New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-31
THE COURTS
E-nitea States District COurfs

The case of Mckee VS.. Weed, and Of
Weed VS. Mckee, the Times bankruptcy
cause, was called up and by consent Of
counsel continued until to-day, when the
points Of objection raised before and certi-
fed by G. S. Kellogg, register, will come up
for argument. Messrs. Henry Green G. A.
Weed and j. 3. Hoyt are the witnesses
summoned for examination on the rule to
bond the Office.
The counsel in the case stated, in answer
to a query whether the Times would again
begin to run, that it would if Mckee got his
money, that was all he wanted.
There are kind of trials which constant
" bob up for hearing called mariners
Claims" being the claims seamen and steam
boatmen have for their wages upon the
steamer, steamship or sailing vessel. They
involve prodigiOus amount Of testimony,
attended by tbs embarrassment Of wit
nesses, consisting in their laying around the
clerks or commissioners office and cause a
'great cry" though they bring out 'Iittle
wool" Generally the captain and owners
of a steamboat never refuse to pay wages
without good cause, the only misfortune
being that the mariners don't see it in that
light. A number of these cases have taken
up the time OF the clerks and commissioners
l6tely, and in some of them the costs alone
eat up four times the amount sued for
The following is the petition of Z. E.
Norton, special custodian etc; against
Miles Owen and S. B. Packard, United
States marshal. 1t represents: That P. j.
Kennedy brought petition on the fourth Of
June, 1872, to have j. III. White declared a
bankrupt, to which proceeding j. NJ lsaaCs
was duly subrogated by order OF court to
all Of kennedy'5 rights. A prior petition
had been brought by Phillips, Mccullough
& Co., with the same object, on the thlr-
teenth Of March, to whose rights J, Pinck-
ney Smith was subr0gated.
White was adjudged bankrupt in June,
1872.
Afterward I'm June) the adjudication, by
consent Of counsel, was set aside and the
cases reinstated on the docket, and in Oc-
t0ber White was again adjudicated a bank
ruDt. No election Of an assignee has taken
place, and petitioner has been appointed
provisional assignee and custodian of the
estate.
White, the bankrupt is and always has
been the lawful owner of the steamboat
Katie, and within the four months next pre-
ceding the fling of the petitions, both Ken
nedy and Phillips, Mccullough Il Co., he
being ins0lvent, made several mortgages on
the boat, and the said mortgages knew at
the time that White was insolvent, and all
the mortgages were made with intent to
give preference to the mortgages over
other creditors, and to defeat the operation
OF the bankrupt act.
White, in March, 1872, made a simulated
sale Of the Katie to Miles Owen, he being
insoIvent at the time, owing debts exceed
ing $I5O,000 He secured no consideration
therefor. Owen knew, Or had reasonable
cause to know, that White was ins0lvent,
and the sale was made intending TO defeat
the operation of the bankrupt act.
In his official capacity petitioner is the
owaer Of the boat, of which the United
States marshal has the possession, and in
this capacity petitioner alleges that the
marshal and owen will either dispose of or
send the boat out of the jurisdiction OF this
court.
Wherefore petitioner prays for writ of
se0uestrati0n, and that he be declared, in
his official capacity, the owner. The writ
was issued but the marshal has not yet
made return.
In the estate of Thomas S. Harrison, an
order was issued dispensing with the call
Of the second and third meeting Of credit
Ors, directing the assignee to file a final &C.
count notify the creditors By notice sent
bv mail. and in due time apply for dis
charge from all liability, the usual notices
in the New Orleans REPUBLICAN 20 be
made.
The New Orleans Times, it is stated, viii
again be adrift to-day, and drop neWspa-
pcr at the door Of each subscriber tO-lnOr-
row Arrangements have been effected by
which the widow of William H. c. King
will assume all the Indebtedness Of the pa
Der. ana this will enable the institution TO
get along,