The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-27
Ba0GKAYS C0UaTS.
SUPREME CoUaT-SPsC!AL TERM.
A Lawyer CHARGED with Contempt.
Before Judge Gilbert

Before Judge Gilbert.
burlington Ell al. rs. Spitztr e: dI-Thls suit Is
brought for alleged fraudulent representations and
a short time since one OF the defendants form ry
oil merchants at No. 81 Cedar street, New
York; was arrested on an order granted by
the Court He was subsequently released on
bail, which the piain,I1is declare Is worth
less Yesterday counsel for plaintiffs. Mr..
James w. Monk, appeared before Judge Gilbert and
moved 10 nave Mr.. Samuel Hirsch, the counsel for
defence, punished for contempt OF Court in having
procured the approval Of the bond by the Court.
Anidnvs were read by Mr.. Monk to the eject that
Mr.. hrsch had obtained the approval by the state.
ment that plaintiffs attorney was satisfied, which
was false. The accused attorney read his own at-
davt denying this and setting forth that he himself
had been deceived as to the responsibility OF the
bondsmen. Judge Gilbert reserved his decision.
Alter THESE proceedings newspaper reporter
made application to the plaintiffs counsel Tor per-
mission to look at the papers III the case Wnere-
upon hirsch demanded that nothing about the case
should be published untll the decision should be rem
dered. He Appealed to Judge Gilbert Tor an imme-
date decision, and charged that Monk was seeking
to have this dlsgraceful business published In the
papers, Judge Gilbert did not Interfere
the KcIlosx Divorce Case Again-Morc ALI
momy Wanted.
This case came up again yesterday on a motion OF
counsel Tor defendant, Mrs. Rebecca J. Kellogg, for
a reference to determine whether she should be paid
q greater amount OF almony, ana to fix The amount.
Mr.. Kellogg, who we'll known real estate
dealer sued for an absolute divorce, charging that
Mrs Kellogg had been guilty OF adultery with James
n. Fuller, her nephew. verdict was rendered in
Mrs. Kellogg's favor. MIR. Kellogg subsequently
moved for new trial. on the ground that new evil
dence had been discovered, and Judge Gilbert
granted the motion, conditioning, however, that
plaintiff must pay $500 counsel fees and $500 ex-
penses incurred by Mrs. Kellogg In defending the
suit The question has been raised, likewise as to
rhe disposition TO be made or the younger children
pending the proceedings In the case.
defendant.
the petition OF Mrs. Kellogg. setting forth that until
the 15tn Of March, 1870, she lived with her husband
al 1871 President street, and the expenses OF MAIN
tanning their household were close upon $4,000 a
year. Since she has lived apart from her husband
she mas received from him SIPS In cash. and, in adj
ditlon, 1928 q week, from which she has been
obliged to support herself and her five children
ment or stipulation entered into between her and
her husband and signed by her under mlsappre.
hension or the extent OF her husbands means. She
has learned that entitled under the provisions
OF his fathers WILL TO One.fOurth OF an estate. und
vided yet amounting in value TO at least 5000 00o
the greater part OF which lies In and about Eliza
The arldaviE OF the eldest son, Edward Kellogg,
also read yesterday, alleges that the deponenTs
father agreed that he might live with his mother
and that Mr.. Kellogg should pay 81 week
for his board. and also rectes provision Of
which $1,000 was left to Edward J. Kellogg in trust
for the deponent the income OF which was to be for
his senet until ne arrived at the age or twentyone
years, when the whole sum II to be paid.
Mr.. townsend also read the stipulation which had
and the provisions Of the will OF Mr. keOggS father
which relate to the same.
Nh. John Winsow. for plaintiff submitted Mr..
KellOggs affidavit which In reply to that portion OF
Mrs. kelogg's petition which states that the eX-
penses OF their household were 000 says that Mrs.
Kellogg was needlessly and rcckessly extravaHant,
and that their expenses should not have been more
than 5000. He recites further the stipulation
already spoken Of, and claims that It's provisions
with reference to the children and their schooling
have not been observed. In CONCLUSION, ne urges
that his means have been greatly Overestimated by
his WIFE, that his income Is but 81, 600 year, and
the expenses To which he has been driven by the
unhappy state OF his domestic affairs more than
he can sustain.
Afdavlts OF Charles B. Baldwin, one OF the execu-
tors OF the will OF Mr.. Kellogg's father, as 10 the
estate left by the will and OF William Colt as TO an
Interview with Mrs. Kellogg about the two younger
children, were also read.
MI. Wnslow asked that the terms on which the
new trial were granted should be modified and that
Mrs. Kellogg should cause the two younger children
to he sent To school.
Mr.. Townsend read an affidavt from Mrs. Kel-
lOgg, that while the children were at the school Of
DR.. Gum. Of Washington, Conn.,, which was the
school mentioned in the stipulation. her letters to
them were regularly opened and read by the doctor
before they were handed TO the children. He asked
that some other school be designated.
Judge Gilbert said that the children must be sent
to scnool and Mrs. Kellogg must not contract dents
for her husband to pay.
Decision reserved.