ for slander, — such the — *“slothon- line quarrels,” spoken of by Deputy Warden Gard- ner, cun be easily made the protext ior throwing an Innocent person into jail, Judges of the smaller courts and the Marine Court have been espec Franting orders of arrest under section 179 of the code relating to civil arrests, The writer sought the views Of prowiuent lawyers aad judges on this subject and nearly all admitied that great abuse was practised Uoder this power of arrest jor injury “to eharacter.’"? A prominent Judge of the supreme Court—who did hot wisd lis name to be mentioned im the publication of bis views because he dest ea to present them in a more carefu'ly elaboruted torm, when they would ap- pear under bis own na: i “1 think a legisl abolishing or Freatly restricting this power of arrest in these ordi- nary crvil 8 for alleged injury baracter would promote the cause of justice and prevent many harsh } And UDJUst arrests. This power operates mestiy against the poor, for well-to-do men always can give bail in Buch cases, Daly, in Davis va, Scott, gave itugs bis Opinion that orders of wrrest should vor be granted ia suits for damages, tor assault, libel of slander, unless the defendant is a non-resident or a transient person, or in extreme cases, AKKEST FOR BREACH OF PROMISK, Another provision excepts prowises of marriages from the guarantee of immuuity trom arrest appheable to other prowizes, and it i found that the best lawyers rogard this provision as one aiso fruittul 1u oppressive and unjust imprisouments, The same Judge of the Supreme Court already quoted above said in regard to this poimt:— “There is no doubt that this power of arrest in suits for damages jor alleged breach 01 promiso 18 very oltea abused, Any woman who has a grievance against « poor man—real or taneiiul—can throw bim into jai by alleging that he promised her marriage, aud—1t make: p difference whether he did or not—the law allows hii Arrest. Judges olten, trom a natural feeling of chivalric protection for the weaker sex, eXact heavy bail, and un- loss the inan 18 rich or has rich friends he must lau guish in jail uDtil the case 18 decided.” It will bo observed that in ail these cases the im- Prisopment is repugnant to that sp.rit of the modern Jaw which requires that no inap hull be imprisoned except lor criines or offences against the law, and wot Jor pecuniary demanas made upon bim by others for ulloged injuries, Which may bo of the most visionary aud fancitul character, ‘The Martines-Valle case was & conspicuous imstance of this class of pros cution: waich are 80 greatly aggravated by the power ot ar- Test, As the Supreme Court Judge above ulluded to ‘is respect, however, there exists no such Pressing necessity of amending the law as in the others: whieh you have mentioned, for 1 am bound to stato that this class of suits—nameiy. for breach of prom- ta re becoming rarer and rarer, Juries will scarcely ever award damages to any cousiderable amount, and the general conviction that two-thirds of these cases are ot a blackmailing pature bas greatly discouraged the host of hur suitors. But even vow you wit tind prominent lawy who are fairly overrun with women © they fancy, has injured them, and they will tell you they Lave Ww retuse nine cases out of ten, pecause it would bo useless and idle to gw SUL Where it 1s Manilest that the woman was quite as culpable as the mun, and now only tries to make money out of ber voluntary sg rcasion,’? A peroty coxsran. But to return to tho univriunates in Ludlow Stroet Jail, ‘The next man brought down was Mr. Joseph A. Calvert, a deputy constable of Ponadelphia, a straight torward aqd hotest looking map, Who told « clear and intelligent sory, Hecame to New York armed wih @ Warrant for the arrest o1 Audrew J, Mellen. Accord. ing to nis story, Meilen, who 18 alxo now in Ludiow Street Jail awaiting extradition to Pennsyivania, bad gone to Philadelpoia, started a coal yard on credit and engaged a cash boy, who had to deposit with him $000 a4 @ guuranied of Lis honesty. He disc id the boy (Who wus poor and whose parent id to borrow tne $500) and engaged another om the same terms, and then decamped to New York without paying for the coal with which he pad gtocked his yard or returning either of the two $400 deposits. Alderman Cutting, of Philadelphia, issued a warrunt for his arrest on the ehurge of obtaining $500 on false pretences, aud Calvert came here to arrest Mellen. Calvert committed the unintentional error of judgment of arresting Mellen and holding bim in custody trom eight P, M. on the Sth of January vill two P. M. on the 6th before turning him over to the authorities at Police Houdquarters, Mellon brought suit against Cale vert for faise imprisonment, in the Marine Court, and recovered $1,000 damages, ‘Being unable to sutisly the judginent Calvert hus now been in jail nearly seven weeks, while bis wile and jamily are dependent ou his support in Philadelphia, and fis eluest son( aged fiiteen) has been lyiug at the point of death at bis home, The taule he committed was 4s unintentional error of judgment in arresting the man without the assistance of a New York officer, but he says that he applied to the Police Superintenuont such assistance and did not intend to execute the wi rants alone until he héard that tbe mau tor whom had Iruitiessly seurched so tong ip New York w: within his and 1p lis anxiety pot to let him slip away he epprevended bim at once and took bim to Karile’s Hotel, Meilen offering no objection whatever, In fact, Mellen was willing to return to Philadelpnia without waiting for the requisition and extradition warrant, but bis lawyer persuaded om to forego this decision and hit upon the brilliant idea of suing honest Calvert for talse unprisoument! NON-PAYMENT OF ALIMONY. Apropos of the case of Peter Reuter, who is con- fined for non-payment of alimony, the lollowing letter from a respectable lawyer is of interest ;— AvRiL 2, 1877, to-day's Hknanp, calls dthe imprisonment of upon sone uw Stee ein, ‘This subject ix well worthy the attention ris nnd the Lexisiaturs. Many of theas Impcis- nity are illegal, and aro only made possivie either by ig- novence ot the debtor or his want of lunds, Ln many cases partiew aro committed for contempt tor payment of alimony, &c. [have no doult ail these cases of committals or ment of money wonid it varried to Court of providing fort ‘avolition bt, except process in con: 0 entoree civil remedic 110 court other acta which & of equity cu titshonid extend to exses where a party could not be imprisoned upon the judgment of the Court ix impossible. It would set the order of w single Judge above the » of the Court itselt, statute points out how it title 1, sectiv 4 compel w 0 wii the husband appoint ® authority is given tor imprisonment, ve been adjudged unlawtul i ple,” and doubtless would Appeals. Your ‘his lawyer being called upon for further details de- claroa that there Wus not a vestige of legality in the frequent commitments tv jail for non-payment of ali- mouy. The reason why they still continued was be- oi. cause the men who were thus imprisoned were nearly aiway® poor aud could not carry their cases to the General Term and the Court of Appeals, The stature ou divorce, said he, pointed out the exact and only legal means for enforcing orders for ulimony, as tol- Jows:— ht, ofther for a divorce or discretion, require the ry tu enauie the wiie to ey; and it may deo xecution for osts to be paid out of J, of in the power of the Court ot in Whenever the Court shall make an order or» wiring «husband to provide for the mainte: chidren or tor an wilowanee to his wil Court may reauire band xeenrity lor such maintenance and allow the neglect o refusal of the defenda: upon the defi and bis ct to time seem just aud reason- ABUSE OF “‘coNTRMPT.”” There is no doubt that in this power of punishing for what judges piease :o call plempu? yreut abuse is practiced, and many have been the 1umates of Street Jail held iliegaily for some illusory “conten of one otour judges, This 18 tilustrated 11 a recent caso in which Judge Donohue, of the Supr: Court, adjudged adebtor i contempt jor refusing to answer u ques- tion, and fined him the exact ainount of the judgment and ‘costs fur allegod “coatempty’”? ‘The following 1s the official decision of the Geueral Term declaring this action of Judge Donobue illegal. It should be noted ta «¢ that had Wetmore been poor and unable to appeal to the General ferm he would be roving in Juit to this day. A DENEFICENT DECISION. mounted t 'Y proceedinzs w tuted, in witel defendant's partner, Charies FP. Wetmore wits oxamined as witness, Inthe course of his examina: tion he was assed a question, which he deel! by auvice of objects of the witness expressed his willing that it wax prope: wer f 2 and that e be paid by him in five days’ atter 1 the order, “and on failure so ty do” to stand ec to the common jail of the city of New Yor until the paid ‘Henderson, for rexpondont; F. 8. Coudert, tor ap- n , aud Daniels, J., der was wholly with: upon whieb it " 0 ity, and that no facts app Justified. ? The following is a letter from a prisoner in Ludlow Street Juil, which appears tuteresting im this connec. Hon Pity THE FOOR ue Error ov TH HeRALD not your enterpris RESON) R. y x and excellent paper I pinnts, called pinint Book.” I ud with pain the different arcetes being myselt a nitive ber ty te of Lad int siened the simple fves that what Ludlow Street Jain, to do with the out. ineareer- hem have Th have [. 4 prisoner side world? The writer, and many oth ated here for many montis, never been brought once d soveral debtor pri detained hy jnite «number to Uourt for tril fur very saat mirtven days had ex. Recording Clerk ha the wut that the to write the two official words, “Recording after his mame to the discharge.” What riget, may ‘Task, has any officia: in the Sherilt's fice in, that department to neglect so important « matter? ‘There is but one way t tem. Make th man who incarevrates you pay $1 aday for your board mt will soon tind empty eels and tere in Ludlow i ork 1s the ofl U States where imprisonment for debt ts ter city of Brovklyn you cannot out a man in jail without uy a day for bis board. Itis « well ol Yore 6 saned r. pay In advance own fact that the city cents per day ior Street Jail, which of consideration « nice thing. are p nouh to hint, and th are Gecidediy, thas th to speuk very great good Sheri Keilly is deeply interested in keepine Lawlow Street Jail full, Ludiow street Jail ix ono ef the perquisites of the oth ther trifling plekkin in the aggregate will i with fi © salary of the Presi- HOW TO EMPTY TUE JAIL. New Yous, April 5, 1877. To tae Epiror or the Hknaup:— Permit me to ask what has the wonderful calculation of tbe *Swindled Merchant’’ todo with what “Ver: tas’? ts evidently trying to lay before tho public? It a merchant is fool enough to let bim: be swindled | cannot sce why that 18 any reason tho public should be oblized to support filly or sixty prisoners at a cost a) $30,000 annually in a debtor’s prison, 1 should beg te remind this swindled merchant thatif be has beeo duped through bis owa scupidity of avarice thut wm uc reason why the poople should bave to pay « tax to give Dim satistaction; jet nim pay for that luxury bimselt, or else prosecute criminally. If such a programme be adopted Ludlow Street Jail will become a myth, VAVICTIS, THE: IDLE WORKINGMEN, INFLUENCE OF THE WEATHER ON THE UNEMe PLOYED—THE PROPOSED MASS MEETINGS— ASSERTION THAT THE POLITICIANS ARE TEYe ING TO MAKE CAPITAL AT THIS TIME, The recent severe weather has proved disastrous te the hopes of thousands of idlo workingmen. There is always among idie men a more cheerful acquiescence in their unfortunate condition when the skies alone are bright and clear, and when the weather comes stormy there 1s a corresponding depression, There are so many trades depending on the state of the weather for a continuity of work that a succession of rainy days becomes to them a matter of some conse- quence, and atter the recent storm this wi Hiceable, Uptothe time tho equinoctial gale set is there were good reports as to the increasing brisknes: in nearly every line of business, and the idle men were rapidly gotting thiuned out, but ent situation savors very much of ter’s despondency, when so many of mechanics wei thousands walking the streets idle and hungry. The chagrin reported now, however, can at most be only @ passing dejection on account of “hope do ferred,” and no doubt, with tho few fine dry days that we are having now, there will bo no more of the grum. biings which some of the trades’ leaders report to bave been tn circulation, There is no new development it the working of the mechanics’ secret trade organiza tion in this city, Itis reported that the process of organizing the old trade unions on a more solid and firm basis than ever belore is proceeding sutistactorily ; but beyond this the leaders report no serious move. ment on foot. It is expected, however, that in s very short time the unions shall bave been so far re-established as io be able opouly to present a bold frou, It is not intended to urray these recon- structed organizations against employers, experience having shown how futile wonld be such an effort, bus {U 1s contended that the workingmen should be taugoe to rely more on thewselves and be prepared better 1ot emergencies that muy a such as the terrible di tress last winter, 1t i# also an ambition among the leaders so to reconsiruct the societies that the meu themse! shall have the balance of power on ther side; that ts i their upited strength they sbould be Bu strong that they may reasenably hope to be able to control the getting of work, The idew of secking to compel Legislatures to open public work for idle nen was abandoned some time since by prominent leaders of the trades, and is not likely to be again renowed this year by these and thor y fotlowers, as It was found even ut the veginoing U the movement was being made use of for the inter Of politicians and that the probability was thi men wonld be sacrificed eventually in the politica cauldron. Yet, the desperation into which the idle men up town have been thrown during the past few weeks compelied them either to be made use of for political purposes or 1o meet together in mass meeting to mnuke known their wants, unable to continues longer under the pressure of the hard umes, THE LATE MASS MEETING, In convergation with some of the mechanics whe attended (be mass meoting of tho idle mep at Hamiltog Park a lew evenings since it was stated by them ti nearly ull tbe bricklayers of tho city are idie, and voi aciong all the trades that are engaged on new buildings there is equal dulness, which recent stormy ‘wouther scemod to increase, It was stated that auum- ber of mechanics have iett this country for England during the past tow months, The wages in London at the present time for bricklayers i thirteen pence per hour and the men work nine hours a day oud up to ono o'clock on Saturday, while in this _ city # bricklayer re- coves but trom $1 50 to $2 4 day, and only in very rare cases $2 2baday. But the men, it was stated, are willing to work fur whatever they can get, owing to the long idleness from which they Lave suffered. ‘The object of the maxs meeting above alluded to was to petition the members of the Legislature to open public work for the idlo men, und on this point there bow likely to be a collision, for the recognized leade ers of the workingmen’s party are altogetl Opposee to this movement und pronounce it to bea politicat dodge Some of these stated yesterday that at one time during the winter a movement of this sort was put on foot aud was working well until political influ- ence was brougat to bear upon it, and then it wae deemed better to stop it at once. They pow that in some way or olver the. nen who attend mass inceting a few evenings since Were used for surm political purpose, They suy that bh mechanics are ip no way iaoteres public work, except 1n 80 number of laborers employment, for th in their respective trades it would not b help tothem, 1 was further intimated that now made in the direction of legislative enactment in benalf of the workingmen would be useless. A MIXED SITUATION, Tho result would ve, it was stated, that a few As- seinblymen would gain a little prominence as the ap- parent iriends of the workipgmap, and tuat some rousing #peeches would be wade as to workiogmen’s Tights, and so forth, and that finally » bill that might be presented would be killed. There the matter would end at tho end of the session, and all the trouble gone to in this city in the ing up of mi ecuings wonld be gone for nothing. From this conilict of opinion among the workingmen it is not likely that any good will arise, but it would not appear, trom the present imoperative condition of the trade unions, (hat no concerted action of any efficient srt will bo taken now in procuring work tor tue idle meno by an appeal te tho Levisiature. WEST SIDE RELIEF, The ladies of the West Side Relief Association bave secured the Grand Hotel, at Rockaway, for the sole accommodation of destitute sick children under the age of five years. Last summer they found their house at Morgan station entirely too small; though inost bappy results wore achieved with limited meat They wish to put their ganitarium in order immediately, so that the sick little children may be sent to it at the Orst premonitions ef danger, und thereby avoid that delay which last summer cost thousands of lives. About $1,800 ure needed to furnish thy ide Home with dormitories, medical stores, app and with @ full supply of clothing. Not alone our wealthy citizens, but every man, Woman and child, should take an interest in this noble charity. A grand concert, with a sories of bewutifui tabsieaux by 500 children, under the direction Of Mrs Marion Froleich, will be given at Steinway Hall this mouth to raise this sum, Everyone solicited to purchase tickets should re- member that the $1, which is the price of a single 1, will enable the ladies to send one little sufferer life and health-giving breezes of the Seaside Home, where it will receive the tenderest caro and at- tendance for oue week. THE FIRE BUG AGAIN. There was another incendiary fire on Staten Island yesterday morning in an unoccupied framo dwelling on Richmond road and Roit street, Edgewater, Botoro the engines arrived the building was sumod. It was owned by William Jackso oid farmbouse of Daniel Simonson and said to bo over oce hundred years old, though ina good state of pros. ervation. Tho loss is estimated at between $1,200 and $1,500; no insurance, five 18 believed to bave been set by malicious boys. SUFFOLK’S ELECTION CROP, The new Boardof Supervisors of Suffolk county for 1877-8, 18 constituted ua follows:—Soutbold, Heury A. Reeves, dem. ; Southampton, James R. Huntting, rep 5 ward Raa ten ee Babylon, Charies 3. Havens, dem. ; 5) rep. Democrats, 6; republicans, 3; union, 1, THE LIVELY WREN. Bowery Turatee, April 6, 1877, To tHe Epitor or tus Henaup:— Wil you allow me, through tho columns of your widespread and useiul journal, to contradict the many conflicting reports whieh have found their way into almost every newspaper In tho United States, of the death of my sister, Miss Alice Wren, which waa South Atrica, her, dated Natal, Febrawry 10, and Port Elizabeth, Cape Colony, February 15, she reports berself and Mme, Cora’s troupe to be iu the best of health, and on thew bin go had rest Indi By Cott ng the above you will oblige, yours, very rexpecitul phair A OLIVER W. WREN. ;