The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-06

Pers0nated Mary Simps0n-The Whole
Plot Revealed, sc.
SUPREME COURT.
Before Judge Barnard.
The Lorking- King case, which 1t was confidently he
heved had boon finally settled by the decision Of Judge
Barnard and his order directing the drafts to trans
feed the rghtful OWNER suddenly rcappeared yester
day the legal stage IN new and somewhat unexpected
form The Of this revivncation it seems is the
alleged fact that Mr. Frederick King the respondent in
the former proceeding, has disappeared from his
toned haunts and has kept his whereabouts strictly
secret that found impossible to upon him the
order Of the Court by law required Without this
vice and formal surrender executed by King the bank
in which the drafts deposited refused TO giveup
possession Of the bills Of exchange.
Besides this peculiar difficulty another added
Mr. King, not satisfied with his discontinue in the
Supreme Court instituted three suits in the Superior
Court against Simon de Wiser Co., Messrs Grinnell
Mnturn Co., and Moses Taylor Co., acceptors OF
the three bills Of exchange in litigation. The complaints
in these as follows:-
Superior Court, city IF Neo York-Ftedeyick T. King
Simon de Visser, Gc.-The complaint Of the above
named plaintiff by Gideon L. Walker, his attorney
spectfully shows 10 this court that j. M Morales Co.
by their firm of J. N. Morales Il Co., made their
bill OF exchange in writing aud directed the same to the
said simon de Wiser Co he defendants and thereby
required the said Simon de Wiser Co TO pay to Miss
Anne Lorking ORDER thirtyseven thousand dollars
eight days after sight thereof payable at the City Bank
city of New York. which period OF time has elapsed
and the said Simon dc Wiser Co did upon sight ereof
duly accept the said bill of exchange writing and de-
lvered the the said Anne Lorking and the said
Lorkng subsequently, and before the same fell due
for valuable consideration duly endorsed and delivered
the same to this plaintiff and who is the lawful
owner and holder thereof and the said defendants then
promised the SAID plaintiff to him the amount Of said
bill according to the tenor and effect thereof and Of the
said acceptance and endorsements thereof yet the said
defendants, although often requested have not paid the
same to said plaintiff but have refused and still do re-
fuse SO 70 40 wherefore the plaintiff demands iudg-
ment against the said defendants for thry-seven thou
sand dollars, with interest from August l, 1868.
G. L. WALKER, PLAINTIFFS Attorney.
), s 1s;csu co ss Gy & Mss Yor1 S King
L. Walker, his attorney, Respectfully shows to this
exchange in writing and directed 1t TO Messrs Grin
NELL Minturn Co., the said defendants and thereby
Mary Simpson, order, thirteen thousand dollars at
the National Bank Of Commerce, sy OF New York. three
days after sight thereof which period OF time has
elapsed and tho said Grnne, Minturn & Co. did, upon
sight thereof Of said bill Of exchange ip writing &C. de-
vered the TO the said Mary Simpson and the said
Mary Simpson, subsequently thereto and before the
fell due for valuable consideration duly endorsed and
delivered the same to this plaintiff who is tho
lawful owner and holder thereof and the said defend
ants then promised the said plaintiff to pay him the
amount Of said bill according To the and effect
thereof and Of the said acceptance and endorsement
questcd have paid dime any part thereof TO
the plaintiff but have refused and still do refuse so TO do
said defendants for thirteen thousand dollars with in
tercst from August l, 1855.
G. l. WALKER, Plaintiffs Attorney
The complaint in the suit against Noses Taylor is al
most exact copy Of the last with the exception Of
Al the hearing of the this morning Mr. Fogarty
counsel for Miss Lorxng applied for modification Of
the Judges order to render service upon Mr. King
unnecessary The counsel also gave statement OF the
difficulty Of discovering Mr.. Kings whereabouts and
contcnded that the conduct Of both the latter and his
counsel in direct contempt Of the order issued by
Judge Barnard.
MI walker in reply, stated that his only object was
70 protect Mrs Caderon, wh0shad lent thousand
dollars II was for that purpose that the suits had been
instituted IN the Superior Court against the accepos Of
the drafts.
Judge Barnard observed that he had no doubt Mrs
Calderon had lent that amount OF money but II had
whom did the drafts belong, whether to Anne Lorkng
or Mr.. Kingf The investigation already Ind established
the right Of Ammo Lokng the drafts regards the
oanng OF the 81 900 Mary simpson, the Judge
parties that had concocted the affair knew the person
that had pcrsonatcd Mary Simpson, that that person
would be produced ct general term
Mr. Walker asked II Mary Simpson did not have the
money who hadY
Judge Barnard suppose Mr.. King has 1t.
Mr.. Walker-I swan ! can't believe IT,
Mr.. Foparty-I now give you (Wakcr) notice that
shall move for an order why attachment should
Issue against you and Mr. King for obeying order
oil his Honor Judge Barnard.
AIR Walkcr-Vcry well, sir
Mr.. Fogary here Rad the original order signed by
Judge Barnard, who mae such corrections and modin
cations the circumstances suggested BY this new
order the drafts 10 be deposited In the custody OF the
United States Trust Company subject 10 the will OF the
Court and subject TO suit against one OF the $4,000
drafts Before leaving court Mr. Walker was understood
TO consent to withdraw two OF tho suits commenced in
the superior Court against the acceptors OF the drafts
The will doubtless up again in the course Of
few days.