National Republican. (Washington City (D.C.)) 1872-1888, 1875-08-18
TIE 81, 200 TREASURY ROBBERY. !
Motion to oua,A fAs Attachment. Assin.. ".

Motion to QuaSh the Attaehments Against w.
h. 0ttman's Propsrty-Dscision Reserved.
Judge Wylie, sitting as in Chambers, heard
yesterday motion By Mr.. r. K. Elliot, attorney
for Gilman, TO qussh the attachments Issued
against his property to indemnify the Govern
Dent for the losses oecasioned by the robbery Of
s47 from the United States Treasury, in
which IT is charged that Gilman was concerned.
Mr.. Elliot said he appeared to make 9 motion,
under the act Of 1866. He said the declaration
Med in this case was an ordinary declara-
ton In assumPsit tor III, Oe6.75. This was sus-
tanned BY the afidsvits OF District Attorney
Fisher and Chief Of Police Richards.
MT. Elliot opened the argument, stating that
the motion was made under the act Of June 1,
attention to Inc action being one OF sssnnpst Mr..
E. read an afndavit Of Gilman that the sllega-
tion that he had sent or was about TO send bis
trunk and effects belonged exclusively to his wife,
and he had not removed nor did he intend TO re-
move from the District. Also one from Mrs. 0tt-
man that the trunk was her property, and was
forwarded 70 her at her request, and the sale OF
the real estate here was for the purpose OF pur-
L. Ottmsn, that Mrs Ottmsn sent for the trunk,
and that he had no knowledge Of bis brother con-
templating removal from the District, but, on the
ton TO continue the restaurant here. Also one Of
John L. Reynolds, an employee Of the restau-
rant, that the trunk was forwarded, and he cor
Il w .
II. Gilman TO continue the restaurant.
Judge Wylie said that he remembered 9 case
~ s ne Ssa sns - 6s
animation. And in this case, If the counsel in
tended that the case should go on, the afidayits
would oe tfss,ea as nougn.. Judge W. 1GEshes
for the purpose Of deception but did not intend to
say that such had been the case here. 1t must be
admitted that have the witnesses present is the
Mr.. Elliot said he would leave the afidavits
out and proceed on the papers, and he proceeded
ney and chief of police In support Of the attach
ment writ were insufficient, inasmuch as they do
not
and under the law trunk is exempt Mr.. E.
read from various authorities that the facts and
Circumstances should be fully set out
Mr.. Elliot further said it was apparent, from
the bill Of particulars, that this was an action In
tort, and II has been held that an attachment
the plaintiff alleges the cause Of action to be on
contract and it appears that the action is not on
contract, the writ should be dismissed. The writ
10 defective, too. inasmuch it does not forth
that plaintiff has q just right to recover. He
claimed that he had shown that the case had not
been brought within the statute.
when he instituted the proceedings he took for
his guide the law itself, and would admit that
the law was Ike many other acts, imperfect.
owing to the tinkering Of committees. He read
the rule Of the court on the subject and the act,
and proceeded TO compare the wording OF the
writ with that OF the act, noting that they did
not vary in meaning. He claimed that the pros
ecution was required TO make an AFFIDAVIT setting
forth the grounds Tor reasons) Of the belief, and
the law had been complied with. He claimed
that the AFFIDAVIT Of plaintiff need not be sup
ported BY the affidavit Of another party, that the
claim is Just one. In this case the witness sup
ports the plaintiff and further states his reasons
therefor. He would say take up the act consider
1t as you please and examine the affidavits and
the conclusion must be that the statute has been
complied with, and that good cause is stated for
IN ram Ia
further said that the Government was prepared
TO prove that they had get forth in the atidsvits
as soon IS the defendant traversed Judge
Fisher further argued that the Law as quoted By
should stand by itself.
states Digest IL s5 st tne SatsS
remedy, and the law must bsAtrictly construed.
He claimed that the at1dayits are insufficient as
plaintiff has just right to recover. Mr.. Richards
says he believes" but that is not sufficient. He
claimed that 1t should be shown that defendant
no law prohibiting party from parting with his
property, and there Is no evidence that be could
not respond for every dollar claimed. He claimed
that the afldavits were insufficient, and that the
grounds nereof were net within the statute.
Judge 1ylie here called attention to the tact
that the rule Of the court and thefact differed, in
that the rule required that the affidavit should
set forth that the plaintiff had a good cause of
action, and the law that the affidavit should sup
port the afhdaytt Of the plaintiff, for in but few
CdeSe COulu . party SWEAR pOslLlVclI Nc W
the cause Of action being good.
Mr.. Elliot claimed, In conclusion, that they
were compelled to ask that this attachment be
qusshed. Under the statute they could recover
the property by giving bond; but the statute re-
quires, not q bond for the appraised value, land
such they would not object to- but for the full
amount. Here WAS man In prison, his hands
tied, his property locked up, and his wife and
children are to suffer. He claimed that the de-
PENDANT had right to the enjoyment Of the prop
erty untifthe hnal hearing. Mr.. Gilman to-day
was citizen Of the United States entitled to the
protection Of the law, and he hoped that the at
tachment would be quashed. He asked, If there
were facts to be traversed, that opportunity be
given to produce oral proof The fact that Ott-
man intended to buy property in Brooklyn was
not Q ground for attachment, neither was the
transfer of his property here. To give other than
strict construction would, in his opinion, work
wrong and an injury. He asked by whom were
the affidavits made-beth officers of the Govern
ment
Judge Wylie referred to the case of Osborn in
the Supreme Court Of the United States in which
1t was held that, the Government being unable to
swear, It was competent for its officers to make
affidavit.
Jude wylie said the case was one of very great
importance, and he would take the papers and
prepare written opinion in reference to the mat