The New York herald., 1870-01-27
SUPERIOR CouaT--SpeCIAL TERM.
The Biningcr-Clarke NIuddIe-The Question
Of Jurisdiction.
Before Judge McCunn.

The Biningcr-Clarke MuddIe-The Question
Of Jurfsdictien.
Before Judge McCunn.
Clarke Us. Bininger.-The arguments in this case
In committing the assignee for contempt came up
yesterday morning. The case having been called,
Mr. James F. Morgan, for the motion, stated that
the opposing parties were not In court.
Judge McCunn-Then take your warrants; make
out your order committing Mr. Beecher to the jail
OF the county. am informed that Mr.. Bininger has
gone TO ms home at WhilestOne. and now dtrecr
that an order be issued to him to show cause why
that ne snail quit the country before he shall quit
the grasp Of tnis Court
Counsel for tue receiver said some time was re-
CURED TO make them out, and the Court thereup0n
adjourned for au hour.
Shorty aIler eleven O'Clock Judge McCunn re-.
sumed Ills seat upon the bench when 1t was init
mated that it was by mstakng the sime OF the hear
ing that caused the nonappearance Of counsel for
tne assignee, ana AZ his counsel was now present
nls actual presence was waived.
Mr. morgan SAID tney were here in obedience to an
order granted by the Court to show cause why Mr..
ne nad made an order restraining the assignees III
bankruptcy from interfering with the receiver in
possession. On the I'D OF January in utter disre-
gara Ol that order, Mr.. Beecher had attempted to
take Possession OF the premises from The represen
tive Of Mr.. Hanranan They therefore asked To have
him declared in contempt.
Mr. Bangs said he objected to the papers on which
the motion was made, on the ground That the order
was not capped US being from any court, and was
merely signed by tue clerk Of the COURT that Ar
m0ur ana beecher were not partles 10 this action;
as The proceedings were against officer or the
United states Court no action could be brought
against him, nor could he De restrained by lnunc.
tlon Also, that the affidavits were not sufficient
they mercy stating that person representing him.
sell 70 De JOnn ,. Beecher went and asked the re-
celver to give him possession.
Judge McCunn overruled AL these objections.
Counsel for receiver SAID tncy averred tnat 1t
was Bcecher who made tue demand for possession
and showed clause 10 that effect In the anldavit
OF the deputy receiver There was no good III
fnsaflf
come to the point at once Admitting the irregu-
larity OF the order, If Mr. Beecaer denies was ue
who demanded the possession Of Bininger's eslaD-
llshDcnC, The matter was ended.
Mr. North then read the aiiuavlt OF John S. Beech
er ~ the effect tnat upon Clarke " Bnnger being
aulhitteu DalKfupts, at meeting or the credilors
he was appointed assignee and accepted ana entered
upon his duties. On the I'D January. accompanied
Dy his counsel he went 10 The store In Liberty
street., asked Tor Mr.. Hanranan, found that he was
out; informed deputy receiver that ne was assignee
ana asked ior admitIancc, but was refused; ne then
Went 10 see hir. Hanralian; asked hIm 10 deliver up
the properly. Offering 10 TO hin his fees AZ
receiver; was told by nim that he would consider
INC matter; asked II Dy tDaL lc meant refusal; Mr.
Hauranan said Mop then asked for an unc0n-
ai.Ional surrender. and was met by a DECIDED re.
lusal; ne went " see Mr Barr, the other receiver
and mad an interview with INN, with the same re-
suit. he merely asked Tor peaceable recognition
ol ms rights, and denies having attempted to take
possession. ~..~
Counsel tlien moved for q commitment on that
affidavit.
Mi. Bangs said there we're consirnments IN A.
IL
one OF them should 20 TO the receiver and ask leave
10 remove them TO prevent them being wasted by
litigation, would mat be contemptY and yet that
Was all Ar. Beccner ha0 done. lie (Beecher) asked
to be allowed 10 settle The affairs III bankruptcy SO
tDat the creditors would have the 0enenC OF what
ever was to DC got and not have them dlSslpated by
litigation lie did not want these disputes settled
by hand-t0-hand conflicts between United States
marsAaIs and deputy sherifs: he wanted 1t settled
by law, and ne thought 1t would not be advisable for
the Court to decide In the on such an I'm yOrau
question without fuy considering case In all its
bearings or TO punish person VINO acts under the
commission oi the United states courts and VINO
merely did what ne tnougaI was right
Counsel for the receiver said Beecher demanded
unconditional surrender OF the property and In thus
DONG had paced himself In The position OF defiance
10 TINS Court. That he did not come ana say he
erred and cry peccavi The position ne took cOuld
not be sustained 0y any court or by any Judge. The
delendanL cOusivelY went INTO Involuntary bank
ruptcy. The question was whether properly In the
custody OF Inc state could be taken by the United
States court. lie said II could not be taken by
district court, and he had been told SO by three
Judges OF United states courts. II the Court thought
himself moi qualified to decide, having made The
previous order, ne would argue II before Judge
Batcniord. and feel confident OF SUCCESS Beecher
admitted the attempt TO take possession; lie de-
INJURED to their explanation.
Judge McCunn said he would take the papers. The
question was now fully before the Court ana mad re-
solved itself into question OF jurisdiction between
the TWO courts lie ordered al the parties concerned
to pe lii court this morning.