The sun., 1873-11-18
yAr cooKE C CO.'S BaNKRuPrcY.
An Attcnipt to Thwnr the Intcntions oi the
Creditors The Claim of Ono oi the fct'-
tiourts secured in Full The Decision.

WAsIuNGroN, Nov. 1.-THE ease OF Benz.
r. Dnclncr against Jay Cooke & Co. in bank
ruptcy came on for hearing to-day before Judge
IIum hrics, sitting in the District Court IN Bank
rnptcv. ils Honor announced that he WodN
give a fun and patient hearing, and allow coun-
sci respectively to discuss the various questions
that might arise during the progress of the case
tu any extent that they might deem necessary
in the discharge of their duty TO their clients
Thcrcupon B +. Grafton and Robert Chrlsty
counsel for the pcttioning creditors. announced
that as the case Of clifford Arrlrk had ceased as
they had reason to believe, to be adversary
they did not appear In 1t longer a. counsel.
They then proceeded to offer the proofs OF ser
vice of process upon the several debtors, i IN.
cluding both personal and constructive service
Alter their proofs "a aforesaid had been sub
mittcd Mr. Dnvidge, as an dfnJcus ctiltdB M aoe
lengthy argument by the PERMISSION oi tne
Court upon the proposition that pubhcation
lively that the residence Of defendants could
not be ascertaincd 10y he pcti ioning creditors.
lie was followed by Mr.. w. A. Cook, both IN the
character of an dmtcis cu't1 ana as creu'of
| of the debtors. a. 49,, .,
| for MIR. Buckner. they finally agrceing' however,
| that the authorities were conflicting upon thls
| point, aud that out OF abundant caution they
| be m adc ON the debtors outside of the limits OF
| the District. they held. however that there was
| NJ proof before the court that the pcutlunlng
| creditor, who had been till recently resident
of Texas, knew anything in regard to the resi-
| dencc of the debtors at the time the order OF
| pubncation was taken ,ther than appeared
| from the return OF the Marshal. nc hau
| dent Of the District excepting Henry ID. Coolc
| anu william NJ Tcnny; that bv all the annlogies
| Of tbe law the Marshal was not required to 20
| without his Jurisdiction to serve process, and
| that although the law itself was liberal as 70
who should serve this particular process tne
| uotitioniul treditors should not he required TO
70 beyond the tcrri Orial limits of the DisttiHt'
that II these limits were one" dlsregMur1 nc
Il lIaaaaa fFsffNN l.
| t'nitcd -t,tc-. or even beyond the ocean, To at
| tempt to complete the service "f process 50 az TO
Iuds" Humphries held that all the y titions
werc before the court, including Mr. Arrick =
and should bc retained. II any creditors should
appear and us< that i should h" done that thl@
section ~ the law had not vet received shtisidc-
tory judicial cyn-,ructl.ni ina{ u W"s wny
when citscs of great nlrnitudc IKE this 'anSeu
! counsel 10 put forth their energies thNt lucs-
tons were authoritativcly settled NAV ne
would not hold that the service nN 'uhH'a'l9h
wss Irregular. but would permit the cases TO bo
continued, and thereby allow personal service
| on Of ttc District, If counsel desired 1t 10 he
made. II was the desire Of al partic, that com
plctc iurisdiction should hc obtained before the
ndiudi, All In ~ thi- vast estate. rjuiiying ihtc
.n many Jurisdictions. tie therefore advised
! rcr-nntl service on N tuc 0eN'urs II pp--ihie
| lie nl-n stated that the iuv ought to be admin
! istcfed tire same to tue most powerful cor
porhfion or the richest arm a. 1" the huin'ies
Arer consultation between counsel it wa
agreed THAT the oasc hc adjourned until IueS
da,, the "a of DcCemuer. ., -.
ne NldlNlNFnl ~ rs VIM '''i' ''''' ''''N
that Mr.. Airick's case was no lunf,r adversary
caused some sensation, ON inNr- legation
learned that an arrangement had been made bN
a STR Lew stevens, person with whom th'
Cooke wore Interested IA an lihproN"n'Ul ',l
s.Nlns fuel ON OUCan-guiug steamers, where y,
/. the c'aiin Of MIR. AIrck was secured IN lull
rAi, was evidently done at nc sollcliatlo' ~
and by the cons. mt of tho Cookies, ana wa
intcud i to enable them TO thwart the In
icutipns Of other creditors To throw then
INTO htukrultcV. The declaration OF Jud.
. Humrhrics that this case was still 'un
der tho control II the court. and could not "
disrnscd Of without the consent of court was VI
unexpected Alow. There l. no question Of n
final result OF the cases pending mere. IN
and Judge Buckner, rcsnutely declare that the
| VIII not consent to any arrangement for the SET
. ! tleInent outside the courts.