The New York herald., 1870-06-13
PENNS NSYLVANlA.

Charges Of Arson Against the Strikers.
PHILADELPHIA, June r. 1870
The coopers OF this city are now on strike. Dur
ing the week several coopering establishments have
been burned. On Friday night two were burned in
the lower part OF the city, and early this morning
large barrel factory OF william b. Thomas, on
Twelfth and Willow Streets was entirely DESTROYED.
The building was six stories and $50 feet long, was
In an unfinished condition and contained no stock.
One man has been committed for trial for arson.
A Strange Divorce suit-Can tho Defendant
in a Divorce Suit Remarry S-The New York
and Pennsylvania Statutes Conflicting.
PHILADELPHIA June IL. 1870
In the Courtof Quarter Sessions yesterday, before
Judge Allison, an interesting case was heard the
charge being adultery and bigamy against Gilbert r.
Rodan and Mary Tully. In 1888 Gilbert Rodan
was married in the city OF New York TO Charotte
Stafford and continued to reside with her until
In 1859, ROdan, being sexton OF Christ church. in
New York, took up with one Mary Tuly and left
New York and and came to Philadelphia where they
with the said Mary TlIy was committed in April,
1869. and June following the decree of divorce was
fled copy Of the divorce proceedings In New York,
in which It was set forth that the divorce
Of eps RoSsa with Mary ag was
read. On behalf OF the defendant his counsel ad-
mitted that they had been living together as man
anu wife, which they really are the marriage hay
ing taken place III October, four months after the
decree OF divorce. BY the New York statute as also
by the statute Of PENNSYLVANIA 1t IS declared that
when divorce is obtained on the ground OF adul-
terry the guilty party is not permitted TO marry
during the divorced wife's lifetime
The Judge said that 1t was clear the decree of
divorce separated the husband and wife absolutely,
but 1t was question, and the ouly question In the
New York statute. II 80, the defendant Gilbert
ROdan, has been guilty OF adultery The crime OF
adultery Is not ndictabe or punishable In the State
within Its Jurisdiction, and there is evidence Of
the crime Of adultery having been committed in this
State.
The Court reserved Its decision. The second wife
Is OF prepossessng appearance and about forty years
old. Rodan Is apparently nfty-dye years Of age.
Bankruptcy Deciston-Important Opinion
ON an Insolvency Case.
PHILADELPHIA, June IL, 1870.
Judge Ludlow yesterday delivered the following
interesting and important opinion in the OF r.
e. Winternitz. insolvent:--
THIS y rule to show cause why tho petitioner should not
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'hs,s 70 pr.:'ns bic petition for z. benefit
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va oSssS sn him. Tpon I 70.
ISusd ana IS sTrsssd and !. now II tho
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charged II very clear that Congrsss has sesied upon
this particular subject the power Of this Court under she
s. e y &. 4. 'as s.s end %
fer exclusive jurisdiction upon the United States
Courts This position cannot bs denied, and coun.
se for the plaintiffs In judgment resla this sp.
pication-nrst because their cause Of action hss
ripened into udgmsnt which l: debt provabe in bank
ruptcy and second because the insoven the Com
monwsalth must be taken = whols II any part OF
these laws suspended BY the operation BANKRUPT act
so must the whole be therefore they contend that We
cannot make this rule absolute. The nrst posi-.
pead decided ii. United States not c0Sssa Ss;n
that debt frauduently contracted IL not dis.
charged BY adjudication OF bankruptcy The twentysxth
section Of the act OF Congress expressly exeps bankrup
from arrest except IN civil action when the founded
on the same debt claim from which his discharge bank
ruptcy would not release him. The exception
power of the United States courts and they discharge
Judgment or prevent ito enforcement by State authority
ha has been already decided II 10 useless to argue that
National Legislature has legsated the whole subject
excepted The United States have neither right to IN
erfere with the judgment Of State founded upon
fraud nor can they discharge from imprisonment those
against whom these judgments have been obtained
that Congressional legislation upon subject debt
snpcnds the operation OF the state upon sub
lec, nor that, the law the Jurisdiction OF the
United States courts over the person debtor but whereas
In this instance clause In the act
Gated cass Of cases surely been The Intention Of
cases with the laws Of the several give any other
construction to the act OF Congress would be
to leave the petitioner without redress and to
declare that imprisonment for had not only been re-
ceraton OF the debtor who whatever have been his
conduct mot to be punished with such severity Let the
petitioner give bond In the Of S15OOO condopedas Ia
provided by the nsoven laws Of the State Of