The New York herald., 1870-01-04
SUPREME CeuaT--spEClAL TesM
The Great Winner Lmnncy Oasc.-Argusscui
Molten f0r Ccumlssso0.
Rnfo Inf Ill lhnrf

Tho Grcnt Winner Lmnacy Oasc--ArguBacu
0n Motion for ConsnisssoS.
Before Judge GILBERT.
IN the Matter or IVauiGnt Winter, Alleged 10 be
q Person Qf Dxssouad Atn0.-Ihis matter. which
has been SO frequently before the courts, came up
on an order made by his Honor, Justice Gilbert on
the 18TH OF december 1869, re,urnable yesterday
morning, whereby it was ordered "Gnat said william
WINTER ana John II. White h,s trustee show cause
before tlle Specai Tegm OF she Supreme Court at
Brooklyn, on tho nrst Monday Of January.
1870, why the default or Benjamin w. Downing. ths
guardian ad item Of the infant petitioners, NJ. and
II. w. Livingston, taken the ieth OF ADrii, 1892
should not ne opened, and why the order then made
vacatng tue order OF February 30 1869, and super
sedlng the commission granted herein on aald lust
named day should DC set aside ana vacated, and
wny the commissioners named IN said commission,
or such others as shall he appointed in their stead,
shouih noJ DC directed To proceci with the exccu
tion vi siid commission or ot sucn other commission
as sna 10 granted hereiu, and why such 0tncr order
should not oe male a. snah Da proper" The order
tHei fcCiieS uS f0.Io~s:-"Ahd 1t appearing
% .he papers herein tait sdi William Winter is IN
charge ana custody OF one Francis W. Harley, VINO
removed SAID WilLer nom the state OIL New ork
oufin4 tne pendency Oh the former proceedings
ueieln, the eaiI marley - nereDy Oruereu 10
Ieraln IRON reiaoying said Winter from tue luris-
dlCLion c ts court or Irou secle.ng iim from the
sait Benjamin W. Downing or his counsc; herein"
appears ,aat on she 4Jti OF February last tne Su-
unalco Dqlrendo upon the application of Gcn-
Jaiuin w. downing twno ~ tue District Attor-
Mortimer and Henry w. LIVINGSTON, directed
70 William H. Chdcrdonk, Or. JOSIAH ".
Darstow and nenry Clement, as commissioners.
cuoselAeasiy, and ueio.e any proceedings "ern mad
unter me cOninission beyond the sGmmoning oi y
Jury, the coansei Tor Hlnler OBTAINED 0rdcr stay
li2 proceeding, anu 10 show cause why The COM
MISSION sdouu not pe superseded. On tile ioth OF
Apfli, 1872, au order was made, without argument,
by default, supcrsedins sucn commission, .wltnout
ln
Is LlS i,ss iiainei ofuef watGl the petitioners now
ASK tle court 40 vaeate, or 10 Issue new commas
sion. Jhcy alleging MAJ there can now DE doubt
oil tue iacI That Winter - peso OF unsound lnliu.
Mr.. fownsend, on be1aI OF Join n. White, the
trustee aad OF Winter, made the preliminary OBJ
Jectlon tnlJ The deiaut cOula not pe opened, he A.
egiDg that the orQer was maze BY an arrangement
aMons ,Ae parties; hui this was denied VI Judge
Arnssrong couase, for Mr.. Downing.
alr Joila livingston, Oh behalf Of the infants,
ciaimed thts tie notiol should be heard upon tne
merits, ana That they had aoun3ani evidence W
snow that Winter was proper subject for com
mission.
Mr. Townsend insisted that the question Of Win
ter's mental conallon WAS res adJudica,a--th q
co.nGlission haVtus once ueen issued under which
the Jury uad founa Winter 10 be not OF unsound
mud, and lhe. verdict naving been condriued 10y
tne coaIt, 1t could not be disturbed.
ne Court-Inas was III lcd3, seven years ago, and
Though WINTER may then Davc been of sound mlad
he may now pe otherwise. Tae question Is not,
therefore, res adludicatl i must hear TINS motion
on the merits.
nr. townsend then claimed that the petitioners
papers were Ded wth scandalous matter.
Air. Livingston denied taat there any scai-
dalous matter III the papers. There were many ai.e
gaLtons uf staGenteuis, wncii lawyer wntle having
Winter IN charge hau maze 20 Winter ~ TO sncn
lawyers influence over ana the corruption OF judges
and olcefs but no Que belleyea III the truth of any
sucn statements. They We're inscrted 10 the moving
papers - Nm1er's owa story, and Ior the purpose
OF sAowing what q lool ne was 10 De controlled 10y
sucl absurd stuif
Ar. Armstrong, COUNSEL for petitioners. obor-
atei tue assertion tnau there was nothing scunda-
Ions IN the moving papers; they showed WIaI
Htrous stotles MiliiaDi Winter could be made
be.ieye, aud what course MAS adopted 10 irigulen
ana govern afiG, suc. as no sane man would for
u moment, give creleuce 90.
The CoaIt-1ne EioCiou must be heard upon the
merits.
Mr townsend applied for tiIne--pne month-to
prepG.e papers Ia answer to those or the pettlonera
lac Court gave blgn until SATURDAY tue 18TH ins,
tl Il..n day tle rarSner hearing of Tue motion was
Adjourned.