The New York herald., 1871-10-20
utlTsD STATES CIRCUIT cauir.
Bills Of lnslict mcut.

o4 at Bills Of lndict mcut.
Judge Benedict sat yesterday in tho United States
Circuit Court, AZ the usual hour The Grand Jury
soon after entered, and presented bills of lndict
ment against the following PERSONS ~
Henry q. Justice, Frend 8. Esmond and Angus
spring to defraud the United States. It Is under.
stood that Radcine will not be prosecuted but pro-
duced q witness against Justice ami Esmond.
George Wendell for having in his possession and
William E. Bray, for innicting cruel and unusual
John Q. Bertholf for secreting and embczzling
letters from the Post once.
Isaac $. Lanigan, the like charge
Kate GROSS, uttertnR c0unterieit money.
William J. Brown, the like charge.
Kate Gross and Wnam j. Brown pleaded not
the Court assigned them counsel, and named a
day for their trial There betng no case ready for
trial the Court adjourned TIL this morning, ateeycn
Important Case in Bankruptcy.
Before Judge woodruff.
In The Matter or Borden d Ge0ry, Bap6rupts.-
This Is important case, arising under section 80
OF the Bankrupt act, wh'oh provides 'ahat no dis
charge shall be granted to debtor whose asset.
shall not be equal to nfty per cenrum OF the claims
proved against his estate" the petitioners
Hed their petition In the District Court to be
declared bankrupt and had an apprase-
ment made OF their property at more than fifty per
centum OF their Indebtedness. The assignee scld the
property and 1t realized less than fifty per centnm
OF the debts proved before him. Inc petitioners then
applied for their discharge contending that the
true value Of their assets was the amount at which
they were appraised; that the difference between
the appraisal and the amount realized by the
assignee was occaHOned by q de e'erioratlon OF the
goods arising from their exposure after the filing
OF the petition and before the sale, and that such
loss should be borne BY the creditors and not by the
petitioners. The District Court found, as matter OF
fact that tne assets OF the banKupts were not equal
70 6ft, per cent OF the claims proved against their
estate, and held that the only criterion as to the
the assignee, and denied the application for
Gs@ e me Ts s wae r eHn s Of re-
upon question oi fact the decision OF the Court
below was entitled 70 great weight: second tnat
the decision now sought to be reviewed was not er-
roneous; third, that upon petition OF review no
collateral! questions cond be raised: that every Incl
decided by that Court before the Circuit Court could
thereon petition Of review, and the decree
refusing discharge to the bankrnpts was there
nessrs. cheney and Dixon for banKrupts; Messrs.
Seward ana Foearty for creditors.
Interesting Question of Practice In Bank
ruptcy.
Richard Warren dnd Ed,oard Ro,Ce AsStgnees
o)E. r. Sanger l. co., rs. The Ten.h National
Bnnk.-1his was an action brought TO set aside
certlin executions obtained by the defendants
against the bankrupts' property. The District
Court sent the case before Commissioner Osborn
to take the testimony. while the defendants de-
manded jury trial, which motion had been denied
filed petition Of TO the Circuit Court TO
the order OF the District Court refusing Jury
trial. Judge Woodruff dismissed the petition on
the ground that, even n the Circuit Court can
view an interlocutory order before nnal decree In
an equity case, u can only be done ty appeal aud
not BY petition OF review.
ii. Il. Tremain for defendants; A. Blnmenstiel for
plaintiffs.
NOtfce to the Bar.
Judge Woodruff expects to be able to take up the
equity calendar on Monday next