The New York herald., 1875-10-16

rev days since, as already stated, Judge Lawrence
holding Supreme Court, Chambers issued orders Of
rest against the individual members OF the firm Of Dun
can Sherman co. These orders were granted upon
an OK parte statement OF Washington Roebellng and
Others that on the 2st Of last July they bought at tho
banking house Of Duncan Sherman CO., this city,
bi OF exchange for 81 600 payable at the Union Pank
Of London, England; that this bill Of exchange was i'm
mediately sent BY steamer and was dry presented at
the bank and protested on the gund that there were
no funds in the bank to rect it, Bail was promptly
given, and the ans-ser OF Duncan, Sherman &
Co. to tho charge or fraud is that at the
time OF selling the bill OF exchange they
h>d $50 900 to their credit in the bank named On
the motion to the order Of arrest the
up yesterday before Judge Lawrence, when Mr. Henry
H. Morange counsel for plaintiffs, moved postpone
ment so as TO have opportunity to reply to mat
ters embodied in the answering aiidavts, and also Il
ahdavs to show the fasty OF some Of the statements
contained IN the ne--. cc,,rtiastits
.uug- Lawrence remarked that the plaintiffs should
be prepared to sustain the allegations made in their
afiidavts.
Mr. Morange replied that he was ready to sustain
every allegation in his affidavit but not ready TO
reply to matter suddenly sprung upon them,
although such new matter amounted really TO almost
nothing because Of the physical mpossbility OF his
clients TO send the bill of exchange London by cable
He said that the money should have been there
the bill OF exchange by due OF mail the letter
having been sent Immediately by steamer.
Judge Lawrence stated that he did not know OF any
practice compelling the sending for andayits 10
Hindostan.
Mr. Morange took this bit OF sarcasm evidently good
nauredly else failed to Its import for he in
sisted that could DO obtained from London
about speedily from New Orleans and promised to
have his answering adavits back within threc weeks
Mr. Laroque, on behalf Of Duncan Sherman & Co.,
insisted with good deal OF warmth that these arrests
were wholly uniust1able; that he would like to have
the matter disposed or at once; that this matter
greatly affecting his clients whose characters for in
tegrlty stood unimpeached In the community, whose
names beyond reproach and whose regulations
could not be mpugned by any one. He then went to
say that orders OF arrest had been obtained against
each personality that each had given separate under
takngs that the opposing counsel had excepted to the
sureties, although knowing that they perfectly
good.
Mr.. Morangc insisted that Duncan Sherman & Co.
should be treated the IL their names John
Smith and Timothy Jones; that their names should
have greater spell influence than others accused
OF crime that he had excepted to the suretes because
he believed code authorized him to do So and fur
ther that the statutes allowed him to reply 10 any such
matters contained In the answering adidavits,
Judge Lawrence said that in the eyes OF tho law all
men were alike that the rich and the poor stood on
the same platform. He, however would adjourn the
motion until next Monday to consider the question
whether there was any precedent permitting him on
motion TO vacate order OF arrest to allow time TO send
TO London for a6ldavts.