New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-09-22
TIE PARK THEATER ATTACHMENT.
W. r. q LII -
CHARLES j. fOLcER,
THECIoEL NILLLE.

nIE PLACE OF MANAGER sTUAKTs RESIDENCE Dis
PrTED-,rTIDNITs THAT No VIOLENCE WAS
USED N TIE SEIZURE.
In the suit of Henry b. Hcrts and another
tSains; William stuart Of the Park Theater the cher
,,ts q which have been reported in TIE JKIBUNL. The
argument f1he motion to Vacdte the enactment against
ho property OF MI finish yesterday before
mdee Donohue in Supreme Court Chambers Al the
st hearing judge DoHohuc had gwen the defendant nm
IN YES erday 10 answer the Plaintiffs allegation that he
sas Lot resileA: OF this State. Yesterday defendant
m0utted an affidavit Of his own, that, while he had
summer cottage at NewLondon, Conn., bis business as
onalist and of theater for u years had com
,ced him 10 make NcwYOrI his d9, a. well az his
ecal 70 sdence lie in NewLondOn only two weeks
1874 and 80 days in 1873. The proprietor OF the
Albenarle Hotel confirmed Mr. Stuaits declaration Tor
,nc last two years. number of fri nds OF MI stuart
wore 20 his being New Yorker during their acquain
anee III him. extending from eight to eighteen years
In answer Mr. Scribner read the affidavit of the Town
Clerk of NewLcndon Conn that in 1873 Mr. Stuart in
TWO mortgages described himself a OF NeT-L0nd0n an
ihldat oi tAe Tax Sofei9s 7 nd er nan n Oo'
on the main quC stiOn Mr. scrbnor read the afdavt OF
Henry b. He thar Ill the latter part OF August Chandos
Fulton, MI Stuars business manager, hTst 70
make certain furniture for Chinese scene IN the play or
Inc mighty Dollar" hut asked 30 days time Plalntn
'cuset 10 give crcult ana IL was ih aeISto 1t snOtI
BE- paid for delivery. When ready for delivery MI
h0 refused any credit, hut finally accented post
hated check fo S65. ON the day before that check was
III.
1ot pas check and il wouldn't do TO- press the claim
~ # were pressed he would sell out his properly ana
90 away, and then his creditors couldn't get cent ne
aad some money with Riggs Co., and would give
theck Oh item for 100 and another fol hs balance Inc
plaintiff accepted the now checks but inquiry, KISS
Co denied That they had any funds Of the Defendant
Under these the suit was begun PlainnU
kenied any connection with the mode OF the levy Oh te
attachment and Lad given no instructions whatever 10
thS deputy sheriff.
Jacques H. Hertz, the clerk In Mr.. Scrbncrs Office,
who saw the leyying Of the attachment SAID mere was
no violence. The truckman and other employees Pat
rck Campbell and two other deputy sheris made SIM
nar statements as 10 the absence Of violence in evying
the attachment.
Mr. seribner. in arguing on these afidavits insisted
that the points which the attachment rested,
residence and threat TO dispose of property in fraud Of
creditors not disputed.
Ju, Douohue said that the plaintiff in the afdavits
OH witch the attachment granted had willfully
ceaed one facthat the goods were delivered post
dated check Mr. ScTDner said that his client had not
known VI any legal effect arising from postdatng a
check. Judge UonObue said he must have known that
II was postdated for purpose and that he delivered
tho goods on the faith OF IT, BY not stating that fact,
plntG imposed on the Court and he therefore should
not qure the defendant 10 answer as to any question
Of fraud, but merely as 10 his residence.
Mr. Mann behalf Of Mr.. Stuart, argued briefly that
tine plaintiffs aidavits not even inconsistent with
the TACT OF Mr. Stuarts NewYork residence. and JUDGE
Donohue took the papers reser'ng his DECISION on that
point.