New-York tribune., 1871-05-04
THE COURTS.
GOULD AWAITING ARRrsr
JUDGE BLATCHFORD DECIDES AGAIssT TIE ppra
PEEsIDENT-AN ATTACHMENT Issued

PEEsIDEsT-AN ATTACHMENT ISSUED.
In the United States Circuit Court, yester.
day In the case Of Heath and Raphael against the r,s
roDbers' (as Mr. Southmayd calls them). Judge Blatoh
ford gave the following decision granting attachment
against Jay Gould for hs contenptuous refusal To pro
duce before the Master in Equity the books 0, tho Eric
Railway Company declaring that Goud's prstense that
he doubted his authority to give for their pro-
duction is without foundation and only agqrayats his
efense. and enlargng the power OF the Masr in con-
quoting tne inycsugation before him by allowing
The motion for attachment sgsin Jay Could Pr.aer. ~ N.
sPo' & sI'S:f IL s s f.:nR. Ss e S'n s1 s Ss%.
Ss By The Tis and shSy iSsIeo.d sss
sso.s .. % G e. ra y, iI,R sIi wo,e lo..e.,os AID IN
G na. ros preface hsn 50 directed b. M Goad bat Mr.
part Of Mr. Gould ha. sahoTy to g,s su an erss,
shown S biz own testimony to Be Toa fCnaOn .ad only .s
transfer Of september 1870 and Dsce@b so md " Jpss,
that be- pSo :s y L. 1s @ se S' E s n e toe @ "a q =,
:n' down two or three lords Of boos, which he pPo.d
sn ss.% g. hs s. 5oS 90 s ,ss & s%9s e. '9s S9S, 4 4:
sigs s bod be. be-, o ,G. & S @ N', % s !sSss.
S.sn S% psGsss ssD ss S M s 70 J1n.r S ~ both n': S.s
"a under soS''s .a S Ss sos. "s rs.o s oo s
p.meu The doctrine thA, an ooer Of corporation Which no,s
o its oe It's bs on % ops % sr1 d IS T % S S b M q %
an investigation Ike the one in which b question arises, 'fef. B
TIE Master proceedg, directed 70 do sPe0So thias
% tsSTssS 20 Ss sS S' .p5 ' id S vS ss S s & =. S. .
the authority TO require ref'09 lsiors Master Of ~ oo %,
embraced the reference before the Master l. directly conferred bJ
scuHg apder the order made b I coa .Sd s rl. ~S % r.,s
e Court The roset o. ssns or boo. and doeosat hs h
me Jo%ps1y ~ hs sI o. is g, the a y ,S
dueet notnecesany all needed
the Master must conduct the examination such place shall
An attachment isue agans Mr. Goah moved r 70 he
April a. 1871 are proucei and gben the Mlssr oer,aes
aarha complied With thea il b.l.bs the
order Id Of March H. ISL i.GsSH Is .Ssed '' ''''''
Late in the afternoon an attachment in conformity
with this decision issued and II Could be found
it will be served upon him to-day.
ERIE TO PAY r,lOo MORE ON ACCOUNT OF THB
CARRs ROCK ACCIDENT.
An action was brought before Judge Pratt,
in the King County Circuit Court. yesterday by Iaas
Haines assignee Of Merritt Bgelow deceased against
the Erie Railroad Company, TO recover r,AO0 damages
for injuries TO the son Of deceased IN the accident s
Carrs Rock Penn, in 1868. Mr. Blgelow ssd brought
suit In April 1862 to recover $4,000 for the loss OF the
services Of son. and for tho value Of the baggage
While the suit was pending. Mr.. Bgeow tied and his
claim was assigned by his administrators TO Isaac
Haines the plaintiff The defendants affirmed that the
sa me cause pending in Orange County between tho
defendants and Merrick Bigelow. A MOTION for q non
suit denied and the jury rendered verdict for tho
plaintiff for the full amount claimed.
UNITED STATES SUPREME COURT DECISIONS.
WASHINGTON, May 3.-The following do
cisOns were rendered on Monday:
WHAT CONSTITUTES EAyIGABLE WATERS
The United States agt. the steamer Montello-Appeai
from the Circuit Court for the Western District OF Wis
consin The question in this case was whether the
steamer was liable under the acts Of 1888 apd 1884, for not
having procured license and inspection while engaged az
carrier on Fox River. The decision below was that the
information filed by the Government be dismissed on the
ground that the steamer was plying only on ire niana
waters Of the state OF Nseohs Ihst uscrse wa,
navigabie water OF the United states wien ID
by itself or by its connection Win oter ws'ets,
carried on with other States foreign countries In ths
customary modes in which such commerce Is ca
with other states or does not form sueh hgnWy
he between dfierent places within the state, u
navigable water OF the United states The river N
nayigable water OF the United states and the steamer
liable. Mr. Justice Field delivered the opinion.
CASE OF HYPERCRTIcIsM
US agt Howell-Certifeate OF division from the Cir
cult Court of California The defendant In this case Bss
indicted under of Feb 1862, for passing counter
felt Treasury notes. Indictment charging him with
passing forged u s. Treasury note, and the argu-
nent is that such an onense is imposbe III the noe rs
forged il United states note, aud II 1t is United
states note il is not forged The question therefore WAS
whether is possible to form an Indictment under tho
act for any other oense than tnat OF altering Govern
ment money and on this question the Court divided,
and certified for decision The Court here regard
the construction placed upon the language OF the act as
hypercrcism and that TO sustain such cOhstuc-
ton would make the statute meanlnges ana "a sn ,b.s
result the Court VIII avoid II possible. ~ IL heid tna'
usage will allow the elipsis 10 be supplied IN inter
pretng the language, and that when this ~ done there
no difficulty and the statute Is against the passage os
forged and fraudulent note III the slmntude o. ana pu
porting TO be- note OF the United states MI JuS''oo
Miller delivered the opinion.
LIABILITY OF UNDERWRITERS
Fowler agt Rahbone ct al-Error to the Circuit Court
Tor the Southern District Of NewYork In tins case the
Court hold substance that where ships so cut and
injured by ice that she is in danger of sinking and under
su en- circumstances Owed into shosl water by order
the master, and thereby is damaged, the stIandns
having transferred the peril rom the vessel anu eSrgo
10 the vessel alone II is for general average con-
trbution. 1t is aiso held that IN such case sci s
average should not be aHowed for damage 10 the
done by the water coming through the holes cut Oy uo
ice Mr. Justice Clifford delivered the opinion
RIGHTS OF AssIGSEEs.
Second National Bank Of Leavenworth ct al agt Hunt
Error TO the Circuit Court of KansasHunt sued as as
signee to Of the Bank moneys realized IRON INC
sale OF goods of certain bankrups. The BaDk pesdea
adyancements to the firm before lt became
and agreement made at The tme that ~ shUua @ vat M
pOssession the stock Of the firm NJ any tlne II ~
Tc session was taken under this agreement pnt su >
0uent to the insolvency OF the irn Inc 0oIl' Sr
10 instruct the jury that if they found tlt te ans
was made o The hank in OF the original asfee
ment the transaction yahd ana shOulu ,P, ~. W.
gardad as an attempted evasion OF the BanIup' a.s
be verdict was for the gnee, and tns Court sas
tain the ruling Of the Court below and aih tue JUG
ment. Mr.. Justice Field delivered the opinion
NEW RULES
The following are new rules adopted by the Court
Only two shall be permitted for each F'ry P'S
Two hour on each side shall be allowed the argument Of .os
ard no more without special leave Of ~ Court granted before e
Bu. the time thu. so~d may Se r oSH
Ing Of the having the opening 'nd closing
no, heard ard pl:.. PRINTED S. s;t 5 10 or .ais:aas. s G
ortofth themar