The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-31
SUPREME cOUaT-cnAmeeRs.

whersapon the defeDdan. discharged IN called
70 answer
SUPREME c0uaT-cAAMBeRs.
Operate Enterprises In the city Of the Mon
texumas-How Maxisilian Supported Them.
Before Judge sutherland
Paneiseo Mdzsoleni AsIol BiaccAi and LNgs Dom
is6fa-Ths action has been pending the court for
some time, and is Instituted by the plaintiff 10 obtain
some 0oo moneys alleged have boon received by
the defendants, belonging 70 the plaintiff In January
last the plaintiff obtained order Of arrest against the
defendant Biacchi, holding him 10 bail in the sum Of
$6000 upon affidavit setting forth substantially that
he had given $500 in nvetwenty bonds to Bacchi
which he received 900 In gold and that Bacch
10 have the bonds whenever be repaid
the said $4,000. That he has rendered to Bacchi the
$4,000 but that the latter had refused said
bonds, and bad converted them TO his own use. When
Bacchi returned IRON Mexico, IN April last The order
was served and bail given.
Morange made application TO have the order OF arrest
vacated. and upon volumnons papers and documents
motion 10 that effect made before his Honor was
shown that the plaintiff and defendant Biacchi had
bared In operate enterprise TO Aextco in the season
Of 1885, and that TO obtain two letters OF credit the bonds
In question: together with $4,000 additional, in bonds
belonging to Bacch had been deposited with the bank
ing house Of Schepeer Co. OF this city, collateral
security for $4,000 in two bills Of exchange on Mexico
and Havana.
The copartncrs in the operate scheme were Mazzo-
len Bacch Sign0ra OrtOani DoniZettl ana Suznr inc
wife Of Biacchi The company we're to give season Of
italian opera In the city Of Mexico and was under
the fostering though not suspicious care OF the
Emperor Maximilan who is for was lover OF the arts,
gave the managers subsidy Of $4,000 IN gold per
month. They performed In Mexico, Puebla, Vera Cruz
and Havana from November 1884 to April, 1855, and
IL is claimed were very successful Documents were
also produced the motion 70 discharge showing that
Mazzoleni had received in Vera Cruz the necessary
power from Biacch to demand those bonds OF Schepe
ier Co, Mszzoen fearing that they might deny his
ownership II seems further, that Biacchi had sued
refused TO deliver them TO him any one else,
alleging that they had sold them because OF failure to
was produced. wherein they alleged that Maz2oleni
should have been made party plaintiff with B,acchi,
Mazzolcn was the owner 10 the extent Of $500.
Counsel for the plaintiff heard in support of the
plaintiffs ORDER but the Justice, after hearing the pa
pers arguments decided to and discharge the
order Of arrest, holding that there shown
against the defendant Bacch and that plaintiffs state.
ment wholly erroneous and unsubstantiated j.
A. Godfrey for plaintiff; Henry b. horange for de-
PENDANT
A Singular Case-Reference Ordered to Ascer-
Iain Identity.
Before Judge Sutherland
In the proceedings against Charles H. Bertrand, an
Attorney Of this Court application Of Emelne Mercy
This case the proceedings in which before the police
courts have been previously reported in the HERALD
up before this yesterday under the following
circumstances:-
On the 18th day OF the present month Mr.. Justice
Sutherland issued order upon affidavit purporng 70
be made by Emeline Mercy Elise Altenhem and Egber
Van Sanon, requiring Mr.. Bertrand to show cause be-
fore tins court why he should not be compelled TO de-
liver to the petitioner certain moneys and papers,
was granted sets forth that on or about the 18th Of De-
cember 1885, the deponent employed Charles H. Ber-
trand az her attorney 70 arrange the transfer Of the title
In this city from Madame Elise Altenhem deponont
that the transfer duly effected and that deponent
had placed deeds In the hands OF Bertrand for the
purpose OF having the duly recorded the Regis
ters office and preserved that deponent had repeatedly
Bertrand to return TO her the deeds but that
ery leased at an annual rent Of 500 and could
DO rented at $500 per annum; that mortgage had
the interest the mortgage was now due for q long
period and that deponen Emeline Mercy, feared that
srea, o 70 hsr that sns nSd not hs money! rssrs
with 70 pay the interest," that tho premises gong
TO decay and out OF repair and that Bertrand had
retaining the rents therefor that deponent had repeat
edly asked him deliver TO her the Deeds money re-
ceved for rents and the property but that no had re-
The andavit Of Elise Altenhsim, from whom the
ST. n. had
personally 70 Bertrand about delivering the papers, &c
to Emene Mercy, and bad promised to do So but had
Of Van santon supported he preceding afidavits in
every particular and alleged that deponent In company
in sixteenth street 10 company with lady whom they
supposed to DO his Wife and that he said he about
70 occupy the premises ntmSeW
The case up yesterday on the return OF the order
granted, whom Mr. sanxay submitted afdavts made by
Emeliue Mercy Elise Altsnhem and EgIert Van san;on
in the affair." or that they had appeared before
George A. Moore. the notary who took the dispositions
.nS nss.y ass
In possession Of the Deeds which had been duly regis
tered and was enjoying the proceeds Of the property
to enquire into and establish the identity OF the parties
who made and subscribed to the afhdavits.
Another of Benjamin r. Butler's Lawsuits.
Motion for Removal to the United States
Before Judge Smith.
William A. Britain Beydmin r Buier-This ac-
ton Instituted for the recovery OF 50o alleged by
the plaintiff 70 have been taken from him by General
Butler In tho exercise OF bis military functions a. Major
General commanding the Department Of the Gulf IN
1892 The case came up yesterday application
BY the defendant for tho removal Of the for trial
United States circuit Court.
In his petition General Butler sets forth that he was
United States and that he performed his duties in
accordance with the laws made and provided for the
srn.nce under military authority or martial law Of the
pcketA near Nachsz captured man whose name is TO
the petitioner unknown, and who was endeavorng 70
rebels that upon being searched examined and ques-
toned " was ascertained that the prisoner had In his
s@ q s o. On S Sns q The bank then
favor Of Who citizens OF residing within
the limits OF the Confederate States and who were
mics Of the national government and that the property
20 found was taken and by due and legal turned
70 the government Of the United States
MI Tru argued the motion for the petitioner and the
Coar In pursuance Of An cot Of consrsss providing that
oil ucs arsng out Of done BY ocsrs Of the United
States by and under authority Of the government may
BE- tried In the United States courts granted the applics-
ton.
COMMON PlEk-rRlAl Tenm-pnr g.
The Bogarf Divorce Cause.-The Defence
Opened.
Before Judge Cardoxo.