The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-07
UNITED STATES DISTRICT coua1-N BANKRUPTCY
The Case OF Culver, Penn g. Co.-Dischargs
o. the Banlxrupts.

The Case OF Crlver, Penn g. Co.-Discharge
o. the Bankrupts.
The facts OF this case have been frequently reported
m the HERALD Certain creditors opposed the dis
sharge IN bankruptcy OF John r. Penn, Charles v.
Culver and Lucien H. Culver. The creditors filed
specifications OF objection to the discharge Of the
banKrupts, the third specification alleging that
Charles v. Culver swore, In his oah to his schedule
OF debts. that he had property IN his own NAME
nor IN the name of any other person. and no shares
IN any company except ten SHARES OF sloch III tne
Reno Company, of a nominal value when IN reality
he was owner OF 10000 OF the stock OF mat COM
psny. These shares 1t is alleged stood on me BOOKS
the company IN the name o. ,or tse nsa ami
benefit OF Charles V. Culver Tue fourth specl,
Gcaton sets iorth that Charles '. ouver ail3we yea
these 1000 shares 10 stand ON the BOOKS OF the
Reno COMPANY with me object OF conceaiihg lnen,
and That, frauculenty intending 10 conceal them
and prevent them rom getting into the possession
OF his assIngee IN bankruptcy, he omitted all men,
ton OF these shares from his schedule. Ine sixth
specification charges that, being nsoivent Charles
" Culver transferred 10 creditor OF the pankrupts
certain shares OF STOCK IN he Reno U 'mpany, In
tending 10 give preference TO such creditor over
the other creditors OF the firm. Tue STOCK transferred
such creditors was some OF tie STOCK that stood
Yesterday Judge Biatchford rendered his decision
10 the above case. lie says:-1he question In
VOWED IN the third fourth nlth en- sixth specihca
TONS is whether The stock which STOOD IN the name
OF Brooke was the property OF culver or was held
by Brooke In trust and confidence for the use ana
benefit of Culver. An examination OF the testimony
leads me TO the CONCLUSION that the opposing cred
HOS nave not eStaOlSieu tnat Suc0 STOCK was the
property OF culver or was held by Brooke IN trust
for The only trust shown Is q trust created 10y
Brooke for the benent OF such Of the creditors
OF the bankrupt who were sucn prior 10
september ~ 1867. as should choose 10 take Tor their
debts shares OF stock in the Reno Company at par,
such shares being the absolute property Of Brooke,
Tree from any Claim or interest Of Culver. The title
OF the bankrupts 10 all stock In the Reno Oil and
Land Company passed away from them 10 Jordan.
Jordan afterwards acquired title 10 the lands Of The
COMPANY; Such lands passed to Brooke. They
were made hy him the capital OF new company,
CalleQ "IHe HenO COmpany,' aud he created The
referred for tile benefit OF the creators OF the
banKrupts with view 10 relieve the bankrups
from their debts, and al the same time TO secure the
cooperation OF sucn creditors "a stockholders IN
the company and avail himsel. OF the energy and
skill OF Charles " Culver In developing the interests
OF the company ana making valuable the entire
stock, well that reserved 10 himself as that
Onered TO the creditors. The nth specification
charges that Charles v. culver with the fraudulent
intent OF controlling the appointment or an assignee
In bankruptcy IN this proceeding. procured false
and fictitious debt to be proved against the estate
false and fictitious debt. This specification Is not
proved Discharges granted 10 all three OF the
bankrupis.
The Manitoba Mutiny Case.
Yesterday Commissioner X. G. White decided to
hold Thomas Walshe, Robert Walshe, Charles Carr
and Thomas Shea, who are charged with piracy and
attempting TO murder the captain and mate OF the
British ship Manitoba on recent voyage from Car
an 10 TINS port. An order Tor their extrdditiOn VIII
Jeremiah Fitzpatrick, John Mcdonnell and Thomas
WOOD VINO NAG been charged as having participated
In the above onence still in custody, no dispo-
sition having been made IN their case.
Alleged Attempt 10 Murder on the High Sens.
Yesterday afternoon number OF deputy marshals
proceeded down the bay Tor the purpose OF arrest
ing four seamen on board the American vessel
J. L. owen, who are charged with attempting to
murder the first and second mate during voyage
from Gibraltar IL is understood that the prisoners
win be brought up for examination this mornlng
before commissioner Shields