The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-10-15
UNITED STATES COMMISSIONERS OFFICE.
:, A Slightly Mixed Tea Case.


In the Matter OF Abraham ana James Vdlh.-
this city, petitioned some time since TO be adjudi-
Gated voluntary bankrupts. While the bankruptcy
proceedings were pending BENJAMIN Won Beiran,
creditor OF the Walks, commenced q suit against
them in State court to recover damages from them
for alleged frauds In converting several thousand
dollars IN money which he alleged he had deposited
with them, to their own use.
An order OF arrest was issued in this suit and
the Walks were lodged In the Ludlow street JAM In
then Obtained from Judge Bensdcs
Walks brought before him, and cause
shown for their imprisonment The Sheriff made
Of the imprisonment Counsel for the Walks ira
versed the return, denying all the allegations Of
10 5ne ake ws re-
relation thereto. on the coming in Of the Commits
sloner's report Judge Benedict viii decide the
matter
A Question In the Lager Beer Interest.
Before Commissioner While.
The United States ps. j. +. Sutton ana Andre,o
Fei0le1'. The Same Us. Michael Kautz.-The exami-
nation In these was continued yesterday before
Commissioner White. In the OF J. f. Sutton and
Andrew FeiQler, who were charged with having on
the Atm ultimo failed to destroy stamps lager beer
kegs from which they have drawn lager beer.
FleiQler, the bar tender for Sutton was allowed to
turn States evidence against Sutton. 1t was shown
that sutton had secreted Ia cigar box number OF
perfect stamps that mad been removed from lager
for trial.
In the case OF Michael Kuntz, who was charged
with sending number OF Kegs OF lager beer from
his brewery for delivery on the morning Of the attn
them it was shown satisfactorily that the stamps
on all the kegs had peen duly Cancelled, and Kuntz
was discharged
Before Commissioner Shields.
the United States rs. Egbet r. zen Eyck.-
Some time since Egbert F. Ten Eyck, an actor,
no
pestn at the Grand Opera House, was arrested
during the progress OF the play on charge OF having
been engaged In forging army paymasters checks.
He committed, alter an exatnlnatlon the details
OF which were published at the time to await the
action Of the Grand Jury, and subsequently gave
$4,000 bail to await such action. The Grand Jury
found an indictment against him, and lie was again
arrested on "Wednesday night, after he had finished
enacting the role OF Sebastian in "Twelith Nlghtn
Commissioner Shields yesterday morning. and re-
newed the bail previously given to appear for trial.
Enlistmcnts in the Army-An Important
Hnbeas Corpus Case.
Before Commissioner Belts
writ OF habeas corpus was issued on /. the
United States District Court, by Judge Blatchford
ct the petition Of Mary Ferns to obtain the DIS
charge OF private Thomas Ferns from the general
service OF the United States Army, on the aega.
TONS nrst that he was intoxicated when enlisted;
second, that he was a married man: third, that he
had been attested before commissioned officer
which was contrary 10 law, as justice OF the peace
allegation was traverse to the return
The writ being served on Brevet BrigadIer General
Thomas II. Nell, commanding Fort Columbus, New
York narDor, that officer made return by producing
Ferns In court and exhibiting the enlistment paper
tot he had received the nav nniS,ns sa
established by law; had voluntarily performed the
duties OF soldier and been mlnutey and critically
inspected two days after his arrival ut the epot,
according to paragraph 976 OF the Army Regulations
(which now have the force OF statutory law) to
ascertain whether be had been enlisted contrary TO
law reRulatOQ.u
BY the enlistment paper 1t appeared that Ferns
was by occupation soldier; that he had declared
he had neither wife nor children, and that lie was
examined carefully on the day OF enlistment Sep
tenn Der Is, 1867 In New York city ana found 70 De
Judge Batcnford directed q reference to Commits
sioner Belts TO take testimony.
number OF witnesses were examined both for
the petitioner and the government, subject how
ever to the following objections OF Lieutenany Asa
B. Gardiner OF the First artillery, counsel for The
Ffrst-That the wife, who made the petition, could
not claim the soldiers discharge tho ground OF
his being married man and his service first due
second-That the writ had not been issued at the
complaint OF the soldier or by counsel on Informa.
uon and belief in his behalf; that could prose-
cute 1t but himself under the onmon law proceed
ings OF the court In such cases. unless 1t could be
ferrlng petition to the court, which was not the
case in the present instance, as he had abundant
opportunities in court on two different days.
TnBu-Ihe RETURN as to receiving pay, &C.. and
voluntarily performing duties OF soldier not having
been traversed or denied, but admitted, aud the SOL
der appearing IN court clothed In the FUN uniform
OF soldier IN the army 1t remains with him To show
before the allegations OF the petition to intoxca
ton could be inquired into.
rast-That he made protest against his enlistment
when inspected at the depot.
Second That he had not voluntarily performed
the duties OF q soldier
Thrd-fhat he had not voluntarily accepted pay,
clothing rations, &C.
The testimony has been submitted to the Court on
the points raised, and the decision which Will be OF
considerable interest To the army Ut large has been
reserved.