The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-14
COURT or SPECIAL SESSIONS.
Before judges bowling and Kelly.

A swfSDLE AND AN OUTRAGE.
Mrs. Dorothea De Fay an elderly French lady, ana
her daughter, MRS. Rutter residing ct lob Third
avenue purchased some time ago si4s worth OF fur
niture from Kelly & Co., Of 2e7 2ss and 27i West
Thlrty-nfth street and 4so and 4ss Eighth avenue.
The furniture, according TO agreement, was TO be
paid for by monthly instruments and Messrs. Kelly
& Co. appeared, from the evidence, TO have very
summary mode Of enforcing payment and OF setting
the process Of law aside in the recovery OF their
ciarns Mrs. De Fay said that about week ago
tile defendant, Edward Burns, burly, rough man,
came 10 her house and inquired Tor her daughter,
Mrs. Rutter, and demanded the balance OF the claim
for the furniture she told him that her daughter
was out. had gone to get the money, and while she
was out would, in all probability, call at
Kelly IL Co.'s and pay the instalment. Burns
said that would not do for him. and, with two other
men equally rough ana equally bury, forced them
selves into her room, assaulted her by pulling her
out OF the room, laying violent hands upon her
wrist and locking her up IN another room, While
they proceeded 10 remove the furniture, intending
the carpets, TO van which was ready In the street.
Mrs. Rutter proved having purchased the furniture,
and TO having paid on II lnstaments TO the amount
OF $l04, the balance Of forty dollars remaining.
MeEsr6. Kelly 90. defended Burns by counsel, and
Burns was placed on the stand lie did NOT contra.
dict any OF the material points Of Mrs. DE Fays evil
dence; he said that n had been about ten times 10
the house for the money: Mrs. Ruter had never paid
believed TO Kelly & 80. Edward Mallory ana Frank
:. Cooley were examined In support of these state.
III
thought Burns guilty, to impose fine, az ne had
wile aud family to support.
Judge Oowling--fhis Court has mad q good deal
% experience IN ibis Gind OF business. II has IT very
frequently brought under its notice. / have had,
personally information brought 10 me again and
again o. cases Of this KIND where persons 10 10 pur
ehase furniture wih the full intention or paying Tor
IL by inslamenls. They induced 10 pay enor-
nous prices Tor ~ and where they 10 not pay up 10
the last cent OF any one nstnlmont they are swindled
and outraged as in this case. without any process
OF law. without The authority OF the Snesn they
IN tbt
case. Three OF Tour strong win 20 into house
aud overpoNef defenceless Old lazy and commit
an assault upon her, as well defrand her or that
which she has paid ior. Now, thmk m example
nhouid be made 80 deter others frOIn IKE proceed
ings. This lady had paid 500 for this furniture ont
of$lsa. and yer her rooms were stripped Of every
article OF furniture, even to the carpets ana n was
taken 10 n wagon and carried aWaf IN triumph Now
hope the sentence am going 10 pass win aave the
efcct 0l stopping these practices. shall send tho
defendant 70 The Penltcntary for two months and
iHnct GBe Of iiity dollars.
STOlsEKEEPERs AND TARGET PARTIES.
TiDl0ihy FiaheIty boy, was charged with tap
$fng the On 81 Martin Ice, sioreSecper, and taxing