The New York herald., 1877-07-08
NEW WAY TO SERVE OUT A SEN
TENCE.

Judge Donohue handed down q decision yesterday
In the case OF Frederick A. Boty the lawyer who
committed by Judge Dinkel, Of the Fourth District
Court upon the 2lst day OF June last, TO the County
Jail tor days and to pny hnc OF $40 for contsmps
Of Court. Immediately alter his conviction and SEN
Ience his counsel. Mr. William +. KiniznR applied to
Judge Donohue Tor writ Of habcas corpus, which
granted, commanding the Sheriff to forthwith produce
Mr.. Rotty before the Supreme Court which was donc
Upon return TO the WRIT Mr. Knitting ralsed number
OF technical objections 10 the form Of the commit:
ment Of Judge Dinkel, which, he coutended, made
the detention Of the lawyer unlawful. Judge
Dnkel appeared in person and argued that the conf
mitment perfect Judge Don0bus SAID he would
hold tho matter under consideration, and tho mean
timo Ie place OF remaining Boy to the custody Of
the Sheriff would place him in the custody OF Mr..
Knitting his counsel. In the decision rendered yes
terdxy Judge Dopohue disInisses the writ. Shortly
Ai.cr the decision announced Mr. KNITTING, accom-
panicd Wy Mr. Botty visited the shern's office where
he paid the tine Of $40 imposed BY the Court to the
Bhsrn and took receipt. Mr., Kintzng now contends
that Mr. Bolty has served out his sentence OF ton
days, ho having been ny ordcr Of the Court his
tody that the allowance OF the writ o habcas corpus
did not suspend the running Of the Sentence and that
In contemplation OF law he has all Tho while been
strained of his liberty. From the fact that Judge
DSnonue SIMPLY inaHrses ,, 90 Inc PACK OF sne wrs'
Sody OF the Sheriff it would seem Judge Donohuo
favors that view OF the CASE As It now stands llr.
Bolty seems TO have served out h,s sentence in the
custody OF Mr.. KintZng, and to havo been saved the
humiliation OF being incarcera,cd within the walls Of
prison.
IMPORTANT RAILROAD LITIGATION.
Before Judge Daniels, in Supreme Court, Chambers,
the suit brought by William H. Taylor and others,
trustees OF tho first mortgage Of the Atlantic and
Great Western Railroad Company, for the foreclosure
Of that mortgage, argued yesterday upon
by Mr.. Charles A. Da Costa on behalf OF the Banquo
Franco which holds nearly 81 900 900 OF
the bonds oil the company, to set aside parte
order confirming the Amsterdam agreement Tor the
extension OF the Ohio mortgage, called
obtained Chautauqua county. Mr. Da Costa
based his motion upon three grounds-arst
that the order was obtained without notice
the dcfeudants second that purportcd to be OBJ
tained by Mr.. Gorham. counsel all the de.
fendapts, when in TACT he only counsel for the
Atlantic aud Great Western Railroad Company; third
junction pcnang IN the Supreme Court IN this State,
, motion for the dissolution OF which injunction IL
nndcr advisemeut by Judge Lawrence Three fore
closure suits wero brought simultaneously in New
York, Pennsylvania and Ohio, cover the
whole extent OF the road The Ohio court
confirmed agreement made Amster-
dam, Holland, for the extension oil the mort
gage, against the wishes OF u minority OF tho
bondhoIdcrs, including the Banque Franco-Egyptenc,
whsvh obtained here an injunction against any action
tewafd the confirmation OF that agreement 10 this
State. Mr. W. W. AscFarland representing the trus-
toes and ns railroad company yesterday opposed the
also Mr. Charles II. Tweed representing Bichonsheim
Goldsmith, OF London, who are holders OF 5000 600
U: the coupons vi these bonds. Judge Daniels re-
served his decision.