The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-09
UNITED STATES CIRCUIT COURT.
NADIA mo FralOfY's Laces.

Before Judge Shpman
The hearing of the case Of Olga de MaIuta Fraloa
vs. The New York Central and Harlem Railroad
Companies, was resumed yesterday. 1t is an &C.
ton, as already stated in the HERALD to recover
damages for the loss Of laces, valued at $780, Oo
which the plaintiff. who is a Russian noblewoman
alleges were stolen out OF her trunk. She claims
That the trunk was broken open while she was trav
ellng in the train between Albany and Niagara
rails and the laces distracted. Messrs. Patt,
Gerard and Buckley appeared for the plaintiff, and
Messrs. Strong and Shepherd for the defendants.
AN INTERESTING LAW POINT.
, ne pialntiiTs counsel offered In evidence certain
ep9stions OF witnesses in Russia In the execution
., wnicn inquiries In one had been taken down
others in the French language
81 Deiendant's counsel objected to the admission Of
admissible under the revised statutes OF the COM
MOI; mon law which required that all written proceed
The point Is one OF great novelty and copions eta
lion LIONS were made rom elementary works and some
1 nas In which It was supposed rulings
Plaintlns counsel took the point that, under the
practice OF the Court the objection should have
been lnterposed within a specified time after the
filing of the depositiOns so that the defect could be
remedied; and that having failed to do so the de-
PENDANTS should now be estopped from making tina
objection. 1t was urged rs a reason why the
answers were taken in Russian that the principal
ity of Tamboff, where the dispositions in question
were completed, is in the heart OF the Russian en-
pre- and there 1t was easy to procure Interpreter
to translate from English into Russian, and not
translate from his native tongue into English.
Baron Ostensacken many years Russian Consul
General In this city, testified on the stand that the
translation OF the dispositions which had been made
by Russian in this city, was Uer6attnl transla-
ton OF the answers in the dispositions.
Counsel for plaintiff said nothing could be as
sumed against the validity OF the papers unless
there was something shown that would acsually
vitate them.
Judge Shipman rejected the dispositions, holding
that the answers should have been reduced to writ
ing in the English language. He had consulted
he had never had a case like this before him. He
would give the plaintiff the benefit OF an eXcep-
ton.
TESTIMONY OF BARON osrENsAcKEN.
Baron Ostensacken testified that about three
Fraof, whom he had seen then for the first time,
called upon him in reference to getting her trunk
from the depot of the Harlem Railroads he went
there, got the trunk, and had 1t taken carriage
to Madame Fralons lodgings in Twenty third street;
man from the railroad Office came with the trunk;
one OF the locks was broken; the trunk was
fastened with straps and nails; 1t was opened in
his presence, and Madame Fralof put her hand
Q. BY Mr.. Buckley When Madame FraIofr put
her hand down in the trunk and took up set of gold
buttons what did she say9 A. She said, 'Now, that
is strange. These are valuable things and they did
not take them" That was addressed to me.
Q. In what language did you speak, A. In
French; conversed generally with her in French;
she spoke the French language.
In order to show the social standing Of this lady
Mr.. Buckley put O question as to whether the Baron
knew that she had letters of Introduction to distin-
guished Russians In this country; but the question
was ruled out by the Judge. The Baron SAID he nad
visited the lady on some occasions and she was
rather richly dressed she the day she
came to his Office what looked like set of Russian
sable; they attracted his attention. but he did not
examine them closely enough to say whether they
were genuine or not.
TESTIMONY or MRS. CARTER.
Mrs. Esther Carter who stated that she had re.
sided in New York for twenty-four years, deposed
that she was in the lace business at 917 Broadway,
near Twenty-first street; she was acquainted with
the value of antique and modern laces, and had
laces sent to her from the establishment OF A. T.
2taW e. N IN cx hnr mi nC fn fhnf
value; Point d'Angleterre was very old and
valuable lace, as well as Point dMencOn;
but little OF it was now made in the old STYLES both
those laces are hard to purchase in London and
Paris: the Regency and the Mechlin laces were
also old and valuable; there were or two books
on the subject OF aces which were regarded in the
trade as an authority; one of them was written
by an English lady, and witness had seen the work
In question with Mr. and Mrs. Samuel Barlow who
had purchased aces OF her; she had seen Madame
Fralof at her lodgings; the lady had great many
jewels, but what attracted the attention OF the wit
ness were those antique laces, portion of which
Madame Fralof said had been stolen from her.
Q. What laces did you see in Madame FralOf'S
room? Describe them!
Objected to as irrelevant, and question ruled out
on the ground that the loss OF the lace must be
proved before such an inquiry could be put.
The Court adjourned until this morning,