The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-23
THE COURTS.
A Novel Instance of Ante-Matri-
monial Shrewdness.
Legal Investigation Of the Countess
Heinruths Claim.
INTERPRETING THE GAME LAW.

The Instances are by no means raro in which
woman and her fortunes have been the tim in
yited to husband but IL Is somewhat uncommon Tor
a man 10 seek to embrace fortune OF his intended
wife before he embraces herself II remained Tor L.
natz Slender 10 illustrate this last and newest Phase
Of marital experience by endcavoring 10 reap the rus
of The contemplated relation In the shape OF the bank
book OF his intended before he had assumed the re-
sponsibtii,ies OF making the owner his wire HOW
canly she regarded his attempt how he was thwafted
IN his financial designs the unwecome complica-
tons which been the result are told rs soows:-
In February 1877, lgnatz stendlcr becoming ac-
quainted with Erneslna Moses proposed 70 marry her
on the 18th day OF May, 1877. Miss Moses, as she
claims, agreed 10 the proposition oil stenuisr, ana
inyttatIons were issued 10 about hundred of Their
mutual irends and relatives 10 attend the'r wcdung
on the 18th OF May. Miss Moses now complains that
on the 10th OF May SLENDER requested her 10 transfer
10 him OF money which she mad deposited IN
HE Union Dime sayings Bank aud upon her heslatng
so to do stendler stated that unless she dlu SO ne
would not perform his agreement 10 marry her, anu
Miss Moses says that, rather than have her anticipated
marriage thus abruptly nerferred Win, she o1erea
TO have the money in the savings bank SO trans
TERED as 10 have IL credited 10 ther Joins
names, and that the bank book should be delivered
up to her intended when, meeting with the approval Of
Slender, accordingly accomplished MISS Noses
happy succeeding IN satisfying her intended, rom
the bank accompanied HIM TO make certain purchases
Tor nj the approaching wedding; Out nc, "nie gu
gagged in the purchases, desired 70 nc eaSusea u ,
return. See waited with exemplary patience Tor con-
siderable time, but Slender JAILED TO appear ana she
thereupon dcspondcnty returned 10 her nome aHu
upon arriving there astouuded at receiving notice
that Immediately upon SLENDER leaving her he bad
returned tho bank and deinanded pay ment oil tie
eatiye sum OF money transferred as above mentioned
The bank, from the fact OF the speedy return
OF Stcindier ana his desire the entire money,
suspected unfarnoss and refused to allow INN 10 re-
until AFTER he had gwen TWO days noucc, ana
tbereupon she applied to her counsel procured
Injunction restraining Slender IRON drawing the
money and the bank IRON paying IT, motlon was
yesterday argued before Judge j. f. DAILY, In the
.taI ..f fha nj
order continuing the junction. Mt Richard ;. New
,ombe appeared for Miss Moses and ex-Judge Hart
represented the avaricous steindler Numerous am
dayits were read both sides, from which the do
ieldanL make appear ana so TESTIFIED lLat
Honey IN tic Union Dime Savings Bank in
consideration OF his marriage, ana also mat
had agreed 10 pay brokerage 10 one OF his friends
bringing about the match, and says TURNER that
tue only oil his refusal 10 marry the plantlH
wns because she had deceived him by ,ransierrinAo
ineir JOINT account, whereas he understood ~ was 10
he transferred To him Individually Tor immediate USE
The plaintiff only denies any such arrangement as
tnat but asks why, II the fact, nc did not
seek tho money IN her presence III the bank.
instead returning the bank without her knowl-
edge leaving her waiting for him which
they mad gone 10 make their purchases The PLAIN
tia by her papers, insists that the entire conduct OF
the defendant exhibited clear intention to perperae
swlnde upon her, well as TO break his promise OF
marriage, IN support oil which she says that ne, i'm
medaley alter giving notice to the bank as required
by them, proceeded 10 his lawyer lett the bank book
u id conferred TWO judgments the Supreme Court,
in favor OF his lawyer and Mr. hamburger and the
".
executions issued 10 the Sheriff OF
New York, who took possession OF the defendaDfs
and contcntsthe Judgment conferred IN avgr OF
lawyer being services which SLENDER says he
thought IL likely in the future he would require to be
rendered for him
ExJudge Hart referred to the entire transaction as
ridiculous proceeding and that his client
xas entitled 10 the money al the savings bank upon
tho ground, he claims, that the plaintiff
had agreed to give HIM that money IN consideration
OF his promise marry Miss Moses. He also stated
that the paintn was evidently simply compelling the
injunction, she had also procured him TO DO
arrested IA an action brought In the Supreme Court
Tor $4,000 damages, aud held 10 BAN III the sum OF
$500 Tor breach Of promise, and that the dofcnd
ant, Instead OF now being In the enjoyment of the
palntihs accumulations, was langushns IN Ludlow
Street Jail anu, addition TO that, her father had
attached and taken into his possession his entire store
aad contents. Mr.. Newcombe replied that II there
was anything comicai IN any OF the pianths
proceedings, rendered by tho great vllany OF
The defendant, who rst procured the piaintin u re-
pose confidence him by transferring her money to
ms name and immediately after succeeding IN doing
50 sneaked back 10 the bank to endeavor to procure
her money, which II he had succeeded in doing
paint's counsel animated, would have been just 30
much money stolen; that II was not true that defend
ant was prevented from keeping his promise to marry
The plalntih by Of being arrested, as he was
mol arrested until the day after tho time xed Tor the
wedding, and with reference to the attachment
levied upon his store 1t claimed that II was not
Issued or LEVIED until alter 1T VAS discovered that
btendicr was endeavoring 10 dispose OF his property
BY the judgment and execution above referred 10.
Judge Daily after listening to the argument, directed
that the papers be handed up to him this morning,
COUNTESS HEINkUTH'S ACCOUNTS.
All the material facts Of any public interest in tho
suit brought by Catherine Nesta Ennismure Hicks
Countess Hcinruthl sometimes called Cathe rine
Nesta ROLAND, against Robert Martin, executor of the
last Will and testament OF Daniel Marley have already
been published ia tho HERALD. Tho case was reached
for trial before Judge Van Brunt, supreme Court,
special Term, yesterday, the plaintiff beng repre-
scented BY Messrs Albert StcKney and John A.
Wright rs counsel, and tue defendant by Messrs.
L-roque and Mcfarland. Alter the death OF Mr. Mar.
ley his executor brought suit against the Countess to
enforce Of bond 10 the deceased for STA 100
The Countess then commenced The present suit stop
the enforcement OF the payment OF this bond to
recover from the estate the of SlIl S3 % The
Dond, she alleges well the opposite balance In
her avor - the result Of mixed, complicated aud
lair accounts kept by Nr Marley OF "a large OF
dealings which she nad with him in his lifetime,
whereby, she clams he not only brought hei INTO HIS
apparent debt tut concealed the large balance due her
which she now claims. A lair examination OF the
counts, she believes, viii sustain her theory and the
cause OF her beng nlsed her ignorance Of bush
less. The case Is stlll on.