The New York herald., 1875-09-22
THE COURTS.
The Park Theahe---Judge DOnOhue'S
Opinion of the Seizure.
"A FRAUD AND AN IMPOSITION"
Assessment Review--Important to
Property-Holders.

The little unpeasantness growing out Of the seizure
by tho Sheriff. under warrant Of attachment, few
nights since Of the Park Theatre furniture account
OF the alleged failure Of William Stuart manager Of the
theatre TO pay a note given TO Hertz Co. for the
same continues be subject OF inquiry in the courts,
with the prospect, however Of the matter being
speedily brought 70 judicial termination. hearing
was had yesterday before Judge Donohue in Supreme
Court Chambers, the order to show why the
attachment should not be continued About all that
was done the submission Of counter aiidavits,
which of course, usual in such cases. quite
fcting their statements. Mr. W. j. Marvin appeared
as counsel for Mr Stuart and Mr. Scrbner Tor Hertz
Co
First in order were submitted behalf Of Hertz h
Co. the afadavits Of Deputy Sheriff Patrick Campbell
and his assistants, who deny that the seizure and
removal conducted with violence. In levying
former attachment against the same defendant Camp
bell says he was with threats Of resistance and in
consequence he took with him this occasion suf-
hcient force preserve the peace and effect quiet
removal and profano language used except by
the defendants business man. Mr. Chandos Fulton who
called the Sherin's officers damned scoundresn -
The adavits of Mr. Hertz and others recite that the
defendant asked credit for the goods and refused
He then gave check dated ahead, and that the
goods delivered. He subsequently gave another
check and both were refused, when presented
no funds in the bank When pressed for payment de-
fendant said that his theatre paying that
If he was pressed he would sell out and his creditors
could get nothing When the attachment was levied
Mr. Fulton SAID it would make first class ADVERTISE
ment for the house. He also said Take all the things
and be damned and then turned OIL the gas and the
SherTs officers obliged TO send for candles Mr.. w.
Forance the actor arrived before the removal and
fused offer of the agent Of plaintiffs attorney
withdraw the attachment and assign the claim to him
If he gave his check for the amount Numerous afi-
davs were also read to that the defendant
that he house there and pays taxes.
At this stage Judge DOnohue remarked that he would
hear the other side the question of non-residence;
but to the checks he thought that when man OBJ
tains attachment against another on the ground Of
fraud in the purchase OF goods, and omits to state
that the check on which the goods were de-
livered dated ahead, which of itself showed
the drawer had present funds 1t outrage
the Court At first he thought the suppression of that
fact in the affidavit which the attachment was
lIberate
Counsel for plaintiff replied that the man who
sold his goods c. O. D., and received payment
worthless checks on a bank where the purchaser had
funds for three months represented sort OF
culprit But the fact was the defendant was a nom
resident ana had declared his intention TO pantln OF
selling the goods, and on this fact plaintiff relied As
70 the omission in the affidavit, the plaintiff, sMr.
Hertz, did know that ii made any difference whe
ther II time check or not
"Oh well, never mind" said Judge Donohue, ''he
ought 10 know that the defendant gave him time
check instead of cash for some reason"
''The gentleman did not know" replied counsel,
"that 1t made any difference whether 1t was time
Counsel for Mr. Stuart then read afndavts showing
that for twenty past Mr. Stuart has been resi-
dent OF this city, and not resident of New London,
Conn, and that be merely owned house in the latter
city which he paid taxes Counsel urged after read
ing these afhdayits that Mr. Stuart and his friends
better judges where he resided than collectors
other officials giving simple testimony as 70 assess
mens upon his property and further that the Con-
nectcut officials had right TO describe him
citizen Of that State than the plaintiffs attorney this
action. No citizen of New York would be safe if he
could be made citizen OF another State in that of
hand fashion, because for instance, he had country
residence in Newport or Rookaway.
Judge DonOhue remarked that the only point worthy
OF inquiry in his view that relating TO n-res
dence and that this the only point he would pass
upon He then took the papers, reserving his deci-
sion
2 IMPORTANT ASSESSMENT REVIEW.
Judge Donohue, in Supreme Court, Chambers, yes
terday signed twenty four orders to vacae assessments
for last year. and granted trial in each The
assessments were:-For laying crosswalks in West and
Leroy streets; for setting basin Thirtieth street,
Tor laying crosswak on Broadway; for setting the
curb Sixty first street; for crosswalks Twenty
third street. opposite Presbyterian church; for flag
ging Broadway, between Fiity-frst and Fifty ninth
streets; for Tagging Eighth avenue between Fifty third
and l59th streets; for paving Sixth avenue, be-
tween Forty-second and Fifty-ninth Streets for
crosswaks in Ann street. for tagging Thirteenth street,
from No. AIS TO A; tor tagging Fifth avenue,
between Fortyhird and Sxtieth Streets for tagging
Fiftysixth street between Eighth avenue and Broad
way for Tagging Fiftysixth street. between Seventh
avenue and Broadway; for curbing l1sh street, be-
tween First avenue and avenue for tagging Fifty
first street. between Broadway and Eighth avenue for
laying crosswalk in Broadway; for crosswalks
Third and 105th street, for crosswaks in West
street. near Houston; for setting curbs in Washington
street Reade street; for setting curbs in West
street. between Chambers and Canal streets; for setting
curbs in Forty seventh street. between Eighth
and Broadway; for tagging Forty-seventh street. be-
tween Third and Fifth avenues for curblng and gutter
ing Eighty third street. between Third and Fifth
nues, and for crosswalks in West street, Dey.
EX-CONTRACTOR BROWNS WILL
The contested will of John L. Brown, formerly
tractor for cleaning the streets OF New York, was
called up before Surrogate Huchngs yesterday for the
purpose Of taking further testimony
The viii left the estate Hannah T. Brown, who
claims be the widow of the testator and to John L