The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-29
FEcHTER's FOLLY.

Effort to Vacate the Attachment Against
the Fourteenth street Theatre and Res
cue 1t from the Clutches of the Sheriff.
The Latest Phase OF the Case In the
Courts.
In the Supreme Court Chambers, before Judge
Barrett, there was an extended reading OF affida-
Wits and accompanying argument upon a motion
made yesterday to set aside the warrant of attach
ment granted against the Fourteenth Street Thea
tre formerly known as the French Theatre, and
also to set aside the order for service OF summons
by publication in the suit brought by Charles Fech
ter the actor, against Mr.. Watts Sherman of the
firm OF Duncan Sherman & Co., the particulars OF
which suit have already been published in full in
the HERALD. It will be remembered that Mr.. Fech-
ter seeks to recover $412,O00 the sum he claims to
have lost through the alleged failure OF Mr.. Sher-
man in completing his part OF the con-
tract In putting the Fourteenth Street Theatre
in running order, preliminary to the consumma-
ton Of It's purchase by Mr. Fechter and transfer
him Of the title Deeds The attachment was
granted In the amount OF $4,000 the sum total OF
further remembered, was granted on the ground
OF his being nonresident
Mcfarland, who are Mr.. Sherman's lawyers, read
an anidavit OF VIM Butler Duncan setting forth the
fact that there Is branch OF their banking estab
lishment in London where Mr. Sherman's resi-
dence is claimed to be; that the latter has been a
partner In the house since 1861 tnat MS residence
is 245 Fifth avenue which is now in charge OF his
SERVANTS That he eit this city early IN January last
with his wife and child, Tor q pleasure tour in
Europe, and that his intention is to return
to this city during the coming Summer. All
davits of Mr.. Francis II. Crane partner in
the establishment of Mr. Agnus Macintosh,
its corresponding clerk, and oil Mr. ]. G. Hull, its
cashier were read cOrrOborative OF Mr.. Duncan's
statements These afiidavits, Mr.. Laroque con-
tended, concuslvey rebutted the allegation Of
Mr.. Sherman being nonresident. and in support
OF the motion he cited various authorities.
In opposition to this notion on behalf OF Mr..
Fechter several atfdavits were read by MIR.
Blandy of the firm of Hall & Blandy Among these
that duncan, Sherman Il Co. do their European
business through the Banking Exchange OF London,
and that Mr.. Sherman at present Is in charge OF
tins branch oil the business. Mr.. Peter H. Lynch, a
Deputy Sheriff. also makes AFFIDAVIT that he called
recently at the banking house Of Duncan, Sherman
Il Co., OF this city, and was there told that
the bank in London specified by Mr.. Fechter was
MIR. Sherman's present address. When MIR. Blandy
had concluded reading his affldavts, Mr.. ID. NJ
Porter entered upon an elaborate argument show
ing the grounds upon which the motion should not
absence OF Mr.. Sherman, even as shown by the
opposing affldavits justified the warrant OF attach
ment; that the right to sue out an attachment
does not depend upon any change of dOmicie OF
the debtor; that the actual non-resldence without
regard to domicle constituted sufficient basis for
the attachment, and that person detained abroad
is q nonresident within the meaning OF the
statute.
After hearing the argument the Judge took the
papers, reservng his decision. Meantime the
theatre remains in the custody OF the Sheriff.