The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-06
THE ADAMS EXPRESS ROBBERY
Conviction Of Daniel HaWry---
Sentence Deferred.
THE B0UCICAULT-HART CONTROVERSY.
Prosecution for Violation Of the
Game Laws.

visors, mas been set down for argument on fues-
day next in the supreme Court. General Term
Nelson J. Waterbury served yesterday on
Messrs Wingate Cullen, the attorneys for john
Kelly the libel suit arising out OF the late Mayor
Havcmeyer's letters and Water barry s despatch TO
the Syracuse Convention. a notice OF appeal from
the order OF Judge Donohue striking out portions
OF his answer. HIS sure,es upon the appeal are
James and John c. Hayemeyer, the sons OF the
late Mayor This takes the case to the superior
Court, General Term.
on the motion for new trial on the ground or
newly discovered evidence, with view to set
aside the verdict Of $4,000 recently obtained by
Miss JOSIE Manifold against Mrs. Lucy d. FISK In
the suit brought on TWO promissory notes given
by the late Colonel James FisS, Jr., TO Miss Mans
field the Supreme Court has ordered referee
TO take the testimony Of Thomas G. Sherman, re-
nowned IS the clerk OF the Plymouth church
Abraham Gardner, CLERK in the Post once,
was brought before United states Commissioner
Shields yesterday, charged vita emOezzlng two
letters containing 81. addressed to the United
States Publishing Company. The letters were
found on his person by special Agent Sharretts.
He wa, held ia $500 bail to await the action OF
the Grand Jury, having waived an examination.
Edward X. Winship who for long time has
been confined in Ludlow street jail various
orders or arrest, inciud ng one OF contempt OF
fees. yesterday discharged by order OF Judge
Lawrence, OF the Supreme Court The discharge
was on the ground OF di- continuance on the part
OF his wife OF the divorce suit; ana the pre5ump
ylon that having been declared bankrupt in nsol-
vencY pro ceed.ngs, ne was unable to comply with
the order as 10 aiimoDy and counsel lees AL
though ex-Judge George N. Curtis had offered TO
turn over his counsel fees toward the support OF
their enid, and only brought the proceedings on
professional principles, and aversion 10 being
robbed OF his ices. JuGge Lawrence intI-
mated that his present order was not a bar to any
further action that Judge Curtis might nt TO
take ia the premises.
THE PARK THEATRE MORTGAGE.
The suit brought by George W. Riggs & Co., the
well Enown BANKERS OF Washington, to foreclose
mortgage for s2e,oao Oh the PARK Theatre. given
by james Pursel, It's owner, the particulars
OF winch have been published in the HERALD,
came TO trial yesterday before Judge Van Brunt.
holding Supreme Court-Special Term Mr. Dion
Boucicau,t originally executed the mortgage,
and with view to Icing guarantee
for its payment was by him assigned
TO Rigs Co. trpartite agreement
was set up in defence between Mr.. Bouc:cault, Mr..
Pursell aud MT. William stuart, the lessee oil the
theatre IN which II was provided chat the rent TO
be PAD by ar. stuart should be deposited with
o.,
accrued rent should, whether paid or not, 50 ap-
Div. Oh the par: OF Mr.. Pursel IL was
claimed that, under The agreement referred
10, The entire mortgage to have been paid OF
by such rents, the lease covering amount SUI
6cien, for that puri ose, and that the remedy Of
Riggs 90. Is 20 collect rom Mr.. stuart sufficient
OF sucn rents 10 .isiy The mortgage and not by
q OF foreclosure against Mr. Pursell. The
statement is tina; the reason Mr. stuart omitted
to pay the lent was the failure TO complete the
of fha -frlD M and nrH
dance with tie conditions specified in the lease.
1t WAS Gained on the other hand that Mr.. Rg2s
alone was Interested in taxing the original as
s.gnnent OF tho mortgage tnat he never heard or
the alleged tripartite agreement aud tina. If
notice ever had Deen given him oil II, Mr.. Pursel,
wnen the mortgage was assigneu executed
covenant thar there were $4,000 Que on tue
mortgage; toat he held no Offset or defence there
TO, aud that plaintiff was entitled 20 jul payment
thereoi at maturity. Upon TINS agreement aud the
e m 1he II, m Mr. ana Rgg m be Wepe
OF the assignment OF the mortgage 10 him The
whole case turned: General Arthur represented
the plaintiff and Mr. Henry Arnoux the defend
AM.
Mr. Pursell was the first witness called. He
testified that he Knew Mr.. stuart some two years;
that In April, 1875, he met Mr.. John Elliott, Mr..
stuart. Mr.. Bouclcaul ANA MI. Riggs mot q. ".
Riggs, at the Office OF Riggs Co.. IN Wall street,
and that a conversation took placeA to
the erect that The rents to De paid
c Ts Riggs Co. was stated That III bouccauis
should take $4,000 81 the mortgage Riggs Il Co.
would .eei more Interest IN me matter MAJ,
o. the mortgage, inquired who was 70 pay him,
and Is was replied that stuart would do so, and
aIterw2rd did pay 1872; accordingly on the 9th Of
May following lease was duly executed TO Stuart
IN pursuance OF the above agreement; on the day
last mentioned he met Messr5. Stuart, Borcicaulf.
Richard O'Gorman Elliott and one or the riggs
NJ General Arthul's ONCE; the agreement
executed there, in connection with the other pa
pers; the witness ldentlned the assignment OF
rents as coatera seeqry; MT stuart on gu me
thea re under his lease; General Arthur gave wit
ness a check for $4,000 on the same day. RETAIN
ing 600 OF the amount ntll certain ASSESSING nts
were paid the witness, together with his coun.
sci. tBen took the lease, the trpartite agreement
between stuart and the witness ana the acknowl-
edgment OF Mr.. Arthur or $1,000.
On his cross examination Mr.. Pursell said that
the tripsrtIte agreement was the only paper WIT
messed by Mr.. Richard OGormsn; he could not
say why Mr.. OGorman witnessed only TINT paper;
day nor had he been tnere for a year afierward;
he had not met Nj. g. W. Riggs until he saw him
the rent from Mr. stuart should lie pad TO riggs
Co. until the amount Il the bond should be
covered.
then testine1 tlist he present at the time OF
the interview on the 9ta Of May, aud that tne
various rspers-nameiy the lease, the bond and
mortgage, tne assignment rom Boucicaut 10
Rlggs ne triparlte agreement ana assignment
oil rents-were then submtted; Mr. UGo rman
had The tripartte agreement in ms possession and
called the attention OF Mr.. Anthem 70 II the latter
glanced at ~ and said Is vas all right; that paper
was signed by Bouccaut, stuart anu Purset.
There was produced IN court an original DRAFT OF
the trIplftie agreement. IN IL was lOund q
clause mat the rents paid should be credited on
the Dond wmle IN the agreement as executed Is a
clause that the amount OF rent be credited
whether paid or not.
Mr.. Arnoux. continuing said that this ADDITION
was made at his suggestion. lie conld not say
whether Mr.. Anthou's attention was called par,ic-
uarly to this addition. Mr. Antbon did not
read IL.
Mr.. Jonn Elliott testified that he a member OF
the nrln 81 Riggs Co, and that at the date named
the firm consisted Of George W. riggs W. iluch-
Jsou Whitmore G. Nsster and himself; At the IN
tervlew referred TO Joseph w. Riggs Bouclcault
Stuart Pursell himself and others were present (:
he told the parties tnat Mr.. Riggs was willing TO
loan the money, but Mr. Boucicault mast euaran
Tee the mortgage; Mr. stuart said tnaf. as bonci-
can't was 10 guarantee the mortgage, ne would
IKE 10 have tue rents Deposited with Riggs, aud
80 TO apply on the moftga9c ana we assentpu
he never saw the tripertltc az eemcnt until
after nc maturity Of the mortgage. ana never
had auy animation thGt unpliI rents were 10 Dc
applied ca the mortgage; no sane man Nouih
nave made the loan on such concitoh MI.
Ilir. n Ilanll nInn N