The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-06
THE COURTS.
supplemental Chaptsr to the Mysterious Dis
appearance Of Jose HOlgado y Cruces.
Penalty Of Picayune Speculations
in Wall Street.
Necessity Of Looking After Cellar
Doors.


exciting story tho alleged kidnapping, and supposed
robbery and possible murder Of the Havana broker.
jose Holsado Cruces An addenda to the affair
has just been developed in the courts. Gcnaro Fer
nandez charges that Augusta Moren the moving
spirit in this bogus Kidnapping drama In an affidavit
Of Fernandez's, submitted TO Judge Donohue, the
former states that in February last through his agent
Rafael vassello he gave to Moren, broker. then in
Havana $751; 900 10 invest for him in lottery tickets
Of the Royal Havana Lottery, and that instead OF max
ing such investment Aoren appropriated the money to
his own use He has accordingly brought suit against
Moren for tho recovery Of his money, and upon
order OF arrest granted in the Noren taken
Into custody and taken to Ludlow Street JAIL where be
@ Vacated pnd Moen on the
ground that the alleged cause OF action against him
was contrary 70 public policy and the contract
dton to the afidavit of Mr.. Fernandez there was
also submitted one by his agent, Vassclo. stating
be was to purchase With the money entrusted to him,
The latter told him that he had handed the money over
70 Jose aossa s ~ Cruces his who had bought
with Moren came to this city In search OF the fugitive
and that then was concocted the kidnapping story
The intention OF Moren being as alleged after the mat
ter had blown over 90 Europe he having already
obtained passports for that purpose The Spanish Vice
affidavit rec,tng contradictory statements in the case
made by Moren, the first story being that Jose Hogado
Cruces had been robbed and probably murdered,
'
abouts Of tho supposed murdered man had been
discovered that he had thrown the lottery tickets
be had purchased having been told that II was unlaw
full to have such property in his possession in this
country He says further, Moren finally offered 10
compromise the matter BY paying over COG IN gold
for the balance OF the amount claimed to be owing BY
him to Fernandez The recital Of William Molimown,
Aprvate detective, Of his efforts 10 find the missing
man concludes the afBdavits against Morcn. Judge
Donohue refused to vacatc the order OF arrest but
granted an order to show why IT should not DO
cd c vi
him for review.
puts" CALLS AND SPREADS
Clyde H. Rambo brought SUIT in the Marine Court to
from Richard Baxter a. Co the Of 500 81
ss the profits resulting from Investment through
defendants in what is called ''puts," ''calls and
ssprcads" for which plaintiff paid defendants $50 IL
Judge AcAdam yesterday came 10 the conclusion that
tho defendants answer Is false or TO use The judges
resembling that illustrated by the fable OF the Spder
and the fly Tho letters OF the defendant are
fully up to the strategem displayed by the principal
character in that little tragedy Il Am free to confess
that the whole transaction upon the defendants part
hold tha. in consequence the defendants should be
held to tho srictes good faith to their customer or
principal. They should not DO allowed to withdraw or
gainsay the admission deliberately made In their letter
by interposing in defence what Is apparently
pretcncc, g., that they do not now know whether
the plaintiffs account was closed at profit, when in
their letter they assured tho plaintiff that such the
TACT. The defendants acting In confidential
capacity and must be hold 10 the maxim Ct<Trtmd
Fid<s Under all the circumstances the denial Is
i've, and Is interposed in bad fath and ought
receive the sanction Of any court The answer must
be stricken out with costs"
DEATH FROM AN UNSAFE DOOR.
On the Sd OF July, 1875, Hannah Welsh died in this
city. subsequently to her death her husband James
Welsh, took on. letters OF administration and COM
mcnced SUIT against Albert Homes TO recover So 0o0
charging that his wic's death attributable to him
by OF his leaving cellar doorway Of
repair. The defendant denies that the cellar in
which the accident occurred sbadIy, wrong
fully ncgIigcntly covered, secured or fast
cned, that he had notice OF any defect In
its construction fastening" Az to all the other
Legations OF the plaintiff the defendant intcrposes
general denial IL appeared by the testimony OF plain
tifr that, although his vile felt we'll AFTER tho
fall, and up the time OF her death, she able TO
20 about the house and attend partially TO her domes-
tic Affairs she about eight days confined TO her
bed Immediately preceding her death. Tho case is
prosecuted behalf OF she plaintiff BY Messrs SpcIissy
Teddy and Judge Goodlett, and defended by Senator
Gross IL will be continued to-day.