The New York herald., 1875-06-12
THE COURTS.
Curious Revelations in ths WiShart Ha-
beas Corpus Proceedings.
INTERESTING LIFE INSURANCE CASE.
Further Illustrations Of the Comp
troller's Contumacy

terday and asked him to issue q warrant against
party who. he said bad refused TO sell him
plate OF Ice cream. The Commissioner did not
entertain the case, stating that IL did not come
within tue provisions of the Civil Rights bill.
Judge Brady, in Supreme Court. Chambers,
granted a temporary injunction yesterday against
the propretors OF the Hochery Clinton Garden,
restraining them from giving further perform.
ances until the payment OF their license fee.
The salt OF Eugene A. Heath against Theodore
p. Austin, which had been on trial for several
days past before Judge Freedman. In superior
Court Part /, was terminated yesterday by a
verdict for the defendant. The action was brought
90 recover 10000 shares OF the Heath q Smith
Manufacturing Company The counsel set up
tnat the shares had been given In trust 20 the de-
fendant TO secure certain claims against the COM
pany.
THE WISHART HABEAS CORPUS CASE.
The examination in the case OF Robert II. Wish
art, held for extradition a charge OF forgery
was resumed yesterday before Judge Davis IN the
Court OF oyer Terminer quite number OF wit
nesses were examined tho prisoner being repre-
Hented by Mr. Charles w. Brooke, and the prose-
cution by Assistant District Attorneys Rollins and
Lyon.
Captain Irving testified that ne found Hit In
Germantown, near Philadelphia; he went there
accompanied by Detectives Doyle, Sillcck, Dusen-
not permitted to take him away; Hit vas held to
bail by United States Commissioner In Phiadel-
phia: afterward he was subp9nacd to attend
case against Hit In Phiadel phia on charge OF
1874; ala not advise wishart to complain OF
Batcneler, alias HIT, TO the United states authori-
oad bondds United States currency or New York
Central Railroad bonds; detailed several
odlce OF Hit, at NO SO New street; they searched
mis- oGice subsequently and found forged United %
States and New York Central ana Hudson River
Railroad bonds ana forged 1fty-cent currency
stamps to the amount OF SIT 200; they were hid
sound in one OF the drawers or desk In the room
4iad known Wisnart about three years, and had
during snar lime never heard anything derogatory
superintendent Walling testified that ne was in
formed in November last that there were spurious
United States bonds being put upon the market
and that charge was made at his onlce that j.
sres Il m this cy sesr was Taae ana forged
bonds found in his office No IS New street, the
man Batcneier was INIT. and that ne was in Phila-
depnia; Irving was given Instructions 10 work up
Wishart's counsel offered in evidence an indlct-
ment against Hit found IN the United states
Court OF Ehlladeiphia charging hlm WlthIorglng
United states bond for $4,000.
Detective Silleck swore t1at in 1874 he watched
the office OF Hit, alias Batcheler, and finally on
searching it found railroad and United states
bonds, some OF which were concealed under the
carpet; he also went with the other oincers 70
Philadelphia TO arrest Hilt, and found him in bed
and took him into custody; but was not permitted
TO take MIN away. he being held by the United
states Commissioner 10 answer charge o. lor-
oiiicer Thomas Doyle testified that-he was in the
company OF the preceding witness when the once
or Hllt alias Batcheler, was searched; they found
$4,000 or $4,000 In United states aud railroad
bonds, and plate Tor printing nlty cent currency
noses he was detailed TO watch Hit, alas j. 1t
.Batcheer
Hit, alias Batcheler, signed q bond under an in-
,dlctment against G. Il. Hit as George T. HIT and
Detective Dusenbury testified that ne knew
both wlshart ana HIT, and that ne was detailed
j. H. Batcheler 4 Co., No. As New street. and on
that occasion Hit Represented himself as Batch
eeler, and witness identified him as q man he had
bitten seen In Wall street in company with JACK
Cantor, the noted forger, now Ia state Prison.
The janitor OF the building In which Iit's, alias
Bachelors once was, testified to his tHtsi hav-
ing applied 70 him to rent the onice; ne then gave
mis- name as Batcheler. but was Unable to give any
reference but this compromised by the pay.
.ment Of three months rent 10 ADVANCE
deIunct Peoples Insurance Company OF Philadel-
phia, sworn IN behalf OF Hit, alias BHtoholer.
lie testified that he knew wlshart under the name
OF BatcheIer. ON cross-examination he further
testified that he borrowed nom James A. cav, OIL
Philadelphia, large amount or bonds, over 500, 600
worth OF which some were United states bonds, Tor
the purpose ofeXhlbitng the assets OF the company
10 make an examination OF the affairs OF the COM
pany he borrowed these bonds Tor one day and for
ferred 10 Cav Dy George n. llelmbold who pur-
ported 10 be a broker aud published an insurance
Journal ne did mo- Saow the bonds were were raised;
Rodney KING, and the loan was negotiated under
his direction.
been often at the ONCE OF Batchelcr Co. and
never saw any one there but Wishart; on one Oc-
casion one OF the boys heard some one In the Oc0
address MN as Batcheler. Louis Mineim clerk
IN the Safeguard Insurance Company, testified
rnnt ne came to New York on one occasion with
Hut and met Nlshart, who was introduced 10 HIM
~ Batcheler and answered to that name; ne also
saw him several times since, and addressed him
as Batcheler; on cross-examination nc testified
that when ne nrst formed the acquaintance or
Hit both were members Of the same Bible class.
George r. Hit testified that he was formerly
Secretary OF the Safeguard insurance Company,
and was first introduced TO Wfshart by the name
or George r. Hit lhis own name aud tnat he
subsequently know him as Batcheer The wit
ness denied that ne ever mad an ohlee IN New
street. and never went ny the name OF Batcheler.
On being crOss-eXamlned he stated that 100000
or tue capital OF the safeguard Insurance Com
pany aspaid up, but could only give items Of
assets for $4,000; he had stock W the amount OF
States stocks TO tue amount OF 100000 from Cav
10 increase the capital OF the company, although
az tne TIME OF such loan the assets oi the COM
pany were traction more than is liabilities; he
agreed 70 pay Cav nve per cent per annum Tor
The loan, the latter retaining the coupons he was
20 give no security ior the bonds, but they were
10 be subject 70 the control OF Cav In the hands
Ola third party. When he got possession OF
borrowed $4,000 OF the amount TO lend 30 Prndle,
OF the Peoples Insurance Company, for day;
Cav refused TO give these back aud Wishart and
man named Davis alias stevens, went to him
fFIllp ana said nc could Get them back by paying
$1,000, which ne did ana obtained tncm; suDse-
quentiy Nishart agreed to iurnIsh stock Of tue
Chicago and Northwestern Railroad company In
substitution OF Gawis bonds; the negotiation
about these, as well the transfer OF the Cav
bonds, was IN q house OF prostitution, IN which
lived or IreQuented; he old not know that lhc
bonds we're forged or altered until they were
taken possession OF BY the United states autnori-
rho further examination was adjourned until
Thursday next.
VERDICT AGAINST AN INSURANCE
COMPANY