The New York herald., 1872-11-26
BUSINESS IN TIE OTHER COURTS.
Summaries Motion to Vacatc Judgment
of Arrest Denied d-Decisions.

A new chapter was developed yesterday in the
suit brought by the Erie Railway Company
against Jay Gould to recover some ten million dol
lars. This was an application on behalf OF the lat
ter, made before Judge Fancher, at Supreme Court,
Chambers, for an order to show cause why the
order of arrest should not be vacated or the bail
reduced The order was granted and made re-
turnable on next Monday. Meantime referee
was appointed to take the testimony of Horace +.
Clark and Augustus Schell in the matter to be used
on the motion.
In the United States Circuit Court yesterday
motion was made by counsel on behalf of the sure
ties OF ex-Collector Bailey, or the Fourth and
Thirty-second Collection districts, to open o de-
FAULT which tho government had taken against
them. The suretics are the following gentlemen,
who had, by bond made themselves jointly and
severally liable to the United States in the sum of
$780, 900 for the due and faithful performance of the
ex- Collectors duty:-George Douglas, George Op-
dyke, Elliott @. Cowdin, Thomas O. Durant Henry
Clews, Augustus Schcl and Charles p Kirkland.
The government filed declaration, and to this the
respondents filed plea and answer. The govern
ment then put In q replication, to which the re-
spOndents demurred When the case was called
yesterday before Judge Woodruff counsel ior
the respondents claimed that he should have re-
ceived fourteen days. notice OF the motion,
IN accordance with the act of Congress Of June,
1872, which makes the practice OF the Court in this
respect similar to that laid down in the code The
United States District Attorney took the opposite
view he had given twelve days. notice, and even
tour would have been sufficient. Judge Woodrufr
reserved his decision.
Yesterday Judge Blatchford rendered an I'm
p0rtant and interesting decision in the United
states District Court In the case Of Petersen ana
Another vs.. The British Steamer Java. On the 25th
Of August, 1871, the Java into collision in the
Atlantic Ocean, at night with the Norwegian bark
AntaS, cut her In two, and eleven out OF twelve Of
the crew Of the bark were drowned. The survivor
was taken on board the Java. The Judge decides
shat the fault lay with the steamer and orders
decree to be entered for the libelant with costs,
reference to be had to commissioner to ascertain
the damages.
In the United States Circuit Court yesterday
Judge Woodruff rendered his decision on writ OF
error in the well-known case OF the Radcliffe dia
monds. While stating that there was no question
Of law before him to decide he alrms the order OF
Judge Blatchord which is to the effect that neither
n. O. Whitley nor Friend 8. Esmond can be re-
garded as informers In relation to the seizure of
che diamonds, and, therefore, not entitled as such
70 the informer's moiety, but that Whitley, as
'scizing 0flcer" has right TO receive the moiety
In question, which will probably be $1,000. The
diamonds are worth $4,000.
The examination OF julius A. Julian, who Is
charged before Commissioner Osborn with having
sent an obscene publication through the mail, Is
set down for Wednesday.
Frederick Obersky, youth OF sixteen, was ar-
rested few days since, as reported in the HER.
AID, upon suit for alleged seduction and breach
OF promise Of marriage, brought by Minna Feibel,
several years his senior. motion was made be.
fore Judge Fancher at Supreme Court, Chambers,
for his discharge from arrest on account OF being
minor. Judge Fancher yesterday granted the
moti0n-a result that carries its own moral with 1t
Of caution to ladies OF mature age not to be drawn
into the seductive mcshes Of youths OF immature
age
formal application was made yesterday In Su-
premc Court, Chambers, before Judge Fancher by
Mr. William F. Howe, counsel for Rosenzweig, TO
transfer him from the custody OF the state Prison
authorities to Sheriff Brennan for commlttal to the
City Prison to await the new trial granted him by
the Supreme Court, General Term. Rosenzweig
vas In Court and certainly looked none the worse
Tor his several months soourn in Auburn.
Frank McCuen was brought yesterday on writ OF
nabcas corpus before Judge Fancher at Supreme
Court Chambers, and his discharge asked from the
Penitentiary, where he had been committed on a
eharge OF petit larceny. Mr. Howe, his counsel,
srged his discharge on the ground that the COM
mitment failed to specify the goods alleged to have
oeen stolen. This was held to be good lega! ground
and his discharge was ordered.
Another case or habeas corpus was brought yes.
ierday before the same Judge and the prisoners
alschSrge asked on account OF failure In properly
making out the committing papers. The prisoner
was CarrA, Clayton and the offence charged solicit
ng men or the street ioy purposes Of prostitution.
ur. McClellanI, her counsel, showed that the stat
ste required specification THAT abe annoyed pass