The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-02-02
BOND VS.. RUTHERGLEN.
The Register Petitions for the.
Assignee's Removal.
r RUTHERG1EN VS.. BON .
The Assignee PFeGe17 Charges
against the Register.

TRe Assignee PFesefs Charges
against the Register.
ALLEGED PERJURY AND MALFEAsAsCE
IN OFFICE.
On Saturday last H. G.. Bond, Register
Tin Bankruptcy, served upon Andrew
Rutherglen, who is assignee in o large
number of bankruptcy sales pending in
the United States district court, notice that
he would on the succeeding Monday submit
q motion for his removal. At the appointed
time the parties appeared before Judge
| Underwood, whereupon On order was issued
directing MIR. Bond to reduce his charges
against Mr.. Rutherglen to specifications
and present them to the court in writing.
This was done, and on yesterday morning,
at the early hour of O'Clock, the motion
came up for hearing before the district
Judge in chambers.
Mr.. Bond then submitted his charges
against the assignee, basing thereon On
elaborate argument for his removal. The
grounds Of the motion are as follows
j. That Mr.. Rutherglen has not furnish
ed bonds as assignee, as required by law.
2. That he had not made reports as as
signee according to law.
3. That he had not deposited the money
received as assignee in the First National
Bank, as required by the rules of the
court.
4. That he had paid away the money re-
ceived for the sale of encountered estates
without making report to the court or reg
ister.
S. That he had not complied with the
2Sth rule of the court, requiring assignees
to transmit to the clerk of the court o mem
orandum showing the names of the credi-
tors, their places of residences, etc.
In the course of his argument the Regis
ter submitted to the court certain papers in
his possession, which he claimed fully esta-
blished the above charges, and he contended
that, in his capacity as assignee, Mr. Ru-
therglcn, SO far from facilitating, was con-
stantly impeding, the transaction Of busi-
ness, and that his hardness and neglect
were constant subject of complaint on the
part Of persons having bankrupt cases III
court.
| Colonel John II. Guy, who appeared as
counsel for Mr.. Rutherglen, claimed that
the charges preferred by the register we're
entirely unsupported by testimony, and
said that when testimony was introduced
to back the statements made by Mr.. Bond
his client would be ready to rebut it.
The court said the assignee should GER
tainly show why he had not complied with
the rules of the court in the cases cited by
Mr.. Bond, and directed that the reply of the
defendant be filed by this morning at
o'clock.
Mr.. Rutherglen then submitted the fol-
lowing charges against Mr.. Bond, in sup
port Of motion for his removal from the
Office of register in bankruptcy:
To the Hon. John c. Underwood,
Judge Of said District Court
The petition of Andrew Rutherglen, attor-
ney at law and assignee in bankruptcy,
respectfully showeth
That your petitioner prays that your
honorable court will exercise the power
conferred upon it by the fifth section of the
act of Congress entitled Gan Act to estab-
lsh uniform system of bankruptcy
throughout the United States," approved
March 2, 1867, and remove from his office
Hiram Gilbert Bond, register in bank
ruptcy, for the third congressional district
of Virginia, in respect
/. That the said Bond is bankrupt, and
ought not as such 10 be permitted to hold
any office of power in bankruptcy court
while bankrupt himself.
2. That the said Hiram Gilbert Bond on
the 29th of August, 1868, filed his petition
as a voluntary bankrupt In this court,
praying to be adjudicated bankrupt.
8. That the said Bond, with said petition,
fled the schedules required by the act of
Congress, and the rules and orders Of the
Supreme Court, and with them his oath
of verify. Said schedules and oath ore on
the files of this court.
4. That your petitioner AYERS that the
said Bond has been guilty Of wilful and
deliberate perjury in this,-that on the 29th
day of August, 1868, he filed with his Pc
tition in Bankruptcy schedule of his as-
sets, verified by his oath, in which he failed
to include among his assets certain debts
then outstanding and due to him as register
in bankruptcy for services rendered by him
before the 2Sth day Of August aforesaid!
the day of the fling Of his petition, and
which debts were then Justly and lawfully
owing to the said Hiram Gilbert Bond.
s. That the said Hiram Gilbert Bond
while secret bankrupt, did uplift and ap'
ply to his own personal purposes the debts
which by his own petition and schedules in
bankruptcy became the property OF hit
creditors, many of the sums due him in re-
spect Of his services as register in bank
ruptcy, and even after his adjudication
(many months after his secret filing of his
petition) the said Bond continued to uplif
and appropriate to himself large sums o.
money that his assignee i'll bankruptcy
clone was entitled to uplift.
6. That among the sums 30 uplifted ant
appropriated by the said bankrupt Bono
your petitioner discovers that he has him
self paid to the said Bond, while Secre
bankrupt, the following sums due him whel
he filed his voluntary petition aforesaid
to wit, on the goth day of August, 1868:
A Sammani. ........".................. s
r. SaEmsni.,. "a
T.. i. TOWNSEND. 70
Henry nlliler. -
SteenpocK Co..'......... o.
Is. A. DAVIS. .......................... 20
george Lyon "a
Phllp ADranams ..'......',........'..''..... a. y
n. q d. hien ao
Alexander Clendinen.. IS o.
George Baughman. .......................... 10 !
Making o total
and this sum is mere tithe OF thu
amounts recovered fradulently by the saie
Bond of the debts belonging to his bank
rupt estate.
| {. That your petitioner AYERS that tht
said Bond did, upon his examination as 9