The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-12-04
UNITED STATES COMMISSIONERS COURT.
Charge al Fraudulent Bankruptcy.
BnfOre Commissioner Belts.

Before Commissioner Belts.
TIE United states rs. Horace p. Gearg-The de-
feHdan was yesterday arrested by the United States
Marshal, under warrant issued 10y the Commis-
sioner. upon charges made by MS creditors that he
he had violated the ortyfourth section OF the Bank
rupt act under the following circumstances
Previous TO July ~ 100, the defendant and VIM.
w. Borden were engaged IN the boot and shoe retail
trade at No. 27O Greenwich street. IN this CITY, under
the name OF Borden h 6eary. On that day they
filed their petition In bankruptcy In the oice OF the
Clerk OF the Southern district OF New YORK. They
were subsequently adludged Dankrupts, and at u
meeting OF their creditors George q. Nason OF the
flrm OF Cammeyer 81 Mason, wholesale boot and shoe
dealers, u this city, was chosen assignee and his
appointment confirmed by the Court. me assignee
then proceeded TO examine the defendant Horace +.
Geary be ore Register Fitch, to whom the case had
been referred, as TO property OF the bankrupts al
legged 10 have been concealed or disposed OF con-
trary to The provisions OF the Bankrupt law. ON
this examination the defendant Horace +. Geary
testified III effect that on the 10Th day OF
July, 1863. the bankrupts consulted their
counsel Messrs. Cheney Dixon, aud then
decided TO go INTO bankruptcy aud Instructed
their counsel To prepare their petition aud the
other papers necessary for tnat purpose. The de-
ieadant transferred 10 Cheney& Dixon Il promis
sorry note OF A. Mclean Tor $2l5 payable TWO months
alter ITS daie, July 10, 1885, aud Two prOmissOry
notes OF the same date made by Henry V. Geary,
the brother vi the defendant, the one for $50 %,
payable one month after date, tho other ior nfty
dollars, payable two months alter date, ana pad
tnese notes and sl75 IN oasn oa the zotn OF July,
1867 tthe DAY before they filed Their petition bank
ruptcyl, to their counsel Tor law expenses. The dc
PENDANT also testified that Cheney Il Dixon had
ana that thcy owed their counsel nothing except Tor
services In the bankruptcy proceedings. II also APP
AM, mat previous TO May O. 1868, they
had retail boot and shoe store III
BE, ,.a , street. 10 ms CITY, which on
ther oi the Defendant anu sod him goods open
account, but ON no liked time OF credit; that on III
ION day OF July there balance Of about 5000
v.
defendant told his brother Henry that Borden n
Geary were about 10 become bankrupt and then
| took his twelve notes Tor the amount payable
monthly, and gave him receipt In full. The am
daylls also alleged tna the books OF the bankrupts
showed that Henry V. Gery mad ~ credit with them,
not exceeding sixty days and that the defendant,
IN extending The time Tor the payment OF his debt.
| by taking from him those twelve notes running
! from one 10 twelve months prevented the debt
| from coming into the possession OF tile assignee.
gong acts The defendant, being q debtor or
bankrupt, disposed OF part Of the estate OF the
bankrupts with intent TO prevent 1t from
coming into the possession Of the assignee bank
| ruptcy ana TO hinder, impede delay him
| In recovering or receiving The same, ard mode q
payment, gilt, saie assignment, ansfer convey
ance OF property belonging 70 their estate with tue
like intent, and did with intent 10 deiraud wiluly
4 and frauauentIy conceal from mis- assignee or omit
from their schedule property or effects belonging 10
their estate Tae aidayits further alleged that r
appears from the books Of the bankrupts that they
were lnsolvent on The 2st day Of April, 1863; that
1 the books were kept by the defendant Horace r.
1 Geary who ~ practical bookkeeper, ana himself
fore knew the fact OF their insolvency that date
Alter which, and witiin three months before the
| fling by them of their petition IN bankruptcy ION
July Il, 1861 the bankrupfs obtained on credit from
various parties In this city xo0GH or chattes with
intent To deiraud under the false color ana pretence
u carrying on business ana dealing In the ordinary
course OF trade, which, the compiainants aege WAS
o further violation or the Bankrupt Jaw.
The defendant was he'd TO bail by the Commits
sioner in $4,000, and the examination set down
Tor the 9Th inst, al three T. Nj.
| The Charge al Arson and NIutiny on the Hig,
| Sens Disn,isscd-Thc Accused Discharged
| and Captain Gr,ndie, OF the Old Colony.
/ aud Wis Officers Held for Examination.
Before Commissioner Osborn.
| The United states Us. Ramon Ran ana Franc
Trdnk.-Tne defendants, Two OF the crew of tn
American snip Old Colony, were brought up for es
animation on charge OF having mutinied and al
tempted 10 set fire to the ship Old Colony, While o.
| her voyage from Cadiz TO New York, in the mont
OF October last. ~ appeared from the evidence 0
| The nrsC mate that the accused had shipped OF
board the Old Colony ~ Valena, and that after IN,
arrival OF the vessel az Cadz he discovered that Rar
was suffering from disease; that in fact, neither
! the defendants was an able seaman; he had merely
| put them 10 scrub the decks aud do work OF thai
| Kind. On the voyage Ran ND himself between
| decks and on being discovered there refused "a
| work, pretending TO be mad. subsequently burned
paper ana matches were found below, the officers d
The vessel alleging that these were placed there by
Ran for the purpose OF setting fire TO the ship, but
there was no proof whatever offered that IL was Ran
WHO mao iiclH iiltFc. III was SVsfn Luit FRANK,
on great many occasions, mad lett the lookout and
| slowed himself away, but that he had never made
any threats against any olcer OF The vessel On one
occasion Frank had Il razor III his hand but he did
| nol commit any violence with 1T.
| Assistant District Attorney Davies said he had
other evidence TO corroborate these statements but
| ne did not deem II necessary TO produce IT,
colorcd man, the cook Of the Ola Colony, de-
| posed, IN reply 10 questions by the Commissioner
| that by direction OF Captain Grinde, he had given
daily TO the defendants two pounds OF hard bread
and three quarts OF water; this Kind OF food was
given to one or them Tor twelve fifteen DAYS with
| the exception OF what ne gave them ION the sly =
| little coffee or some pea soup OF morning when
| he would be up early.
stating at the same lime that IL was the officers oil
the vessel and not the men who ought 10 have been
| accused. The manner in which these defendants
hau been treated on board this by the captain
was disgrace to the mercantile marine OF the coun
J try.
/ The defendants were thereupon discharged.
TURNING THE TABLES.
! AT the close Of the examination Captain Grindie
ana ms three mates were taken into custody by De
! puly Marshals on warrants charging them with
cruelty treating the two members OF tile crew OF the
| Old Colony whose case Is above reported. They
were brought before Commissioner Shields who held
the Captain in $4,000 and the other three defendants
IN $4,000 each, 10 appear Tor examination.
Petitions and Discharges In Bankruptcy.
During The week ending the Sd instan,
petitions in bankruptcy were filed by Henry r. Nil
Ter, Theodore z. Kelly, William Dimond, Henry
soIms ana isaac Stern, and discharges In bank.
ruptcy were granted TO John y. Bogert, Cornelius
Oakley, Jr., 8nd John X. Feeney.
ctp3rwr rnIlay