The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-31
HE COUR S.
cier Of Poland and the Alleged Stolen Russian
Bonds-Interesting Proceedings in the
United States Circuit Court Yesterday
Assessments for Street Improve
ments-What Constitutes Firm.
UNITED STATES CIRCUIT COURT

Poland-Action Against an Ex-Hussian Con.
sui General of New York.
Before Judge BatchfOrd.
Yesterday Judge Blatchford was occupied for
some time IN hearing motion IN the case OF Martin
L. Sheldon vs.. Charles Robert Ostensacken. The
plaintiff is an American citizen, and the defendant
has recently filed the position OF Russian
Consul General in the city OF New York.
The action Is brought to recover damages
for alleged libel. The plaintiff became the pur.
chaser OF several coupon bonds of the Credit Foncier
Of Poland. Under a law OF Russia passed in 1925,
there was created at Warsaw a financial corpora
ton known as ''The Credit Foncier or POand.n
This corporation had power to ISSUE and ala ISSUE
q large number of It's bonds OF various denomIna-
tons: dates series ,nn ana numbers anS payable to
Sth Of June, 1868, the empire OF Russia was the
owner and holder IN its own right oseveral OF these
bonds, and mad deposited them Tor safe Keeping IN
the Royal Treasury at warsaw. IL is alleged that
about the date mentioned the bonds were lelon
Ously distracted from the Treasury carried away
anu put In circulation. On the l2ih OF April 1854
the Russian government by ukase, decreed that
the stolen bonds were annulled and discharged,
and made OF no effect as legal or valid obligation
OF the Credit FOncier, and by the same ukase issued
annulled as stated. Alter the theft OF the ponds.
and also alter the issue Of the ukase mentioned, the
RUSSIAN government advertised the Tact o. the rob
sacken, as its Consul General to notify the public
or such thelt and annulment, and furnished him
with list OF The numbers ana denominations oil the
bonds.
On the Goth OF October 1869, the Department Of
State OF the United states caused to be published In
the journals OF this country notice to the effect
| that M. de Catacazy, the Minister OF Russia,
had informed the department that 1t had como
TO his knowledge that certain parties were
trying to put into circulation at the New
land which We're stolen from the Bank OF warsaw
during the laie insurrectonary movement In the
Polish provinces; that as soon as the imperial
authorities became aware or this robbery they pub
lshed the numbers OF the stolen bonds and declared
them non payable on that account; mat Nj de Data
nO1u fnp hnr afa1f hu ham nll itinn Of
these bonds IN the European markets, the robbers
or their accompliees We're trying to find dupes
Russia all responsibility Tor any losses which might
accrue to the citizens of the United states from the
purchase OF the bonds referred to- This notice
signed "Hamiton Fish, Secretary OF State"
After the publication OF this notice, and after the
ernment directing Mr. Osten SacKen to give
notice OF the THEFT he published notice, rs fol-
lows
Frequent applications having been Consulate
General Russia concerning certain bonds of the
Foncier Of Poland cancelled by authority Of the imperial
m!.ed in lss The Consul General S herewith informs the
s Office, Exchange place. anu can nc examined by those in
Alter giving this notice, the Consul General YER.
Dally communicated its contents to those who
sought Information in respect to the stolen bonds
in the month OF June, 1871, a suit at law was
commenced IN the United States Circuit Court by
MIR. Sheldon against Mr.. Osten Sacken for alleged
MS damages at $3oo00J. Mr. Sheldon states as
already nollced, that he was the owner OF large
what particular series. dates. denominations and
numbers he does not aliege, and that IN
given and made by the defendant, and
which the plaintiff , AYERS liver, Were wrongfIily
sale OF the ponds to his damage IN the sum OF
$780, 000 The plainll further claims thai the bonds
were sold !nroughout Europe as a government Sc.
curly; that they were never stolen from nor owned
by the Russian government That the statements OF
the Russian Consul General were false ana ma.
hcous; mat the defendant has no more Right TO
SANDER the plaintiffs property than any citizen of
the United states, and that the Consul Is only COM
mercial agent, and Is not protected by his govern.
me 1t In any civil or criminal acn0n.
The defendant has 1ed bill In equity, stating
that he mas no knowledge nor any Information suni-
Client to form o belief as to the dates, series, de-
nominations OF numbers OF the bonds claimed by
the plaintlli and for that reason AYERS that he Is
unable 10 plead such dates ana numbers or to lden-
THY the same as portion OF those which were stolen
1ro,d ahe hoy baer Upon NOR ,n
bonds alluded TO in the plaintiffs dfca-
ration are severay numbered and dated,
and or a given series and denomination, and that
all Of the bonds OF the Credit Foncier IN the posses
OF the plaintiff are numbered and dated, and
that the plainnn has knowledge OF such dates and
numbers and the defendant pra,s q discovery or
thereof specifically on the ground that without
safely proceed to trial.
Inc case Yesterday was argued on a motion by
the defendant for an Injunction to restrain the
platinum from proceeding to trial until the discovery
sought Tor Is made, or Tor other further and
different relief as 1t may seem proper to ,he
Alter hearing the arguments on both sides Judge
Blatchford took the papers ana reserved MS de-
CislOD.
Counsel for the plaintlff, Messrs. Blatchford
Seward, Grswold and Da Costa; for the defendant
Messrs TOmlinson, WinsOr d Iomlinson.
Criminal Bm5iness-Sentencina Prisoners.
Before Judge Benedict.
James T. Brady, clerg in the Post ONCE, who
had pleaded guilty Of embezzling letters, was SEN
fenced to SIX months imprisonment
John Talbot, who was found guilty Of running
cigars ashore from the MORO Castle, was sentenced
to Imprisonment for thirteen months
Stephen 2. Carpenter, for forging postal money
order, was sentenced TO imprisonment at labor
for three years and fined 81.
James s. WOodnOuse, who was convicted OF per-
jury In swearing that he possessed or $50, 900
worth OF property IN Brooklyn, which he did not
own, was sentenced to three years. Imprisonment
and fined $500.
UNITED STATES DISTRICT CoUaT-iN BANKRUPTCY
The Bowling Green Savings Bank.
Before Judge Blatchiord.
motion was made yesterday by Mr.. Bumensteil