The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-24
THE JUDGE M'CUNN ESTATE.
THE JUDGES WIDOW AND HIS BRo-
Their SENT TO PRISON.
The Courts Dened and the Detective Omcers
for Lons Time Baf,cd-A Vigorous and
Interesting Fight for n Large Fortune.

The Courts Dehed and the Detective Omcers
for n Long Time Bahicd-A Vigorous and
Interesting Fight for n Large Fortune.
Yesterday morning Detectives Fisher
aud Byrnes, In the apartment house at Forty
ninth street and Third avenue, arrested Thomas
McCunp, brother Of the late Judge John II. Nc
Gum. aud Mrs. Jane AcCunn, the judges
widow, and took them to Ludlow street Jail.
Thomas McCuun's arrest was made on the APP
plicatiou Of Batter, Stiiman, and Hubbard. at
torneys for Joseph J. O'Don obue, the receiver
In the action instituted by James NJ Gano
against the McCunns and others to obtain q CON-
struction OF Judge McCu nn's will. That instru-
ment appointed a. executors Thomas McCunn,
Jano McCunn, and James N. Gano, Mrs. Nc
Gums brother-in-law. IL left the property Ia
trust for six years to Thomas and Jane McCuun.
whether Gano was entitled to share also in
the trusteeship Ia tbs main question Involved In
his suit. Pending the deposition OF this action
all the property which IL vario usly estimated TO
be worth, free OF encumbrances. from 500 900
TO 1900 COO Ia tied up In the hands Of n receiver
Numerous large law ffr ms have been retained TO
protect the various interests connected with the
estate.
After the appointment OF the receiver. an
order was served upon Thomas McCunn. direct
ing him to appear before referee and account
for the property that had bean intrusted TO
him. The order was directed also to Mrs. Nc
that Ii was i'm possible to gain access to her.
Messrs. Butler, Stilman, and Hubbard took
the appointment Of a receiver seemed immi-
nent, the McCunns withdrew rom their bank
snd secreted 10000 or $1,000 that they had cot
Iected from the rents and other Income OF the
estate. Ii was also surDised that they had In
their hands other ene ots belonging to the estate
appear before the referee, and he was then
served with an order to show why he should
not be arrested for contempt Of court He dis-
regarded this also. An attachment was there
upon Issued, bail being set al tAQOO. and was
! Tor some time was unable 70 execute Il. ""o
Meantime a suit by 3. and A. Clark, plumbers ,
was instituted against the executors IN thcir In
| dividual capacity for work done upon the estate
after Judge McCunn's death. and a Judgment
| for about t275 was obtained against them. Mr..
having also otner judgments against the Nc
Gums, one In the superior Court, likewise OBJ
tanned bv g. ana A. Clark, being for about 1880
| and wishing to ascertain not only whether the
Me- seosnn' had any property 81 their own ba,
| what chance there Of enforcing q further
an order ia the Marine Court directing
and testify IN relation to those matters
She disreg srded the order. Then they obtained
for contempt. Mr.. Baldwin says II proved very
| difficult TO serve Mrs. McCunn. she lived In an
who was most faithful Ccrberus to ner and
allowed nobody to IS MIN without a counter
SIGN. hoy was hnslly sent TO the house with
|
| some box Of nnery, but with the order to show
cause In his pocket. Thus he reached her. his
nent was thercupon granted BY Judge Nc
Adam, with ball nxed at 500. and was given TO
Detective Fisher.
Fisner found not less dificulty In arrestine
| Mrs. McCuhn, than Dyruos bad Ell pereDced In ar
| resting Thomas McCunn. He was always in
| home that she was IN New jersey some where
else out Of re ich and vas Invariably denied adj
mission. Once he passed the jsnitor, and In
| sisted upon going w stairs, but tho janitor
| called uD the engineer, and the two thumped
| the detective. ana ANONYMOUSLY put him out.
| Fisher and byrnes Therefore put their neads to-
| get her, and Yesterday morning they obtained an
entrance into the house through rear passage
| by permission OF the prooreto- OF one Of the
| half dozen snops that occupy tue second story
| fron.ine Third avenue. The detectives found
| Mrs. McCunu concealed 10 a d irk Tuner room.
| The prisoners were consigned 10 Ludlow street
| Jail. Having been asked whether tney Intended
| To remain there or whether they intended To get
| bail, Mrs. McCunn said sue did not to be
| released, and Mr.. Thomas Mccain said he
thought he should no be able TO get bail. They
| complained OF tneir treatment, saying that the
| whole estate has been left TO tbem As trustees,
| and that 10 should not nave been taken out of
| their 'nds. They were taking proper care of
| the estate; bu. Gano, they said, was endesvor-
Ing /" consume u IN litigation. The appoint
| ment OF receiver for the property they do
| clared unjust and said IL was procured by am
| dsvits made v Gano that were utterly untrue.
| Here vas property worth, free OF enc um ORANGES,
| over S2uOOOO, u which Mrs. hcCunn was 20 re-
ceive over nalf. while the house 2lS " est twenty
INST street, with all It's furniture, was beque tined
| TO ner imme liatelY and outright; aud neverthe-
| less, she could not get one cent from the entire
estate, eyee for subsistence; unit this long liti-
| cation That had been Instituted by Gano was
| settled. The trial was postponed In May from
one week TO another, and now II Is nm tlly de-
cided that II ~ TO be deferred until October.
In regard TO the disooedience Of the order to
| appe before the referee, MIR. Thomas McCunn
| sud that his counsel. Oakley Hall. had advised
him TO disreg ird II. on the ground thai be- being
| atrustee under the viii, could not be subjected
| 10 such nj examination