The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-08-31
He COURTS S.
SUPREME couaT-caAaslas.

Tne VtOt0u-WyDne VIII Iases
Before Judge Barnard.
n ~ No Petition Of CAa,ioge A. Wynn. tDr., Fran-
ss Vinna, Executor, &e-This case which ha, been be-
fore the conrts frequently various phases cane
up yesterday morning motion 70 compel tho guardian
Of The petitioner 70 pay to her quarterly insslInsnt OF
$500 ALLEGED 70 have been agreed uPon year sgc for
her support and claimed to have been due the lss
day Of July last; 70 increase the annual allowance to
her from the ests Of her father deceased from $500
per spnn TO the full extent Of Inc Income Of tho estate
a.. and. f9 r ne payment o. certain den amounting to
Geo. Shea. Of counsel for the respondent claimed that
me stipenday allowance Of 500 claimed beng due
t~een hss wynne and her the Of
the estate He further stated that during he past -ix-
ssen months sh: had been paid over IS $780, aud h.i
abe has incurred debts ID Paris she havng been travel
ling on the continent Of Enrpe for time and IN
Nav York, Of SO 500 additional. These debts were IN
CURED 10 phase OF PGr1san society, which, he Vas
sorry to say more fully entered into bv . large
number OF persons than II weuld be II they knew what
u wss. II wss described the demi m, nde Mss
whole income Of the estate sufficient 70 maintain,
and she was IN addition sntioipatns nrde Into the
conrt society OF France Mr. Shea then gave account
OF the second marriage 81 Miss wvnne's mother to .
Captain Anderson. Of the British army, and her
msde ~ her friends ana pastor to have her
retained s.a under 'nsrustiOn z. Pelham priorv:
hs 'h ne, then wa, ne then sa.
and Il had IL proper under the existing crc
etancesths income from the estate and the purposes
70 which would b appiedhat 4. should exercise It's
pseroga,ts. Another action pending invoiving tho
questions q Issue this motion, and the could
had 40 Seen presented 70 Judge suh.anS and had
esen adudIcaied upon BY him. Counsel fog the peti.
TONER claimed that the allowance referred having
escn paid Wa Dot the quarterly iussalmsul but
speo. allowances IN fact hers two such allowances
q $500 and 500 respectively. The question involved
the question ALLUDED 70 ~ having been before Judge
ntheraad was sas removal Of the trustees. Upon Dr.
vlntoa's eva papers could DO shown that no had
sndsr aken 70 siarvs this girl into settlement. and
so.ossl W: here prepared and bound show that he
bad absssd the discretion vested in him When
smInsn, divine. before her departure Tor RIP. he
allowed her $7oo 70 $500 per annum-boicrs the war
and The consequent and saccsedinG high prices mad A.
tanned II no paid that sum whom she sixteen or
sventeen years 81 could b expected that she
could nov mss'ain herself upon that amorn'. But this
tended N - rsiduum TO the Smithsonian Institute
under subsidiary provision Of tue WILL aud In
nigh, b. oiled tha. II vas withheld rom Mia. wynns.
when ts girl deemed II her duty 60 Europe
her mother Dr. vinton opposed H. and her allowance
colin, protested against It, and that she had
not snf1cient cothe herself stay her hunger He
allowed her $500 from his private fortune
sion. Then there was q subsequent agreement for
the pay ment OF $500 per annum, ana IL was this
:sttlsmens which was now sought 70 be Blu
for the purpose that BY hocus pocus
ton Of about might be got into treasury
the Smithsonian institute tho payment was withheld
DO
driven 70 want and poverty, that the OFFERS OF that
institution might be enriched. After some further
discussion the court took the papsS and reserved its
decision.
The Bertrand. Mercy ImbregIio Again-3fo-
tton In Discharge frvm Arrest.
Cavs0 H. Bertrosd o. Samsel A. Brown Z al.-Thiz
remarkably complies cd and bemuddisd case came up
agaIn before this court yesterday motion discharge
dsfsndan's from arrest The original SUIT viii bs
remembered, originated In dinhculy concsrning the
tsrsr Of house IN this city from Elise AltenheIm IA
Emelins Mercy, and In which Bertrand was en-
pIoyed - counsel for the latter. Emelins
cootended that poas ssion was never given TO
her nor toe deeds delivered and on the case bens
brought into court u was shown that che had new OF
been engaged u the transaeton. The Inference was
that there was another Emellne Mercy somewhere,
but she noe 10 b found, and action ~as in 81.
suted against Bertrand, charging him with forgery and
perjury. He was acquitted OF the charge. and now
brings this action against the defendants EN-
poved - counsel for the opposing psries to recover
e2S 600 damages for faIss arrest ard prosecution aes
Ing thai n "confedsrated aud combned 70 conspirs
against him for the purpose OF curin9 possession ~
some bonds Of the value OF about $1,000 Tee case
would nscessitae abont weeks careful sxsmina ion tn
understand account Of its compl Gated char cte Il
hsvins been before three Of the Police Justices Cours
the Supreme Court che Court or C0mrnon Pleas the
Sure icP Court and the United States Courts The court
took the papers the present discharge the
defoaaapto from arrest and resersod its dccislonL