The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-15
THE COURTS.
Personal Estate of the Late Rudolph
A. WitthauS.
RELEASE OF CHARLES F. BECKER.
Severe Penalties Melted Out to
Highway Robbers.
RIVAL ASSOCIATIONS.

In Nay last Fanny Dougherty, sgcd woman
and former omploye OF the late Rudolph A.
Witthaus and OF his creditors through
her attorneys Messrs. jacobs stuk, presented
an application to Surrogate Calvin Tor letters OF
administration the estate OF the deceased, upon
failure up TO that time OF the widow and next of
kin to administer. In order however to prevent the
granting OF letters Mrs. Doughertys petition Mrs.
Withaus the widow fled application for letters Of
administration, and in her petition alleged that the
personal left by her husband did not exceed in
value the sum OF $1,000 Upon objection having been
He'd by Mrs. Doughery to the granting OF letters to
he widow upon bond OF Gully ST. 600 the matter
referred BY the Surrogate 10 james Traynor take
proof OF the facts and report 1t testified the
part Of tho WIDOW and next Of KIN that all the person
atty OF tho deceased consisted Al his death OF
watch, nute and guitar. On examination oil
Dr. witthaus, SON OF the deceased, u appeared
that deceased had in December, 1876, sold by bill of
sale TO tho witness portion Of his furniture, pictures,
books, &c, for the sum of $4,000, and the witness
leasing him IRON debt for about that amount being
interest on 900 from August 80 1871 10 date that
the $50 600 the surrender Of an agreement
the and his father, according the terms
OF which the son was TO aid his father In the manage
done and That deceased had never paid anything on
account OF this Indebtedness. The matter came up
again yesterday before The Surrogate as 10 the form OF
order to be entered upon the decision OF tho Surro
gate. An elaborate opinion written by tho
Surrogate which no concludes as ioiows:-"On
such consideration ( have been abl0 TO give
the subject 1t seems TO quite evident that
question may arise TO the bona tides and validity of
the bill OF sale 10 question: and regard it on this evil
dence to DO the duty Of the representative of the
tate, when appointed IN the interest OF creditors TO
test the validity OF that bill OF sae for the expana
ton Of the transacton and the alleged consideration
tor tho transfer erainly very unsatisfactory and
suspicious think that security, 10 DO gwen by tho
administrator who shall be appointed should be suif-
eept to that possible belonging to the
Estate, IN 1t shall be adjudged to be SUCH 1t is
proper also TO suggest whether Mrs Wthaus tho Pc
ttoner considering the relation OF the alleged vcn-
dee OF this properly, is a suitable person 10 take
charge OF that estate ana to enforce Its nights
against tho son. am OF the opinion tnat the security
to be given on issuing OF letters of administration
This matter should be at least S25 0O0'' Tho Surro
gate directed that order in conformity with his de-
rsion be prepared and submitted on August II.
THE UNION TRUST FORGERY.
In the Of Charles f. Becker charged with being
implicated in tho forgery Of the $64 900 check the
Union Trust Company, before Judge Sutherland, in
she Court OF General Sessions motion made for
his discharge. Some time ago, already stated in
lhe HERALD, Becker was admitted to bail the
forgery indictment against him in the sum of $4,000
He was Immediately rearrested, as he leaving the
District Attorneys office, order OF arrest
granted on civil proceedings. Becker conveyed
to Ludlow Street JAN. Lest the prisoner might be
discharged on the civil proceedings, and that the bail
might be nvaldaied by the surrender OF the accused
btreet JAN TO be executed in the OF Beckcr's
lease Judge Van Brunt. US Will be remembered on
ceedlngs On behalf Of the prisoner counsel yesterday
moved Tor the withdrawal OF the bench warrant in the
hands OF the Warden OF Ludlow Street Jail Assistant
District Attorney Herring said he had no official
Knowledge OF the issuing Of a bench warrant Tor
Becker's arrest He had no doubt IL had been done
precautionary measure IN order to secure the
OF the prisoner, that his bond might be
newed, thus preventing any possibility oil trouble
about the bail Judge Sutherland observed that the
prisoner,
release had been ordered was illegal He would order
the bench warrant TO be Withdrawn, which was done
and Becker was discharged.
HIGHWAY ROBBERS PUNISHED.
As Mary Pagan, a coored woman, was returning
home from work through Thompson street. on tho
evening OF the 2lst day Of June last mulato named
John Bucnor about twentyslx years old, approached
her and without the slightest provocaton struck her
violent blow from the effects Of which she fell
water trough and broke two Of her ribs. The injuries
sustained Of such serious nature that she
confined in Bellevue Hospital for six weeks. While
lying the trough prisoner seized her robbed
her Of 50, her weeks wages The prisoner tried
yesterday before Judgo Sutherland, the Court Of
General Sessions In his own defence he denied hav
ing committed the robbery and testified that the
planant was living with him. that she rcproacned MIN
In the street, and that he SIMPLY pushed her away.
The prisoner, who seemed to be unusually intelligent,
told long consecutive story IN regard 10 the
by Assistant District Attorney Herring. The jury found
the prisoner guilty aud Judge Sutherland, IN passing
observed that to the crime oil ROBBERY had
added that of perjury and that under all the crcum
stances severe punishment must be Inflicted. The
prisoner mad shown considerable tact aud Ingenuity in
his defence. While the Court addressing the pris-
Oner he loudly protested his innocence saying that he
did not care what was to HIM and that when ho
came out of jail he w0ad have revenge He n
fenced Tor the term Of fifteen years in Sing hard
labor.
colored man named Charles johnson arrived in the
city from New Rochelle and as he was passing through
Thompson street another man Of color, VINO gave nis
namo as John Harrison Of No Clark street, rushed
upon him. and scizng his hand ondeavored to take of
ring johnson resisted the attack and ran away io
lowed by the prisoner who picking up BRICK, struck
him the head and rendered him UNCONSCIOUS. At
this stage police officer appeared on the and
took HARRISON INTO ,ody. The evidence OF the
planan In the trial of the yesterday corrob-
Grated by the officer, and the Jury found the prisoner
guilty Judge Sutherland sent him to the State Prison
Tor tho term OF nine years
LADIES AT LOGGERHEADS.
suit was commenced about month ago in tho
Court Of Common Plcas by the society Der Deutsch
Frauen vcrein composed, the title indicates, en-