The New York herald., 1874-05-14
UNITED STATES CIRCUIT COURT.

tion will conclude the case.
UNITED STATES CIRCUIT COURT.
The Case of Plat, Assignee, vs.. Alex
ander r. Stewart.
Before Justice Hunt.
Yesterday Judge Hunt rendered his decision In
the case Of John Fl. Platt, assignee in bankruptcy.
vs. Alexander 7. Stewart, which was reported in
the HERALD OF the day before. motion had been
made by MT. Denis Mcmahon, counsel for the as
sgnee to dismiss the appeal OF Mr. Stewart taken
from the decree OF Judge Batchford, setting aside
the conveyances made by the bankrupts, Messrs.
Leland. to Mr.. Stewart OF certain houses and lots
m this city and farm In Westchester county.
The ground Of this motion was thar Mr..
Stewart had taken the conveyances OF the
property prematurely, as the District Court
had ordered an accounting to. be had OF
the rents and profits or the real estate; and
that without waiting lor this accounting Mr.. Stew
Mr.. Stewart was that the decree of the District
Court was IN such condition that 1t could be ap-
essd som Judge Hunt IN the course o.
can be no appeal under the eighth section Of the
Bankruptcy act unless the decree from which the
appeal Is taken Is Q nnal one that this is not
final decree, but merely an interocutorJ one.
HIS Honor, in careful and elaborate manner, re-
cites the law and authorities having reference to
this point ana concludes by stating that the de-
cree In question was not nnal one. He grants
the motion 70 dismiss the appeal: MI. Denis NC
Mahon for the assignee, and MIR. Henry Z. Davies,
Sr., for Mr.. A. T. Stewart.
Action by tho Government Against Jay
Cooke & Co.-Redemption Of Seven
Thirty Bonds-Question ~ to Their
Genaineness.
Before Judge Woodruff.
In September and October, 1857, Jay Cooke 4 Co.
wanted to obtain redemption OF eighteen 81 600
sevsn-thirty bonds. and for this purpose presented
them to the Assistant Treasurer OF the United
States. This redemption was accomplished, but it
Wss ascertained subsequently that the bonds in
question wexe counterfeits. The government then
Instituted an action in the United States District
Court against Jay Cooke Co. to recover the
amount they had paid on the bonds and also the
interest. The claim OF the government was that
the Assistant Treasurer was empowered to re
deem genuine bonds only, and that ir he mad,
through mistake, redeemed bonds that were not
genuine he had remedy against the persons pre-
seatlng such bonds and could recover the amount
defendants insisted that tney had presented
the bonds In good faith; that when they pre-
and that the government having by the act OF
Its omcer, decided and passed upon their gen.
were counterfeit, main ain an action to recover
Dack the sum paid on them to the defendants.
Briefly stated, one OF the main points OF the de-
renee was that in this case the government was
bound by the acts OF its agents. When the trial
vas eoinR on in the District Court, before Judge
B!atChord, ne intnated that he intended to rule
and he did so rue-that 1t was not within the au-
thorty OF the Secretary OF the Treasury or OF the
IN eay y &c tSe ae
were genuine and that II he had paid any
money otherwise TO them, it was within tne power
OF the government to recover it back. Judge
Blatchi0rd did charge the jury to this effect. 1t
turned out on the trial, according to the evidence
was. therefore. verdict for the government Tor
$2a, lSo SO. An appeal was taken by Jay Cooke &
ground OF the appeal being tnat the charge OF
Judge Biatchford was not in accordance with the
law. Yesterday Judge woodruff rendered his de-
ciston on the question raised by the appeal afirm.
ing the position taken by Judge Blatchford in the
Court below. IT is understood that the matter
WIN now go TO the Supreme Court OF the United
states for final decision. John E. Burrlll for Jay
Cooke Co. ana the District Attorney for the
government
Criminal Proceedings.
Before Judge Benedict.
Judge Benedict sat yesterday in the United
States Court room, No. 27 Chambers street, and
proceeded with the despatch OF criminal business
The panel OF jurors was then called and several
gentlemen answered. Seven who did not respond
10 their names were ordered by the Court TO show
canse to-day why they should not be fined for non-
attendance.
THE CASE OF cHARLEs CALENDER.
The case OF Charles Calender, indicted for ac-
cepting bribe from the Ocean National Bank TO
his ofrical action. was then called.
Mr.. Knox, addressing the Court said the defend
ants counsel, Mr.. william Fullerton, was absent
In Virginia. He expected to be home this MORN
ing, but had not yet arrived.
Judge Benedict-You might go on and empanel
the jury, and thus save time. can only spend
Mr.. Knox assured the Court that he knew
nothing whatever OF the case, and was therefore
would be postponed until Mr.. Fullerton came
back.
Mr. A. q. Purdy, United States Assistant District
Att0fney said mat This application embarrassed
him. as the witnesses for the prosecution were
nov IN Court and notice had been given 70 defend.
ant that the case would be tried to-day 1t should
% tried now or never. He must press the case
for trial.
Mr.. Knox-I know nothing OF the case and
therefore, am unprepared to try 1t.
Judge Benedfct-fhe case stands over until to
s a1
sistance OF other counsel and proceed to trial
without fail.
The case accordingly stands over till to-day
CHARGE OF CoNsPIRACY.
On the application OF Mr.. Denis Mcmahon, coun-
Ephraim Miller, indicted for conspiracy, was post.
poned until the all term In October.
ALLEGED EABEzzIKnksT IN THE posi- OFFICE
Ihe next case called was that OF John w. Nor
ton, who Is Indicted for embezzlng large sum OF
money In the money order department. OF the Post
once, OF which he had been superintendent.
gentleman representing Mr.. Wakeman, conn.,
sci f0r defendant, said Mr.. wakeman was profess
sionslly engaged in Albany and would be there for
two or three DAYS. He hoped this case would be
set down for some day next week
Mr.. A. H. Purdy observed that this case had been
some time ON the calendar and should he dsposed
OF now. He understood that the defendant would
put IN plea OF abatement under the statute OF
limitations.
Judge Benedict--Has the defendant pleadedp
Mr.. Purdy--He has not. | am surprised that the
him IL would bo. am willing to let the case stand
Till Monday n counsel win have the plea here then
and are prepared 70 argue IT,
The case, thorefOSo stands till Monday.
CHARGE OF CONSPIRACY.
The case OF Hans Marten and Edward r. Robin
aop INDICTED for conspiracy, went OF the calendar
Ly consent or the District Attorney.
ALLE0ED cOUETEEFEirINo.
bench warrant was ordered 10 De issued for
the arrest OF Peter D. Rourke, who is indicted Tor
counterIeiting and who did not answer when
called.
ALLEGED FRAUDULENT BANKRUPTCY.
The BAH bond OF William II. T1ndle, indicsed LOT
committing acts OF alleged fraudulent BANKRUPTCY,
was ordered to be forfeited, and bench warrant