The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-17


siou Of Samuel @. Ogden, an auditor in the Custom
House. who il was alleged had money Of the judgment
debtor in his hands, and who enjoiued from part
ing with IT, Notwithstanding this injunction Mr. o.
den drew his check the Of his duties for
months pay due Clyse, and the latter drew tho
money from the Sub-Treasury. For this act on the
part OF MI Ogden IL sought to punish him Tor con-
Tempt Of Court In having paid his SALARY 70 Clyde IN
able length the decisions Of the United States Supreme
Court aud the State courts IN parallel cases Judge
McAdam held that neither on mesne pro
cess or final Judgment Is money in the
hards Of United states officer, as the
disbursng officer OF the government liable 10 he seized
or cnioined rho Judge concludes his opinion as io-
ws:"Ogder neither the custodian OF tho money
nor the debtor OF the defendant he the Disturbing
agent Of the government acting under article O0I Of
the customs regulations OF the Treasury Department,
which, among other things provides that kisbursing
officers must not recognize or accept assignments,
transfers. hypolhccstons drafts upon the compcusa-
ton OF public officers and employees, nor upon any
other claim or demand AGAINST the United states nor
of money In their hands, the proper judicial auh"r
tics having decided that process Is not lawful These
regulations defined the Official duties imposed by me
government upon Mr. Ogden as its employee and tho
drawing OF the check by him upon the Assistant
Treasurer the United States official act he had
legal right to perform without making himself liable
for contempt OF Court The motion to punish for con-
tempt Il therefore denied
EIGHT OF ARREST NOT WAIVED.
In February last Thomas W. Fletcher was indebted
20 l. w. Coutant in the sum Of about 1900, suit Tor
which was commenced IN the Marine Court. and an
order OF arrest granted against Fletcher the ground
that tho had becn contracted by msstatement Of
facts on his part compromise then effected be-
tween the parties in relation 10 the matter OF arrest
tho plaintiff conscnsng 70 act NJ defendants bondsman
and tho defendant agreeing to pay to plaintiffs lawyer
$3.50 COSTS aud give plaintiff OF third party
for the amount OF tho claim indorscd by his tdefcn
dants) wife, These conditions being fulfilled, tho suit
was not then prosecuted farther, but never for
maly discontinued. few days SINCE the note falling
due and being paid, Mr.. Coutant surrendered his
principal and debtor and the latter rearrcsed on
the original order Before Judge McAdam IN the Ma.
rinc Court, yesterday motion was made ON behalf OF
the defendant vucate the present arrest, on the
ground that plantn, In taking the new note, waived
the original OF action and the right 10 arrest
associated Herewith. Plants theory, In opposition
TO tho 10 vacate the arrest, that the note
was only taken collateral security for payment Of
tho original clam that plaintiff thereby waived mono
OF his original rights in the action wherein the order OF
granted but merely agreed TO stay the ac
ton and grant forbearance 10 defendant until this col
lateral should NATURE ana that that note not being
paid at maturity he al liberty 10 then enforce the
original order VI arrest Judge McAdam held tho CIR
Gums tances Indicate that plaintiff had not released
his original cause OF action or changed u, nor WINS his
right 20 arrest waived or discharged He therefore
without costs and with leave TO defendant to move
on adavits aside the original order OF arrest by
contrasting the grounds on which It was granted
TRIAL OF LAWRENCE POSTPONED.
The Lawrence case, set down for trial yesterday
morning in tho United States Circuit Court, before
Judge Benedict Unexpectedly encountered fresh
cause for delay On tho opening of tho Court District
Attorney Bliss addressing His Honor, said that owing
10 the absence Of special counsel in the case on tho
part OF the he constrained TO ask for
further postponemcnt OF the trial. and That 1t be SGT
down for Monday next. He regretted to DO compelled
fhQ fOftn no mr. ufion
but the engagements OF his associates specially em-
poycd tho were such that they could not pos
sbly DO in court before the day named, Monday next
Tno Court ordered the to stand II u under
stood that there will be further delay In bringing on
the case for trial. Lawrences special counsel were
also absent Tho accused was brought from Ludlow
street jail by tho United States Marshal lie was no.
companicd by his son. Several Of his friends were
also In court
THE ALLEGED POLLOCK FRAUDS.
William II. Pollock, tho principal in the alleged Pol
lock frauds, indicted for removing dutnbe articles in
bulk and replacing tho Same with goods of lesser
du,iabo value, offered bail yesterday. The District
Attorney doomed tho proiIcrcd bail not genuine and
refused accoptit Tho trial Of Pollock was set down
for to-day but conference with counsel 1t de-
cided that the trial should be called till alter tho
case Lawrence shall be disposed or District Attor
ney Bliss thinks the Pollock trial will not occupy tho
Court more three days Tho defence has employed
eminent counsel and next 10 the Lawrence case IT will
take precedence in Importance in tho many government
prosecutions now waiting trial in tho United States
Circuit Court.
THE INDICTED WHISKEY RING.
Philip H. Tuska, or No "a South William street, who
was indicted by the United states Grand Jury .
charge OF dealing In s'crookcd" whiskcy, yesterday
proercd ball by proxy which the District Attorney
accepted the suretes being acceptable In every respect
In the case OF Soih Ety. Of the arm OF Seth Ely Co,
also indicted Tor completely IN tho alleged whiskcy
conspiracy, bail was likewise offered yesterday but
District Attorney Bliss rcusodto accept II account
OF the surctcs being from Brooklyn: The amount Of
bail the Is liked ut SO, 600 T. Boyd OF the
firm Of Boyd HILL was notified by the District Attor
ney days ago that his bail not sufficient AMI
that he must perfect It. but, yesterday, making his
appearance, the District Attorney allowed him 10 60 on
the bail originally gwen by him.
SUMMARY OF LAW CASES.
Judge Van Worst was reported yesterday much i'm
proved in hcah that no will probably be able 10
his Judicial duties within day two II ruinorcd
that Chief Justice Mcneil. OF tho Superior Court.
lying In an exceedingly critical condition, suffering
from paralytic stroke
In Supreme Court General Term, yesterday. thcro
was argued the appeal In the suit brought by John X
Fellows formerly Assistant district Attorney OF this
city TO recover l66 o. claimed TO have been wrong
gully deducted from his salary in the general twenty
per cent reduction ordered by the Board OF Apportion
ncns He claims that no judicial officer and that
for this the reduction IN his salary was illegal
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