The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-16
SUPREME COURg-CHAMBERs.
A Memento OF the Late Civil War.
Before Judge Donohue.


Before Judge Donohue.
An interesting case came up for argument yes
terday in this Court and is OF the suits peri
sdicalIy turning up in the courts bringing up
memories OF the late civil war. Thomas s.
Metcali, according to the statement OF William G.
Church, was worth about 100000 before the war.
He was resident OF Georgia and TOOK lively in.
Tee OF Mary E. Church, Maria Il. Metcalf and Lorana
ID. Martin, and under the will OF Thomas ).
Metcais brother received 10000 in trust for
Mrs. Maria II. Metcal and Mary +. Church. This
was as far back as ls4l. The trust was one giving
power TO invest as the trustees pleased and under
II he had invested the iunds IN the Mechanics
Bank or Augusta, Ga, OF which he was large
shareholder and President When the war began
the funds Of that bank were almost ali given TO the
confederate states upon securities OF that govern
ment, which have since become entirely worthless,
and Mr.. Metcai became insoivent. He died IN
1870 leaving will under which he appointed Mr..
william g. Church one OF his executors. MIR.
Church was also trustee OF the Will OF his
Georgia out no sers
airy on Mr.. Metcalrs estate, under the
ADVICE Of legal friends in Georgia. There was one
relic OF his estate in claim against the United
States for cotton seized belonging to Metcalf and
Battersby, Engishman, for which ultimately
posted with Duncan, Sherman & Co., OF this city,
and Metcaiis share still remaining with that firm,
Nj Church, as trustee under the elder will, asked
that IL be applied to the settlement OF the trust
under that WILL Mr.. Charles r stone. the Georgia
executor or the estate, claims the money Tor the
while has obtained letters testamentary in
New YORK, and now brings suit against Mr..
stone aud duncan, sherman Co., to have that
money turned over to him as executor, but more
especially TO have an amount reserved sufficient TO
meet the trust funds under the elder viii. The
case came up on motion before Judge
Donohue, IN Supreme Court Chambers, for an IN
junction TO restrain Duncan, Snerman& Co. from
acting Win tne money untn the questions be-
The defendants insist that the Whole question Is
one for the Georgia Courts and that In any case
n. his uft how
also deny many or the facts, among the rest that
Battersby and Metcaf nave yet settled thelr
affairs.
The case was argued az great length. after which
Judge Donohue took the papers.
The kelsey Mystery mt Huntington. LII.
The counsel for George b. Banks and Royal and
Rudolph Sammis, charged with being implicated
IN the Kelsey tar and feathering case at Hunting.
ton, l. l., having iaed in their application before
Judge Gilbert, OF Brooklyn for a writ OF certiorari
10 remove the record from suffolk county to this
county, Win view 10 cnange OF venue, renewed
the application yesterday IN this court. Mr..
Brooke, the counsel, pursued the same line or
and OF which full report was gwen In yesterdayis
HkRALD. General Barlow appeared In Opposition
TO the application and brought the same poInts TO
bear In refutation. The argument TOOK mace earIy
In the dav and shortly after four r. NJ Judge
Dononue rendered his decision granting the appli.
The Teresa SMALL Case.
The examination In this case was TO have been
resumed yesterday but, owing to the engagement
OF Mr. william Y. Howe. the prosec uting counsel.
N another court, was postponed until Monday
Police Commissioner Gardner IL to be examined
tben and 1T is probable that this viii close the ex-
animation.
Decisions.
,clary va. Clary.-Decree Of divorce granted &c
Mutual Life Insurance Company vs.. Salem
Montgomery vs. ACKNOWLEDGEMENT.
verIDeu'e VS.. Hovey ct ai-0rder granted.