The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-27
CASE OF DOCTORS, FEES.

The case of Louis r. Rolwagen and others va Alfred
Powell an onshoot OF the old 'sRowagen Wal Case -
salne on to be heard before the Supreme Court Gen.
Srai Term, yesterday, an appeal from order Of
The Surrogate ordering payments to Drs. Purdy and
Powell Of tho sum OF ST. $50 Of the estate 1t ap-
pears that while the contest against the VIII in
progress tho Browning children, grandchildren
OF the deceased, brought an action in the Supreme
Court to declare tho will void, and being cloud on
the tito to tho real estate About tho time
Nagdalena, the widow, whose widowhood ID denied,
Stained to be enceinte from deceased. Some Of tho
heirs claimed that this simulated, and applied to
the Court for the ancient writ called de nquirendo in
Bpicundo 10 have her examined Tho Court appointed
Drs Powell and Purdy, together with the family ply
scian, DR. Goulden, 10 make such examination and 10
be At the birth Of the child The doctors found
the alleged widow enceinte, and the child de-
lvered claimed 81 900 each for their SERVICES and
applied 10 the Supreme Court tor order OF reference
William A. Ducr rs referee The heirs contended that
the charge services extremely exorbitant and
es sss Z Ss
we're airly ond reasonably worth; that IL
required no especial science 20 tell whether
delivery required doctor be present TO tell
what any present could tell rs we'll as doctor.
The favor OF the doctors $500 each, and
referees fee $50 White the reference progress
tho suit in which the order Of references made, aud
10 which the doctors not parties dlscon-
tnued and an order duly entered six months after
tho referee made his report and 1t confirmed,
ns G II q estate % psy
rordnnce with tho order Of the Supreme Court This
opposed upon the ground that the report order Of
confirmation and to pay by tho Supreme Court was
been discontinued. Nevertheless, the Surrogate.
me receiver Of the estate to pay tho doctors
70 tho supreme Court General Term, claiming the Sur
ogate had Jurisdiction to make the order as the Su
prcme Court had no the action having been
md rdo cln
that such discoutinuancc mad never been allowed to
Interfere with the substantial rights acquired BY any
person. that orders frequently made after entry
81 formal order dscontinung tho action when such
SubscQuent orders appeared TO the Court necessary
,i"ason xnosher party or no Tho Court took the
papers rescrving It's decision Messrs Clinton Lang
bcin appeared for appellants and Lemuel skdmore for
respondents
DECIDEDLY A NOVEL DEFENCE.
In the criminal branch OF the United States Circuit
Court yesterday, before Judge Bonedict motion in
arrest Of judgment made by Mr. A. H. Purdy, in
hc case Of David Howard recently convicted Of using
me United states mails for the purpose or dcfraudng
snsuspectng citizens The class to which Howard bc-
onrs are known to tho detectives 'boodIs dealers
and their mode OF operation Is send circulars to
country storekccpcrs clcrrymcn. congressman, &c,
offering sell them FIRST class counscric notes at an
extremely low figure and after receiving their good
money return nothing but box filed with brickbas
aud sawdusI In this manner Howard and associate
euCnrcu
counterfeit business small scale, out Of $500 II
was not for this fraud but Tor using the mails Tor that
purpose that he convicted. Tho line OF argument
ndoptedby counsel had the mort OF originality. Coun-
urged the class 10 which his client belonged
did more Tor suppression OF countercting than tho
officers OF the government The men who were de-
frauded in this manner men who, " dealing with
genuine couutcrfc,crs would flood the country with
counterfeit money; but alter being on,c bitten by ono
Or these slnr crs Il ould be impossible Tor genuine
eountcriccr 10 have any dealings with them In
tcad OF beng TO the State Prison the government
ought 10 Howard To continue IN tho business inc
Cour. reserved Us decision
ALLEGED CUSTOM HOUSE FRAUD.
Hermann Hrsch, or tho firm Of Hermann Hirsch
Co. importers or laccs OF No. SIS Broadway, was ar
rested yesterday by Deputy Marshal Newcomb on
warrant issued by United states Commissioner Shields
Hrsch charged with having made fraudulent
statement in regard TO Invoices OF goods imported by
him through the Custom House. The specific charge on
the affidavit mado by District Attorney Bliss that
the sth Of October 1874, the firm Of hirsch Co. re-
ccivcd All importation Of lnces from Germany valued
q, 400 forms, and that no made false OF the
invoice. whereby, alleged, no dcrauded the govern
.nent OF duties. Hrsch was taken before Commits
sioncr Shclds and offered bail IN $4,000 tho sum
auircd by the District Attorney. Tho bail however
was not forthcoming and tho accused remanded
The custody Of the Marshal District Attorney Bliss
AGAINST tho accused, VINO suspected or having been
engaged actions similar 10 that which he Is
now under and by which the government has
been detraudcd OF large amount of duties Up 10
hate hour last evening Hirsch had not secured tho
required bail