New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-26


HOW THE RELEASE OF PROPERTY WAS SECURED
Extracts from the testimony Of John r. wyehe are
then given to show the manner In which this class OF
cases disposed Of The principal points OF the eA
tracts are given below. i. rr..-.
Being asked what disposition was made OF his real
estate when he went into bankruptcy Mr.. Wyohe sao
his mother law, executrix OF the estate OF H. fev
PIES having ready money and the property consist
Orleans to her in order to purchase the proper
~ II possible with their mortgage He soon
for cash the proceeds TO the assignee subject to the vT
% NJ SaeSn anS Mr.
and found in the hands Of the Phiis'ines
to pay. An attorney would have been Of no use 70
him II took him two years before he could ger An, M.
Peoples would have to paw to title to the prop
erty. Finally they asked him to the amount and
stantiated and the property sold and bought in Mr.
stone laughed az hun. and said II would not begn gull ~
take t275O and grant clear title TO the property MT
Wycne spent week in raising the sdd'ons sse . aad
$275o was not the amount he had asked and wou,d
% s Stone said ris Wosd % fo money
was taken TO Mr.. Stone, aud he began 70 to- IA :
the H wnsss coutnnea SAID ID You
me-. Toe costs OF Mr.. Norton aud myself are oniy M
j, 10 the maine OF God, can You expect me 10 bear
everythingi' He said there was Gen Heron the Mat
have be settled. We'll, says after hesitat9g. 10;
me know what the amount Of these bills :a e h WSIf
that all He said Gen. Herrons account as nted
States Marshal about the same amount Very
money The papers were then fixed up. and he gave
me discharge to the property and also RECEIPT ior
Many similar were testified TO- the fact generally
appearing that whatever the amount paid the reeep.
for $40 and Mr. Micon testified TO q NUMBER
OF cases In which large sums were received and retanea
by the assignee After selling the properly the asslanee
would file his petition without vouchers describing ~
stating that the mortgage exceeded us yaue ana nse
the price received understood by the purchaser 10
n nm fD
The petitioner would pray thahe be allowed the amoup
and the following order would be attached; Let lhs
prayer Of the petitioner be graute, t. II, Darrell.
Mr. Mcou also said that In some OF the cases, after the
assignee had been allowed for
estates Mr. Norton would file other accounts oIDituug
the received from the purchaser Of mortRaged
estates Inc n many Gsses Was th ms An Of The
property and after compensation had been decreed rep
funds in the hands of the assignee petiiouing the
Court to dispense with the second aud third meeting OF
procedure was generally adopted BY the Court
OTHER MODES OF ExroRrioN.
When opposition was made to charges in bankruptcy
the report says Judge Dure issued an order that fhe
matter be referred to Of tho Commissioners OF the
Court but $50 must first be deposited to secure the costs
Tns had the effect prevent scrutiny into the charges
The property involved bankruptcy since 1867 extended
over Texas, Arkansas, Mississippi Lo'paanA anu Aen
nessee and amounted to over s3OJo,G)C
In the testimony OF Mt Sanger, of the fcred
itors OF Davis jackson, adjudged to be bankr1pts
OF the difficulties relation to property held by
Norton appear a. strong sn, ME- sanger Tent 20
New-YOrk firms representing ABOUT 100000 or the
or two Of the SeWYork creators and the r@ Of Ellis
Carhart Co.. the SewOrieans creditors were then 70
speak for themselves His OBJECT was to have trustees
elected. He met with little encouragement and barely
obtained call for meeting of creditors AT the meet
protested against the meeting saying a comm sson had
been sent 70 New York to examine Mr.; Jackson. Mr;
and uusworn commission which he read
mad been surreptitlon.!y obtained at the regis r
objected on the ground that nearly 100000 OF MI sa
gers claims were usur5us Tae case was argued before
authority TO postpone the meeting; but he ordered
postponement for six months. Coming TO New-fork
Mr. Ellis applied for stay OF proceedings. but the pro-
ceedngs New Orleans had such visible girb Of fraud
compromises with Mr. Ellis repeatedly failed, but 1t
finally agreed by him 10 allow tue election If the other
Mr. Ellis Mr.. Norton, Billings Hughes, his counsel,
and Cotton and Levy Eiss counsel could get paid for
all the disbursements in the case should be
paid. This was agreed to. but the proceedings
further agreed that 900 in expenses
should be allowed ms also was anAlly agreed to- and
srnses hands amounted to Of s,as
a check for the baanee, about $4,000, 10 MI Sanger,
Mr. Norton. the report says, made arrangement with
W which he obtained division Of their fees
and charges, receiving more than $4,000 III this way
From Judge Dlrel,s Intimacy with Norton, and from
certain testimony the Committee came to the conclusion
that he must have been eggplant OF these facts,
and therefore corrupt party thereto, or that he was
grossly Negligent III the discharge OF his official duties 80
that quaenQus rid data lie comes under Ike condem-
JUDGE DURELL's MIDNIGHT ORDER
The facts connected with the issuing Of the famous
midnight order in the election case of Wm p Kellogg
against Gov Warmotn, John McEnery, and others. tho
committee found to be substantially has been pub
shed After stating the facts, the Committee says 1t
would be onstrous for state Judge to Issue his fat in
a case in which he had no Jurisdiction with view OF
iisbiac another in the government of State.
but for Federal Judge to assume such
not only wrong but dangerous and the more wicked
because 40 dangerous, III c0nduct SO dangerous,
right and followed by such serious does not
constitute high crime aud mlsdemeanor, Tor which TIE
Judge guilty thereof should be arraigncd and trled
seems 10 us that conduct The respect for the
judicial office and the sacred character OF judicial au,
fhorty throug this nation rake II essential
that such should be rebuked and such out
RACES and nsurpations OF brought to
condipn punishment" Tue Committee therefore recon-
meuded the adoption Of resolutions providing O that
Judge Dure be impeached for high crimes ana INSIDE
meanors; Cd that committee VI two be appointed by
the House TO 10 tie Senate and in the maine OF the
House Of Representative impsaeh him and inform the
lar articles OF impeachment and mako good the same,
aud demand that the senate TAKE or
articles Of with power to send for persons
aud papers and TO take testimony
THE MINORITY REPORTS.
Mr. Tremain presented o minority report, signed By
himself Mr. Frye Mr.. Cessna and Mr.. Ward dissenting
from the conclusions of the majority OF the Committee
and recommending that all proceedings against Judge
Dure be discontinued. Another minority report signed
by MI Poland, also presented stating ~ that in
gard to Judge Dureps midnight order he believed that
the Judge bad proper legal jurisdiction TO make IT,
but still that he Mr, Poand) could not find that thu
Judge acted corruptly or with any belief that he was
going beyond his urstctlon the wnoe peopie were OK
cited TIE times were violent 'uipu'en'' "n' 'ut
cla camness aud correctness could hardly be expected
~ that the evidence to establish that some officers
Of Judge Durelrs guilty OF clearly corrupt
practces and that the Judge not watchfu TO scr
tnse their conduct but that there 10 no clal that he